Capitolo 50
however, this history that I have to say a word that touches the nature of our law.
Municipal law, to be satisfactory should be a body of abstract
principles able to impartially be applied to all the connected facts,
in the moment in which Marshall and Jay held him/it to be. Where exceptions start, the equality
in front of the ends of law, as I have tried to show from the history of King David
and Uriah, and therefore the great effort of the civilization has been
removes judges from the possibility to be submitted to a temptation,
or to a pressure that can divert them from the impartiality as among
applicants. In the modern civilization, especially nothing is so fatal to the
principle of order as inequality in the dispensation of the justice and it
you/he/she would have been reasonable to suppose how American, over all others,
you/he/she would have been alive to this teaching of experiments, and has
withdrawn studiously their politics bench. In fact they has
the ignored one, and they has put their judicial arrangement to the fire instead of
contradictory strengths. The result has been the most unlucky as the
It Systematizes English of the jurisprudence it is sick calculated to bear I strive it to it,
being inflexible. In theory the law English logically stirs from
precedent precedent, the judge that doesn't originate anything only elaborating,
ideas that he has received from a predecessor, and what binding are for
him. If the leads line of conclusions precedents been wrong, the
legislature has to intervene with a statute that corrects the evil. The
Romans that were given with a legal and taller genius that us, handled
better. The praetor, from his/her edict precedents that it brings trouble and I suppressed,
and from now the Romans they maintained the flexibility in their municipal law
without falling in confusion. We don't have anything to correspond to the
praetor.
This way the system English to tie precedents is annoying enough in a
to the civilization in chronic flow and violent it likes the modern civilization, also