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[72] not even those special pleas, in which questions of competence make themselves most evident, give rise to the same species of question as those laws under which the action is brought, so that the enquiry is [p. 447] really concerned with the name of a given act,1 with the letter of the law and its meaning, or with something that requires to be settled by argument? The basis originates from the question, and in cases of competence it is not the question concerning which the advocate argues that is involved, but the question on account of which he argues.2

1 e. g. murder or manslaughter: sacrilege or theft.

2 See ยง 70.

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load focus Introduction (Harold Edgeworth Butler, 1920)
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