It was influenced by his
knowledge of Roman legal concepts, such as res judicata, and by
his own opinions, such as that the law should go from precedent to
precedent. He also argued that the will and intent to injure was
the essence of murder, so that neither an infant nor a madman
should be held liable for such and that degrees of punishment
should vary with the level of moral guilt in a killing. He thought
the deodand to be unreasonable.
Bracton defines the requirements of a valid and effective gift as:
"It must be complete and absolute, free and uncoerced, extorted
neither by fear nor through force. Let money or service play no
part, lest it fall into the category of purchase and sale, for if
money is involved there will then be a sale, and if service, the
remuneration for it. If a gift is to be valid the donor must be of
full age, for if a minor makes a gift it will be ineffective since
(if he so wishes) it shall be returned to him in its entirety when
he reaches full age. Also let the donor hold in his own name and
not another's, otherwise his gift may be revoked. And let him, at
the least, be of sound mind and good memory, though an invalid,
ill and on his death bed, for a gift make under such conditions
will be good if all the other [requirements] of a valid gift are
met. For no one, provided he is of good memory, ought to be kept
from the administration or disposition of his own property when
affected by infirmity, since it is only then that he must make
provision for his family, his household and relations, given
stipends and settle his bequests; otherwise such persons might
suffer damage without fault.
Pages:
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326