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In the first place, it is not improper to observe, that the law of cases of necessity is not likely to be well furnished with precise rules; necessity creates the law, it supersedes rules; and whatever is reasonable and just in such cases, is likewise legal; it is not to be considered as matter of surprise, therefore, if much instituted rule is not to be found on such subjects.
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The Gratitudine (18 December 1801); as published in Reports of Cases Argued and Determined in the High Court of Admiralty, Commencing with the Judgments of the Right Hon. Sir William Scott, Michaelmas Term, 1798, Vol. III (1802), p. 266

 

William Scott Stowell

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Pedantry and mastery are opposite attitudes toward rules. To apply a rule to the letter, rigidly, unquestioningly, in cases where it fits and in cases where it does not fit, is pedantry. ... To apply a rule with natural ease, with judgment, noticing the cases where it fits, and without ever letting the words of the rule obscure the purpose of the action or the opportunities of the situation, is mastery.

 

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