, it is right to consider which law
comprehends the entire class of subjects to which it refers, and which
embraces only a part of the question; which may be applied generally
to many classes of questions, and which appears to have been framed to
apply to some special subject. For that which has been drawn up with
reference to some particular division of a subject, or for some
special purpose, appears to come nearer to the subject under
discussion, and to have more immediate connexion with the present
action. Then arises the question, which is the thing which according
to the law must be done immediately; which will admit of some delay or
slackness in the execution. For it is right that that should be done
first which must be done immediately. In the next place, it is well to
take pains that the law one is advocating shall appear to depend on
its own precise language; and that the law with a contrary sense
should appear to be introduced with a doubtful interpretation, or by
some ratiocination or definition, in order that that law which is
expressed in plain language may appear to be the more solemn and
efficient. After that it will be well to add the meaning of the law
which is on one's own side according to the strict letter of it; and
also to explain the opposite law so as to make it appear to have
another meaning, in order that, if possible, they may not seem to be
inconsistent with one another. And, last of all, it will be a good
thing, if the cause shall afford any opportunity for so doing, to take
care that on our principles both the laws may seem to be upheld, but
that on the principle contended for by our adversaries one of them
must be put aside. It will be well also to consider all the common
topics and those which the cause itself furnishes, and to take them
from the most highly esteemed divisions of the subjects of expediency
and honour, showing by means of amplification which law it is most
desirable to adhere to.
L. From ratiocination there arises a controversy when, from what
is written somewhere or other, one arrives at what is not written
anywhere; in this way:--"If a man is mad, let those of his family and
his next of kin have the regulation of himself and of his property."
And there is another law--"In whatever manner a head of a family has
made his will respecting his family and his property, so let it be."
And another law--"If a head of a family dies intestate, his family
and property shall belong
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