Necessity

Whatever in itself is not lawful, necessity makes lawful; and necessity induces a privilege as regards private rights.

Quicquid per se non est licitum, necessitate fit licitum; et necessitas inducit privilegium quoad jura privata.

Source: 2 Inst. 564

Under the monarchy, necessity was declared by the Crown and accepted without question. In the American system, necessity does not suspend due process of law — even genuine emergency must pass through judicial review, and no claim of necessity can permanently destroy a reserved right of the People without due process of law.

Impossibility is an excuse in law.

Impotentia excusat legem.

Source: Co. Litt. 29b; Broom, Max. 223; Weisman, 44o

Where performance is genuinely impossible, the law excuses — but the impossibility must be objective, not self-created.

Necessity has no law.

Necessitas non habet legem.

Source: Plowd. 18a; Broom, Max. 17; Hob. 144

Where genuine necessity compels, the strict letter of the law yields — but the necessity must be real and present, not speculative or manufactured.

A good thing required by necessity is not good beyond the limits of the necessity.

Bonum necessarium extra terminos necessitatis non est bonum.

Source: Hob. 144; Weisman, 83a

The exception carved by necessity extends only as far as the necessity itself — once the emergency passes, the ordinary law resumes its full authority.

Necessity makes that lawful which otherwise is not lawful.

Necessitas facit licitum quod alias non est licitum.

Source: 10 Co. 61; 2 Inst. 326; Fleta, lib. 5, c. 23, s. 14; Weisman, 83c

An act that would ordinarily be unlawful may be justified by true necessity — but the actor bears the burden of proving the necessity was genuine and the response proportionate.

Nothing is more just than that which is necessary.

Nihil tam justum est quam quod necessarium est.

Source: Dav. Ir. K.B. 12; Branch, Princ.; Weisman, 83e

Justice and necessity converge — when the law recognizes a true need, meeting that need is itself an act of justice.