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This is to be compared to the legislative process, a comparison I make elsewhere.
Before getting into the specifics of the common law, let me first set forth a small speech given in 1875 by an obscure judge. The name of the judge was The Honourable Joseph Neilson, Chief Justice of the City Court of Brooklyn. He gave this address at some sort of a gathering, (not in a court, I don't think). The publisher of the book2 in which I discovered this short speech, entitled it "The Growth of Principles."
"At the sea shore you pick up a pebble, fashioned after a law of nature, in the exact form that best resists pressure, and worn as smooth as glass...
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