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[11] For when it has been asserted and denied that a deed was done, the question whether it was done is resolved by conjecture, and the decision of the judge and the main question rest on the same ground, since the first question and the final decision are concerned with the same point. But when it is stated and denied that Orestes was justified in killing his mother, considerations of quality are introduced: the question is whether he was justified in killing her, but this is not yet the point for the decision of the judge. When, then, does it become so? “She killed my father.” “Yes, but that did not make it your duty to murder your mother.” The point for the decision of the judge is whether it was his duty to kill her.

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load focus Introduction (Harold Edgeworth Butler, 1920)
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