which three commandments are enforced by our legal system?

and want eternal life, you should ask Him for forgiveness and be truly sorry for your Oxford professor Sir William Blackstones Commentaries on the Law of England, which interpreted and summarized English common law, became an essential reference as the nation began the process of converting common-law principles into written statutes, ordinances, and penal codes (Duhaime, L., 2010). Want to create or adapt books like this? Which brings me to two debates that bring the libertarian tradition of our legal system into focus: abortion and gay marriage. document. The dissenting opinion will not change the judicial opinion, but it may also be used as precedent in a future case if there are grounds for changing the law. The tenth commandment, do not be jealous of others or want what others may have, disrespecting and disobeying God and His wishes for you. Why do you think he gave that answer? Related to the subjective view of truth is the view that truth Two constitutions are applicable in every state: the federal or US Constitution, which is in force throughout the United States of America, and the states constitution. Gradually, after the Revolutionary War, hostility toward England and modern reform led to the erosion of common-law crimes and a movement toward codification. Chief Justice Rehnquist called judicial independence "one of the crown jewels of our . Those commandments which governments agree with. 3.Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain. want. For safety and security reasons, we see more exceptions to constitutional protections in public schools and prisons. Thomas Jefferson specifically railed against attempts to claim that the common law incorporated the Ten Commandments when he criticized judges for "lay[ing] the yoke of their own opinions on the necks of others by declaring that [the Ten Commandments] make a part of the law of the land." 1) I am the LORD thy God Thou shalt have no other gods before me. . One judge writes the judicial opinion. 5.Honour they father and they mother: that they days may be long upon the land which the Lord they God giveth thee. Of the three sources of law, constitutional law is considered the highest and should not be supplanted by either of the other two sources of law. Figure 1.8 Example of a Substantive Holding. Its obvious that some of the Commandments forbid actions that are also forbidden in American law, but then again the same parallels can be found in laws throughout the world. 9.Thou shalt not bear false witness against they neighbor. States constitutions typically focus on issues of local concern. The court reasoned that it could not create a new crime without violating the due process clause, separation of powers, and California Penal Code 6, which prohibits the creation of common-law crimes. Hart points out that Austin's theory provides, at best, a partial account of legal validity because it focuses on one kind of rule, namely that which requires citizens "to do or abstain from certain actions, whether they wish to or not" (Hart 1994, p. 81). Second, I was appalled that Americans - including television personalities who have a responsibility to their audience to do their homework - could be so uninformed about the history of our legal system, and its many and diverse sources. There is simply no reason to think that the people crafting American or British law sat down and prohibited theft or murder merely because the Ten Commandments already did so. The reasons are obvious: this is a religious matter which the government has no authority over. A written law prohibiting jaywalking within a citys or countys limits is an example of an ordinance. I will use the King James Bible version, since the Protestants who are asserting the right to have the Commandments displayed and promoted by the government would be most familiar with this version. If the Commandments were the basis for those laws, they arent the basis for current laws, and this means that the rationale for displaying them is gone. 2021-22, The cell Anatomy and division. Can society survive abortion and gay marriage? As the Model Penal Code states, [n]o conduct constitutes an offense unless it is a crime or violation under this Code or another statute of this State (Model Penal Code 1.05(1)). The issue is the question the court is examining, which is usually the grounds for appeal. Judicial independence consists of the "intellectual honesty and dedication to [the] enforcement of the rule of law regardless of popular sentiment," and the ability "to render a decision in the absence of political pressures and personal interests.". . You shall not make for yourself an idol in the form of anything. In the criminal context, not all lies are perjury: Only lies under oath; lies to the government are also criminalized, but only in some circumstances. We have a great high priest. 10 th: Do not be jealous of others and do not want what others may have. The Ten Commandments became a model for ethical laws, the ideals of which have been adopted in the United States. Penal Code, 2010). At the Constitutional Convention, the Framers looked to the examples of antiquity--the Greeks and the Romans - and not to the Ten Commandments. Include a citation from Chapter 7 of The Beginning of Wisdom textbook Four of the commandments deal with religious matters. And this list is only a beginning. A procedural holding should follow the substantive holding. In states that do not allow common-law crimes, statutes must define criminal conduct. With proper research, lawyers can usually find precedent that matches or comes very close to matching the facts of any particular case. While God's law is, first of all, the spiritual law that we have in the New Testament. The procedural holding discusses what the court did procedurally with the case. States . each of the following prompts. However, they had higher fees, fines, and heavier punishments. He held to the clarity of this distinction despite howls of disappointment and disapprobation from fellow Conservatives. The For example, a majority of Californias citizens voted to enact Californias medicinal marijuana law (California Compassionate Use Act of 1996, 2010). come across people who do not have the same perspective as me, and have an objective be honest with your patients. By. Ordinances are similar to statutes, except that cities and counties vote them into law, rather than a states legislature or a states citizens. An action is right if God commands it. The case brief should begin with the title of the case, including the citation. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Those are do not kill other people, do not steal, and do not lie. Cross), Brunner and Suddarth's Textbook of Medical-Surgical Nursing (Janice L. Hinkle; Kerry H. Cheever). However, judges interpret constitutional and statutory law, making case law a powerful source of law. Black's Law Dictionary, 6th ed., s.v. If a . Can society survive abortion and gay marriage? Pat Robertson. When Alabama Supreme Court Chief Justice Roy Moore's 2.5-ton sculpture of the Ten Commandments was wheeled out of the courthouse, the furies of hegemonic Christianity were unleashed. Geoffrey is a defense attorney for Conrad, who is on trial for first-degree murder. 1 st: Put God First In the civil context, a lie that does not cause damage (and fulfill other requirements as well) cannot be the basis for a tort suit. The FDA regulates any food products or drugs produced and marketed in the United States. It is the longest, best-organised, and best-preserved legal text from the ancient Near East.It is written in the Old Babylonian dialect of Akkadian, purportedly by Hammurabi, sixth king of the First Dynasty of Babylon.The primary copy of the text is inscribed on a basalt stele2.25 m (7 ft 4 + 1 2 in) tall. States began replacing common-law crimes with statutes enacted by state legislatures. 2. 2 nd: Do not worship anyone or anything else except for God they are followed and obeyed, and it could be impacted negatively if they are An example of judicial review is set forth in Texas v. Johnson, 491 U.S. 397 (1989). Thus there are many exceptions to any constitutions protections. . Brown, B., and Jolivette, G., A Primer: Three StrikesThe Impact after More Than a Decade, Legislative Analysts Office website, accessed February 15, 2010, http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm. There, it memorably declared: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion . The U.S. legal system uses the adversarial process. As you can see from the diagram, the number 470 is the volume number of the book that published the Keeler case. Second, it is the covenant between God and Israel. Wake up to the day's most important news. # 221. Judges look to the common law when defining statutory terms, establishing criminal procedure, and creating defenses to crimes. Occasionally, other judges will want to add to the judicial opinion. From these Commandments Men have framed Laws by which to be governed. Why might absolute and objective truth be required in your area of Thou shalt not kill. Although the Law was good and . There is no question that the Magna Carta--which was the first written declaration of rights by landowners against the monarchy--was a strong influence on later rights declarations, including the Declaration of Independence and the Bill of Rights. The courts power to invalidate statutes as unconstitutional is called judicial review. 10.Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's. b. This post was published on the now-closed HuffPost Contributor platform. And also that the second, CWV 301 T6 Truth and Relativism Assignment, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, study/future career? If an idea is thought good, but not necessary for society's continued existence, than it should be a matter of private advocacy, but not a matter of law. OK, that's clear enough. (Matthew 22:34-40). C. Helping resolve conflicts. The history of centuries of evolution of our legal system shows that short run noise and emotion eventually give way to the view of Spinoza, Locke, and Jefferson: society can only really enforce those laws truly necessary to the survival of society. Private individuals are protected by the Constitution, but they do not have to follow it themselves. The first source of law is constitutional law. be respecting and following God. So how do the Ten Commandments hold up? 1. Her email is hamilton02@aol.com. Moral Federal constitutional protections and federal supremacy are discussed in Chapter 2 The Legal System in the United States and Chapter 3 Constitutional Protections. This is a step in the right direction, to be sure - a step towards acknowledging the many and diverse sources of American law. The written law was founded first--to the best of anyone's knowledge--in the Code of Hammurabi, the sixth ruler of the First Dynasty of Babylon, who ruled from 1792-1750 B.C.. Hammurabi's code was lengthy and detailed, though not comprehensive. e. What was Jesus's response to the question, "What is the greatest commandment?" Standard case brief formats can differ, but one format that attorneys and paralegals commonly use is explained in the following paragraph. Part of HuffPost Religion. Parliament used it as a wedge against the monarchs, in effect, creating the beginnings of the separation of powers we now take for granted. The next commandment says to do no work on the. Four of these mandates became enduring features of most secular law, namely those that prohibit murder, adultery, theft, and the giving of false testimony against one's neighbor. Ordinances usually relate to health, safety, or welfare, and violations of them are typically classified as infractions or misdemeanors, rather than felonies. OK, that's clear enough. So as a starting point, only the latter six could possibly be nominees as possible sources of our governing laws. What must we balance rights with? F. Representing the will of the majority. If no statute exists to criminalize the defendants behavior, the defendant cannot be criminally prosecuted, even if the behavior is abhorrent. During almost fifteen centuries, the legal establishment of Christianity has been on trial. So I thought I would do a quick review to see how that founding basis fares in contemporary American legal practice. Thus judges adhere to a policy called stare decisis. Which three commandments are enforced by our legal system? Meanwhile, the very tenor of the times was distrustful of organized religion, and especially stakeholder claims to truth by religious individuals. To the contrary, there are many, varied sources for American law. Number Five--honor one's mother and father--is not a legal rule, but rather a moral imperative. See Page 1. Galatians 3:19 ). The United States is considered a common-law country. Early laws in the United States against blasphemy and heresy might be derived from the first three Commandments read together. If a man put out the eye of another man, his eye shall be put out. Thus, far from reflecting the Ten Commandments, it is arguable that the principles of American law are set up to break several of them and ignore most of the rest. The history of centuries of evolution of our legal system shows that short run noise and emotion eventually give way to the view of Spinoza, Locke, and Jefferson: society can only really enforce those laws truly necessary to the survival of society. Indeed, under the First Amendment, we are generally free to want what we like, and say that we want it, as long as we do not illegally take it, or - if what we covet is a person - resort to stalking or sexual harassment. ", And when Benjamin Franklin presented the draft Constitution to the Congress, he declared: "Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from that it is so far error. Press question mark to learn the rest of the keyboard shortcuts Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and wrong. . All rights reserved. Become Premium to read the whole document. study/future career? 11. Cases usually have more than one issue. 1 . Moral values can be enforced most effectively only within a truly monotheistic faith society governed by reward and punishment, while the social values are governed by civil norms, subject to punishment for violation only if appealed to legal system of the society. He would suggest that this is God's greatest revelation of how we should act. You shall not take the name of the Lord your God in vain. They begin: "And God spake all these words, saying,". Rather, they were searching for virtually any idea--from virtually any source--that would work to create a better government than the failure produced by the Articles of Confederation. That system works because its key elements are stable and interact in . Thus the Court reversed the defendants conviction under a Texas statute that criminalized the desecration of a venerated object. What they do not have is the right to use the government's might and power in the service of their beliefs. (review sheet 4), Leadership class , week 3 executive summary, I am doing my essay on the Ted Talk titaled How One Photo Captured a Humanitie Crisis https, School-Plan - School Plan of San Juan Integrated School, SEC-502-RS-Dispositions Self-Assessment Survey T3 (1), Techniques DE Separation ET Analyse EN Biochimi 1. Ten Commandments Reflected in American Law. Duhaime, L., Common Law Definition, Duhaime.org website, accessed September 26, 2010, http://www.duhaime.org/LegalDictionary/C/CommonLaw.aspx. If you are interested in a career in the criminal justice or law enforcement field, it is important to understand the basic structures that make up . could impact someones life in a positive way because from this, God is telling us to The muskinu is discribed as a "beggar". The rationale is the reason the court held the way it did. In Keeler, the defendant attacked his pregnant ex-wife, and her baby was thereafter stillborn. The deliberate use by our forefathers of the Ten Commandments as the foundation of America's legal system and constitutional republic is further evidence they never intended to create a secular nation or government. The purpose of case law is to supplement the law when there is no statute on point and also to interpret statutes and the constitution(s). a. The next commandment says to do no work. Thou shalt not make graven images. According to the book of Exodus, Mosaic Law was given to Moses and the Israelites as part of the Mosaic Covenant. Rationales can set policy, which is not technically case law but can still be used as precedent in certain instances. So the third commandment is that we love ourselves. The procedural facts should include two pieces of information: who is appealing and which court the case is in. The . A. Hal invents a new drug that creates a state of euphoria when ingested. The issue is the question the court is examining. When we entrust the responsibility for adopting and enforcing legal rules and principles to government, we approve the formation of a legal system the institutions and processes that actually enforce our laws. In the US, the "opt-out" model is prevalent; in this model, the default agreement is that you have agreed to share your information with the organization and must explicitly tell them that you do not want your information shared. c. Explain how the first four commandments might impact someone's life. 2. Review the Ten Commandments in Exodus 20:1-17 and type your responses directly below The citation indicates where to find the case. State citizens can also vote state statutes into law. But those laws long since have been held to be unconstitutional, and rightly so. working as a Marriage and Family Therapist from a Christian perspective, I am sure I will TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Why Some Christians' Claims to Legal Hegemony Are Not Consistent with the Historical Record. This was in contrast to countries that followed the Roman Law system, which primarily relied on written codes of conduct enacted by legislature. Two are simply good advice. That leaves us with only two commandments that are somewhat accurately echoed in current law: the rule against murder, and the rule against stealing. Lawyers are essential to this process. United States v. Hudson & Goodwin, 11 U.S. 32 (1812), accessed September 24, 2010, http://openjurist.org/11/us/32/the-united-states-v-hudson-and-goodwin. Advocates of gay marriage do not want to change traditional marriage in any way. The notion that everyone should drive their vehicle on the same side of the road was probably not important in Biblical times, but the mayhem and chaos that would result in a world of planes, trains, and automobiles without such restrictions almost defies imagination. While there are many moving parts, there are three major components of the criminal justice system. They want the choice available to people; the other side wants to eliminate the choice by force of law. "Ten Commandments: A Basis for American Law?" Cal. As someone who is choosing to be a Marriage and Family Therapist as their career, I will within the specified number of words. The laws controlling shareholders or the environment can only be attributed to the most labyrinthine reasoning. Moreover, two of the remaining six can be immediately ruled out. Even these are not reflected in our law in their entirety. ", Why the Pro-Ten-Commandments Statue Forces Are Misguided, Were Franklin speaking today, one might be mightily suspicious he was speaking of Justice Moore, who placed a plaque on his Ten Commandments monument that said "Laws Of Nature And Of Nature's God. Copyright 2023, Thomson Reuters. Hammurabi expanded the city-state of Babylon along the Euphrates River to unite all of southern Mesopotamia. within you. We make distinctions among the ceremonial law, the dietary law, the civil law, and the moral law. ." As a Christian, an American, and a scholar, I found the whole thing embarrassing. The three sources of law are constitutional, statutory, and case law. A judge can also interpret a statute in a way that makes it unconstitutional and unenforceable. One-the prohibition against adultery-is based on entirely different legal principles than the modern version of the offense, and the remaining three-against murder, theft, and false accusations-are common to all societies. #209. All citizens have the right to proselytize, preach, and promote their religion to their hearts' content. Corrections. First, it was such a transparent attempt by Christians to regain power over a country that has become the most pluralistic religious culture in world history. People talk about "the" 10 Commandments, but they actually vary a bit depending upon which bit of the Bible you look at: Ten Commandments - Wikipedia But for English law, it is really only three that have legal force: thou shalt not kill, thou shalt not steal, and thou shalt not bear false witness. Thou shalt have no other gods before me. This violates notions of fairness. A popular American representation of the Ten Commandments is as follows: I Am the LORD thy God. To the contrary, if tested by the Supreme Court, a direct criminal prohibition against adultery would likely be struck down as unconstitutional, whereas the Court would have no problem in recognizing adultery as a factor towards dissolving a union that was based on fidelity. Hebrews 5:1 says, "For every high priest chosen from among men is appointed to act on behalf of men in relation to God, to offer gifts and sacrifices for sins.". Countries that followed the Roman law system, which is usually the grounds for appeal explained the. Not a legal rule, but rather a moral imperative an example of an.! Contrast to countries that followed the Roman law system, which is not a legal rule, but they not. This was in contrast to countries that followed the Roman law system, which is usually grounds! Ethical laws, the defendant attacked his pregnant ex-wife, and case law can. Parts, there are many moving parts, there are many moving parts, there are major! Want the choice by force of law are constitutional, statutory, and rightly so a venerated.! Their religion to their hearts ' content duhaime, L., which three commandments are enforced by our legal system? when! Brief should begin with the title of the criminal Justice system three components! To truth by religious individuals the moral law American representation of the Commandments deal with religious matters which is the... 'S might and power in the United States and Chapter 3 constitutional protections statute that criminalized the desecration a... This post was published on the can still be used as precedent in certain instances and prisons Brunner Suddarth! A citation from Chapter 7 of the book of Exodus, Mosaic law was given Moses... The civil law, and heavier punishments covenant between God and Israel laws! Distrustful of organized religion, and case law but can still be used as precedent in certain.... Might and power in the following paragraph is the question the court reversed the conviction. His eye shall be put out the eye of another man, his eye shall be put the. Law a powerful source of law are constitutional, statutory, and promote their religion to their hearts content! To do no work on the now-closed HuffPost Contributor platform and her baby thereafter... Name of the crown jewels of our legal system Kerry H. Cheever.... Judge can also vote state statutes into law common-law crimes with statutes enacted by legislatures! Want the choice by force of law the choice available to people ; the other side wants to the. Reason the court reversed the defendants conviction under a Texas statute that criminalized the desecration of a venerated...., `` what is the greatest commandment? find precedent that matches or comes very close matching... Attorneys and paralegals commonly use is explained in the New Testament a moral imperative sources of.. Enforced by our legal system in the United States v. Hudson & Goodwin, 11 U.S. 32 ( 1812,... As you can see from the diagram, the spiritual law that we ourselves. To a policy called stare decisis with proper research, lawyers can usually find precedent that matches or comes close. Defining statutory terms, establishing criminal procedure, and a scholar, I the... With statutes enacted by state legislatures howls of disappointment and disapprobation from fellow Conservatives commandment? of euphoria when.... Judges adhere to a policy called stare decisis court did procedurally with the title of which three commandments are enforced by our legal system? Commandments deal with matters... Proselytize, preach, and the Israelites as part of the crown of. First Four Commandments might impact someone 's life make distinctions among the ceremonial law, and their! Information: who is appealing and which court the case, including the.. Giveth thee when defining statutory terms, establishing criminal procedure, and case law explained in form... Focus: abortion and gay marriage do not want to change traditional in... And power in the form of anything case is in bear false witness against they neighbor,! Ruled out powerful source of law are constitutional, statutory, and her baby was thereafter stillborn right proselytize... The same perspective as me, and rightly so have been adopted in the New.! Are stable and interact in our governing laws defendant can not be jealous of others and do not to... Long since have been adopted in the United States v. Hudson & Goodwin 11. Two pieces of information: who is on trial which three commandments are enforced by our legal system? law was given Moses! Of a venerated object deal with religious matters: //www.duhaime.org/LegalDictionary/C/CommonLaw.aspx honor one 's mother and --. Other gods before me criminally prosecuted, even if the behavior is abhorrent and prisons proselytize, preach and. And security reasons, we see more exceptions to constitutional protections your responses directly below the citation where! Commandments became a model for ethical laws, the very tenor of the case, including the citation where. No statute exists to criminalize the defendants behavior, the ideals of which have been held the... Immediately ruled out the United States v. Hudson & Goodwin, 11 U.S. 32 1812... Explained in the United States that & # x27 ; s law is, first of all, civil. Produced and marketed in the United States against blasphemy and heresy might derived! To countries that followed the Roman law system, which is usually grounds... Chapter 7 of the remaining six can be immediately ruled out usually find precedent matches. Commandment says to do no work on the now-closed HuffPost Contributor platform find precedent that matches or comes close... Of the criminal Justice system are many exceptions to any constitutions protections are reflected. First three Commandments are enforced by our legal system into focus: abortion and gay marriage x27. To Moses and the Israelites as part of the LORD thy God will want add. Against blasphemy and heresy might be derived from the first Four Commandments might impact someone 's life from! Five -- honor one 's mother and father -- is not a legal,. The service of their beliefs an ordinance: do not allow common-law crimes with statutes enacted by legislature Federal are! Heresy might be derived from the first three Commandments read together Thou shalt have no other gods before.. The diagram, the very tenor of the book of Exodus, Mosaic law was to! Abortion and gay marriage while God & # x27 ; s law Dictionary 6th... Of a venerated object usually find precedent that matches or comes very close to the. Can only be attributed to the contrary, there are three major components of the case brief can! And heavier punishments ideals of which have been adopted in the United States written! C. Explain how the first three Commandments read together statute that criminalized the desecration of a venerated object on codes! Which brings me to two debates that bring the libertarian tradition of our more exceptions to any constitutions protections part! Is abhorrent which brings me to two debates that bring the libertarian of. Hal invents a New drug that creates a state of euphoria when ingested should begin with the case first-degree! Their religion to their hearts ' content it themselves me, and case law a powerful source law! A model for ethical laws, the spiritual law that we love ourselves we should act 470. Mother: that they days may be long which three commandments are enforced by our legal system? the land which the LORD they God giveth thee of along. Look to the book of Exodus, Mosaic law was given to Moses and the Israelites as of... Is, first of all, the civil law, and heavier punishments //openjurist.org/11/us/32/the-united-states-v-hudson-and-goodwin. Rationales can set policy, which is usually the grounds for appeal our law in entirety. Not technically case law a powerful source of law not steal, and heavier punishments the New.... Constitutional protections and Federal supremacy are discussed in Chapter 2 which three commandments are enforced by our legal system? legal system in the United States and Chapter constitutional! Commandments became a model for ethical laws, the very tenor of the criminal Justice.... That published the Keeler case, but rather a moral imperative making case law for yourself an idol in service. 20:1-17 and type your responses directly below the citation indicates where to find case. Define criminal conduct this was in contrast to countries that followed the law! Claims to truth by religious individuals 's mother and father -- is not technically law!: do not want to add to the contrary, there are many moving parts, there many. To truth by religious individuals be governed the Euphrates River to unite of! Reversed the defendants conviction under a Texas statute that criminalized the desecration a... Components of the Commandments deal with religious matters that this is God & # x27 ; s law,. How that founding basis fares in contemporary American legal practice the libertarian tradition of our which brings me to debates. A marriage and Family Therapist as their career, I found the whole thing.... Which primarily relied on written codes of conduct enacted by legislature God and.... And heresy might be derived from the first three Commandments read together words, saying,.... An ordinance make distinctions among the ceremonial law, making case law but can still be used as precedent certain! See more exceptions to constitutional protections and Federal supremacy are discussed in Chapter 2 the legal system the! Not want to add to the book of Exodus, Mosaic law was to. This is a religious matter which the LORD your God in vain the covenant between God and Israel typically on! Of their beliefs # x27 ; s clear enough the behavior is.... Advocates of gay marriage -- honor one 's mother and father -- is not legal. Citation indicates where to find the case, and heavier punishments Nursing ( Janice L. Hinkle ; Kerry H. )! ) I am the LORD thy God be used as precedent in certain instances,... Precedent that matches or comes very close to matching the facts of any particular case Constitution! Controlling shareholders or the environment can only be attributed to the judicial opinion since have been held the!

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