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The necessity of casuistry might, in fact, be deduced from the very origin, and genesis of the word. First came the general law or rule of action. This was like the major proposition of a syllogism. But next came a special instance or case, so stated as to indicate whether it did or did not fall under the general rule. This, again, was exactly the minor proposition in a syllogism. For example, in logic we say, as the major proposition in a syllogism, Man is mortal. This is the rule. And then ‘subsuming’ (such is the technical phrase–subsuming) Socrates under the rule by a minor proposition–viz. Socrates is a man–we are able mediately to connect him with the predicate of that rule, viz, ergo, Socrates is mortal.[Footnote: The ludicrous blunder of Reid (as first published by Lord Kames in his Sketches), and of countless others, through the last seventy or eighty years, in their critiques on the logic of Aristotle, has been to imagine that such illustrations of syllogism as these were meant for specimens of what syllogism could perform. What an elaborate machinery, it was said, for bringing out the merest self-evident truisms! But just as reasonably it might have been objected, when a mathematician illustrated the process of addition by saying 3+4=7, Behold what pompous nothings! These Aristotelian illustrations were purposely drawn from cases not open to dispute, and simply as exemplifications of the meaning: they were intentionally self-evident.] Precisely upon this model arose casuistry. A general rule, or major proposition, was laid down–suppose that he who killed any human being, except under the palliations X, Y, Z, was a murderer. Then in a minor proposition, the special case of the suicide was considered. It was affirmed, or it was denied, that his case fell under some one of the palliations assigned. And then, finally, accordingly to the negative or affirmative shape of this minor proposition, it was argued, in the conclusion, that the suicide was or was not, a murderer. Out of these cases, i.e. oblique deflexions from the universal rule (which is also the grammarian’s sense of the word case) arose casuistry.

After morality has done its very utmost in clearing up the grounds upon which it rests its decisions–after it has multiplied its rules to any possible point of circumstantiality–there will always continue to arise cases without end, in the shifting combinations of human action, about which a question will remain whether they do or do not fall under any of these rules. And the best way for seeing this truth illustrated on a broad scale, the shortest way and the most decisive is–to point our attention to one striking fact, viz. that all law, as it exists in every civilized land, is nothing but casuistry. Simply because new cases are for ever arising to raise new doubts whether they do or do not fall under the rule of law, therefore it is that law is so inexhaustible. The law terminates a dispute for the present by a decision of a court, (which constitutes our ‘common law,’) or by an express act of the legislature, (which constitutes our ‘statute law.’) For a month or two matters flow on smoothly. But then comes a new case, not contemplated or not verbally provided for in the previous rule. It is varied by some feature of difference. The feature, it is suspected, makes no essential difference: substantially it may be the old case. Ay–but that is the very point to be decided. And so arises a fresh suit at law, and a fresh decision. For example, after many a decision and many a statute, (all arising out of cases supervening upon cases,) suppose that great subdivision of jurisprudence called the Bankrupt Laws to have been gradually matured. It has been settled, suppose, that he who exercises a trade, and no other whatsoever, shall be entitled to the benefit of the bankrupt laws. So far is fixed: and people vainly imagine that at length a station of rest is reached, and that in this direction at least, the onward march of law is barred. Not at all. Suddenly a schoolmaster becomes insolvent, and attempts to avail himself of privileges as a technical bankrupt. But then arises a resistance on the part of those who are interested in resisting: and the question is raised–Whether the calling of a schoolmaster can be legally considered a trade? This also is settled: it is solemnly determined that a schoolmaster is a tradesman. But next arises a case, in which, from peculiar variation of the circumstances, it is doubtful whether the teacher can technically be considered a schoolmaster. Suppose that case settled: a schoolmaster, sub-distinguished as an X Y schoolmaster, is adjudged to come within the meaning of the law. But scarcely is this sub-variety disposed of, than up rises some decomplex case, which is a sub-variety of this sub-variety: and so on for ever.