[14]
We shall do this by considering what the
law is which gives rise to the dispute, that is to say
under what law the court has been constituted. In
scholastic themes, for example, the laws are sometimes stated merely with a view to connecting the
arguments of the cases. Take the following case:
“A father who recognises a son whom he has exposed in infancy, shall only take him back after paying
for his keep. A disobedient son may be disinherited.
[p. 15]
A man who took back a son whom he had exposed
orders him to marry a wealthy neighbour. The son
desires to marry the daughter of the poor man who
brought him up.”
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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