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The matter and questions
That is the subject of a Law Deliberatable,
of which at the same time that from the
nature of it a man may have certain
inducements to conclude that it must be
the subject of legal regulation, he has
time to consult those legal regulations whatsoever
they be, between the time knowledge
of the occasion to determine himself to action
or forbearance, & the time itself for
such action or forbearance
The matter in question is the subject of Law
Impromptuary, when either the person has
no certain manifest inducements to conclude that it
must be the subject of legal regulation, or
when he has no sufficient time to consult
such regulations between the occasion which
calls for action or forbearance a certain conduct & the time
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within which such conduct must be assumed,
so as that the ill consequences whatever they
may be of not assuming it, shall be avoided.
A Law is Deliberatable when the energy
to be governed by the Law can wait the
time necessary for the turning to the written
instrument in which it is deposited.
To perform or abstain from something according to the prescription of the Law
A Law
of this sort has no occasion to be lodged in
the memory.
A Law Impromptuary must be kept
lodged in the memory: a man must not only know
of it but know it (2 very different
points of knowledge) and that at the very instant(in
many cases) where the occasion temptation occursmay occur (that is
in many instances at every instant of his
life, or it signifies nothing.
One case of a Law deliberatable is where the
time for action depends upon the pleasure of the
party himself: this is that of certain contracts
as of Marriage Settlements.
Partic. Codes. Laws Deliberatable x Impromptuary
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In Laws Impromptuary, Precision, with
the degree of amplitude necessary to raise them
to the highest degree of precision, must give
way to precision. In Deliberatable,
Brevity may be sacrificed to Precision.
If in the former, in straining at amplitude,
Brevity be violated to a certain length, the
purpose of the whole is frustrated. In
the latter, so there be a luculent method to
guide the mind in every instance to the
point of which it is in search, the collection of details,
so as consistency be preserved, and tautologies
and Battologies be avoided, can hardly
be too ample.full
Laws Impromptuary a man must carry
in his head, because the occasion which
calls upon him to act in conformity to them
comes without warning — according as he
pursues this or that and not, such & such
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from the disposition of the Law will be his fate.
He must then know that disposition: but if the
necessity of taking a part admitts not
of any respite, the Law if not known beforehand,
is just to him as if it were not
to be known at all.
<p> As to Deliberatable, it is sufficient if
they be kept where he can have recourse.
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Laws Impromptuary are such as relate
to situation which are transitorycontinuous, and evanescent
which are sudden and come unawares
which are not expected till they supervene.
Laws Impromptuary are such as prohibit
info inform permitt or regulate acts, the nature
of which is, for the motive or the physical opportunity
of performing them to come unawares,
without warning, or with a warning not long beforehand
enough to giveleave time for the perusal of the Laws
Of course, by Laws Deliberatable are to be understood,
Laws, the action of which is for both the motive and
the physical opportunity to precede the acts which they
concern to precede the necessity for last acting at such a
distance as leaves room for that deliberation which
it is the nature of Laws Impromptuary to exclude.
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