Re: Precedent (was: Re: literacy)

From: snark <phil_at_snark.freeserve.co.uk>
Date: Sat, 3 Feb 2001 21:16:31 +0000


>My impression was that precedent was persuasive, but not
>necessarily binding, in Heortling law.

In magic, re-enactment is important. So, if a similar case has come up in the past, and the decision was seen to have been correct, or at least to have had no negative consequences, then coming to the same decision may well be seen as a safe option, especially in a clan that values tradition. This may differ from precedent in modern law, as many circumstantial factors may be brought into account, such as "The defendant's pig died the previous day, and Brolan, cousin of our our founding father, slept with his cousin's wife the day after his pig died, so that man must have slept with his cousin's wife!"

Phil.


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