Master'sOpen Access

Evaluating the place of legal fiction in the development of law

2020
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Advisor: Doç. Dr. Ülker Yükselbaba

Abstract (EN)

In this study, the reflection of fictions that have been used in many fields since the past in law will be examined. In order to reach the definition of legal fictions, primarily the basic concepts of language and thought will be addressed; in connection with this, the relationship between reality and fiction will be mentioned. As a result, the formation of reality and fiction in mind occurs through language and thought. Legal fictions are not being used much as a subject matter of researches compared to other fields. Almost all of the available resources are written in a foreign language. In this study, the legal fiction definitions of various thinkers who have examined the legal fiction will be mentioned, and the examples of legal fiction will be evaluated by following the related discussions. There are also those who think that all the rules of law which is a product of culture through language are fiction at the beginning, but in this study, rather the fictions in law will be discussed. Although there is no single definition of legal constructs in the literature, some authors have attempted to formulate definitions. There are a wide range of judgments about it that vary from period to period or from person to person. For this reason, in this study, the meaning of legal fictions and the effect of the use of fiction in law on the development of law will be examined.

Author

Dr. Beyza Nur Eker

How to Cite

Beyza Nur Eker (Master Thesis). Evaluating the place of legal fiction in the development of law, 2020, İstanbul University.

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