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Explanations (to the Table)(e) [Necessary]
(f) [Unavoidable]
These terms, together
with the kindred terms
practicable and impracticable,
being apt
to be used indiscriminately promiscuously
and the promiscuous
use of them
without the requisite
distinctions being a
source of confusion
misconception and
(as will be seen) practical error, explanation
seemed at
on this occasion altogether
indispensable.
The more apposite word
is necessary. this This
is sometimes applied
sometimes to the case of physical,
sometimes to the case
of merely prudential
necessity — a distinction
correspondent to
that distinction between physical
and prudential practicability
and impracticability,
which is so
many occasions besides this is so apt to be confounded
overlooked, but which
on every
occasion in which a
man wishes to be understood,
is so necessary
[prudentially necessary]
to be kept in mind.
Where any result is
physically necessary,
the opposite result is
physically impracticable
which is as much as
to say physically impossible.
When any result is not
physically necessary,
the opposite result is
not physically impracticable:
it is or at least
may might be, physically
practicable.
Where any act (human
act is) prudentially necessary,
the opposite act is prudentially
impracticable,
of this In the case of
judicial procedure, if
wherever I speak of an
act as prudentially impracticable,
I mean
not practicable without
preponderant inconvenience:
viz: in respect of
some other or others among
the ends of justice:
inconveniences, in
the shape of misdecision,
failure of justice, delay,
vexation and or expence:
expence all which may be present or remote, certain
or contingent.
Unavoidable (when distinctly understood) is as much
as to say that of which
the avoidance is impracticable:
which meaning
though without any information
of the difference;
either in the physical
or in the prudential sense,
as above distinguished.
Unavoidable, being
somewhat looser in its
signification than the
words necessary and
impracticable — being
less a immediately susceptible
of the important
distinction between physical
and prudential —
in part perhaps, on that account;
as being better suited,
been apt to be applied to the purpose of deception.
[See Ch. Table IV]
Dispatch is the negation or opposite
of unnecessary delay.
Whatever be
the standard or ordinary
quantity taken for a
standard of reference,
in the case of greater
the physical impracticability
of greater dispatch,
the propriety of
the delay — the prudentiality
of it —
giving attention admission to it —
is not susceptible of
dispatch.
In the case of alledged
prudential impracticability,
the propriety of
the delay will frequently
be open to dispatch: whereupon in
the said of Table which case, the ground of the
dispatch, the ground, if
it be the proper ground,
will be a comparative
estimate of the mass of
inconvenience on each
side, for the portion of
uncertainty which is
preponderant, as above.
In any case, unless
the propriety of the actual
or proposed quantity
of delay be estimated
upon this principle,
superabundant and
factitious delay may
to any amount fixed
reserve a sort of verbal
justification and fallacious
justification, by
an from the loose application
of some such
attribute as unavoidable.
[See Ch. Table IV.]
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Identifier: | JB/122/047/002 "JB/" can not be assigned to a declared number type with value 122.
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1807-07-14 |
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122 |
Panopticon |
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047 |
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002 |
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Correspondence |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D1 |
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Letter 1929, vol. 7 |
002 |
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