RSK 2

animals and inanimate ohiects, ha\e a 'soul' and are therefore hasi eall\- not different from human beings. ft \ Ill The Last Best Cdiance is a legal de\ iee. It is an official creation, whether of the church or state, not oh\ iously a creation of indix iduals that is then acquiesced in hv the state. " d'he purpose is to resolve hv legal process in some indirect wav a pressing problem that cannot he coped w ith directh’ h\’ law. It alwax s invokes an abuse ot the laxv though I hesitate to suggest had faith in the inx ention or use of d'he Last Best Cdiance. 'The Last Best Cdiance inxolx es a dex iation from established principle or accepted practice in laxv: derogation from accepted standards of ex idence, such as txvo e\ e-xvitnesses for proof of adulterx’ in biblical laxx, or breach ot the unix ersal standard in Roman prix ate laxv that a judicial axvard xvas alxvax s monetarx'. d'x picallx, but not inex itably, Lhe Last Best Cdiance appears at an intersection ot laxx and religion. Lhen religion max’ also he abused. I'romthe outsider's perspectix e there is also alxvax s some absence ot rationalitx’. But xvhat is rational or an abuse is culturally determined, rhe existence of other abuses in laxv or religion in the societx' does n<xt indicate cx nicism in the use ot 'Lhe Last Best Chance, for T'he l.ast Best Cdiance to be appropriatelx' used there must both be proper solemnitx’ and degree of taith in its poxver. It is important for comparatix e legal historians to be on the xvatch for The Last Best Cdiance otherxvise the\- xvill make serious mistakes about the faith patterns and credulitx' (xf the people xvhose laxv they studx', and about the relationship hetxveen laxx, religion, and societx’. 52 p. 31. 53 As at Rome were manumission censu and vindicta. 146

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