The frequency of mistakes like those just mentioned is well known. They
affect history. Even La Rochefoucauld was of the opinion that the great
and splendid deeds which are presented by statesmen as the outcome of
far-reaching plans are, as a rule, merely the result of inclination and
passion. This opinion concerns the lawyer’s task also, for the lawyer is
almost always trying to discover the moving, great, and unified plan of
each crime, and in order to sustain such a notion, prefers to perfect a
large and difficult theoretic construction, rather than to suppose that
there never was a plan, but that the whole crime sprang from accident,
inclination, and sudden impulse. The easiest victims in this respect are
the most logical and systematic lawyers; they merely presuppose, “I
would not have done this” and forget that the criminal was not at all so
logical and systematic, that he did not even work according to plan, but
simply followed straying impulses.
Moreover, a man may have determined his causal connections correctly,
yet have omitted many things, or finally have made a voluntary stop at
some point in his work, or may have carried the causal chain
unnecessarily far. This possibility has been made especially clear by J.
S. Mill, who showed that the immediately preceding condition is never
taken as cause. When we throw a stone into the water we call the cause
of its sinking its gravity, and not the fact that it has been thrown
into the water. So again, when a man falls down stairs and breaks his
foot, in the story of the fall the law of gravity is not mentioned; it
is taken for granted. When the matter is not so clear as in the
preceding examples, such facts are often the cause of important
misunderstandings. In the first case, where the immediately preceding
condition is _not_ mentioned, it is the inaccuracy of the expression
that is at fault, for we see that at least in scientific form, the
efficient cause is always the immediately preceding condition. So the
physician says, “The cause of death was congestion of the brain in
consequence of pressure resulting from extravasation of the blood.” And
he indicates only in the second line that the latter event resulted from
a blow on the head. In a similar manner the physicist says that the
board was sprung as a consequence of the uneven tension of the fibers;
he adds only later that this resulted from the warmth, which again is
the consequence of the direct sunlight that fell on the board. Now the
layman had in both cases omitted the proximate causes and would have
said in case 1, “The man died because he was beaten on the head,” and in
case 2, “The board was sprung because it lay in the sun.” We have,
therefore, to agree to the surprising fact that the layman skips more
intermediaries than the professional, but only because either he is
ignorant of or ignores the intervening conditions. Hence, he is also in
greater danger of making a mistake through omission.
Public-domain text, read in full here on John Shaqi.
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