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A legal or philosophical construct where a hypothetical or assumed scenario is treated as if it were fact for the purpose of analysis or decision-making, particularly in cases where direct evidence is lacking.
In der Vertragsauslegung wird oft auf Annahmefiktionen zurückgegriffen, um die Absichten der Parteien zu rekonstruieren.
In contract interpretation, assumptive fictions are often relied upon to reconstruct the intentions of the parties.
Common in legal theory and jurisprudence, particularly in German legal philosophy. Differs from 'Fiktion' (fiction) by its specific application in hypothetical reasoning.
A theoretical assumption presented as a fact to facilitate discussion or analysis, often used in academic or legal contexts.
Die Annahmefiktion eines 'idealen Sprechers' hilft bei der Analyse sprachlicher Normen.
The assumptive fiction of an 'ideal speaker' aids in the analysis of linguistic norms.
Used in linguistic philosophy and speech act theory to model idealized conditions.
Annahmefiktion is not about deception but about using a useful fiction to explore theoretical or legal scenarios. Think of it as a 'thought experiment' with a specific purpose.
Annahmefiktion is a controlled, purposeful fiction used in analysis, unlike general 'Fiktion' (fiction), which may imply creativity or storytelling.
Compound of 'Annahme' (assumption) + 'Fiktion' (fiction), first attested in 19th-century German legal and philosophical literature. 'Annahme' derives from 'annehmen' (to assume), while 'Fiktion' comes from Latin 'fictio' (shaping, feigning).
Primarily used in academic and legal German. The term emphasizes the hypothetical nature of the assumption rather than its falsity. Avoid using in everyday contexts; 'Annahme' or 'Hypothese' are more common substitutes.