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Reason
Reason
Politics
Josh Blackman

FOUND: Cancelling henry de bracton - You Need To See This

Justice Alito's draft opinion cited Henry de Bracton, a thirteenth century English jurist.

Henry de Bracton's 13th-century treatise explained that if a person has "struck a pregnant woman, or has given her poison, whereby he has caused an abortion, if the foetus be already formed and animated, and particularly if it be animated, he commits homicide." H. Bracton, De Legibus et Consuetudinibus Angliae 279 (T. Twiss ed. 1879); see also 1 Fleta ch. 20, reprinted in 53 Selden Soc'y 60-61 (H.G. Richardson & G.O Sayles eds. 1953)

You may have thought to yourself, who is Bracton? Think back to 1L. Remember Pierson v. Post (1805), the famous fox case? Both the majority and dissent in that classic case cite Bracton. Judge Tompkins's majority opinion explains that Bracton was in agreement with the Institutes of Justinian. (If you don't know who Justinian is, say Richard Epstein three times and he will appear like Beetlejuice.)

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