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[73] An example will make this clearer. “You have killed a man.” “I did not kill him.” The question is whether he has killed him; the basis is the conjectural. But the following case is very different. “I have the right to bring this action.” “You have not the right.” The question is whether he has the right, and it is from this that we derive the basis. For whether he is allowed the right or not depends on the event, not on the cause itself, and on the decision of the judge, not on that on account of which he gives such a decision.

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load focus Introduction (Harold Edgeworth Butler, 1920)
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