they tool iiuisc he dealt with, hut it cannot he soKed directU’. riiey do the best tliev can. It is not a coincidence that niy examples to this point all iinoKe religion, rhere is nothing so reasonahle as one's own religion, nothing so irrational-seeming as another's religion, rhese two opposing perspecti\ es on religion must he stressed for an understanding of d he Last Best Cdiance. Of the examples looked at so far, the most apparenth’ rational instance is that of the Roman legal oath. The explanation for that, 1 think, is that it is the one least ohviousU' based on religion. More than that, unlike the Israelite curse and the medie\ al ordeal, it does not call upon a deitv to inter\ ene direeth’ in human affairs. I shoidd not he thought to he suggesting that The Last Best (diance in law always iinohes religion. Purely secular dodges would include the fictions of Ihtglish common law such as those to found jurisdiction, .\nother example from medie\ al Ihigiand would he common reco\ er\' which in effect barred unbarrahle entails." But when The Last Best Chance is pureK secular in its nature this is readily apparent. Indeed, there is a crucial difference between I'he Last Best Cdiance that is purely secular and Lhe Last Best Cdiance that has a basis in religion, l or tlie former the fact of I'he Last Best (diance ma\’ he apparent to all and known to all. for I'he Last Best Cdiance with a basis in religion some degree of faith is needed on the part of some of those in\ ()lyed e\ en if onl\’ as spectators. In fact, when The Last Best (diance is found in secular law it is usualh’ \ery close to being Lhe Second Best that does not imoKe I'he Last Best Cdiance. 39 See, e.g., A.W.B. Simpson, A History of the Land Law, 2d edit. (Oxford, 1986), pp. i29ff. 141
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