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[79] From these writers I differ even more widely: for it is not the nature of the legal action itself which is involved in the question of competence, but the cause of the act; [p. 451] and this is the case in almost every defence. Finally he who adopts this line of defence, does not thereby abandon the qualitative basis; for he states that he himself is free from blame, so that we really should differentiate between two kinds of quality1 one of which comes into play when both the accused person and his act are defended, and the other when the accused person alone is defended.

1A) Absolute, when the deed is shown to be right. (B) Relative, when the act is not defended, but the agent is cleared of the guilt of the act.

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load focus Introduction (Harold Edgeworth Butler, 1920)
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