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RaDical MiDDle - ColdType

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18<br />

courtrooms<br />

Radical Middle | 193<br />

I am happy to assure you that nasciturus pro iam nato<br />

habetur, quotiens de commodis eius agitur. Which is to say that<br />

a foetus may be treated as a living person provided that it is<br />

subsequently born alive.<br />

This is a neat principle of inheritance law and a neater example<br />

of law-student knowledge. real lawyers get flabbergasted when<br />

I quote them nasciturus. They have been doing real law; they<br />

forgot nasciturus 20 minutes after the exam. Defected lawgraduates<br />

like me remember their nascituruses forever but<br />

can’t read a summons.<br />

Buthelezi won his judgment in the Natal Supreme court. I<br />

couldn’t believe it. To me this was naked travesty, open and<br />

shut. I had to appeal. To leave it there was no option.<br />

I was also with hindsight shocked to learn how much<br />

sleepwalking I’d been doing. My nasciturusy mind had failed<br />

to imbibe how a plea of justification – that is, “it wasn’t wrong<br />

to say they’re thugs, because they are thugs” – deepened my

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