Argument By Cephas Brainerd Before the Judiciary Committee of the House of R

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Argument By Cephas Brainerd Before the Judiciary Committee of the House of R
Cephas Brainerd
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For by the uncertainty it would introduce, it would defeat all the ends of law, more than an army of robbers. " So Maine {Ancient Law, 6^) : " A time always comes at which the moral principles, originally adopted, have been carried out to all their legitimate consequences ; and then the system founded on them becomes as rigid, as unexpensive, and as liable to fall behind moral progress as the sternest code of rules avowedly legal. " 22 To the same effect (id. P. 66): " It is easily seen by Engl...ish lawyers that English Equity is a system founded on moral rules ; but it is forgotten that these rules are the moral- ity of pasL centuries — not of the present — that they have received nearly as much application as they are capable of, and that, though of course they do not differ largely from the ethical creed of our own day, they are not necessarily on a level with it. " Such, then, is the condition of a court of equity, so called. It is incompetent to legislate for this new class of cases.

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