Inasmuch as the question deals only with the scarcity of correct
knowledge of proximate causes, we shall set aside the fact that lawyers
themselves make such mistakes, which may be avoided only by careful
self-training and cautious attention to one’s own thoughts. But we have
at the same time to recognize how important the matter is when we
receive long series of inferences from witnesses who give expression
only to the first and the last deduction. If we do not then examine and
investigate the intermediary links and their justification, we deserve
to hear extravagant things, and what is worse, to make them, as we do,
the foundation of further inference. And once this is done no man can
discover where the mistake lies.
If again an inference is omitted as self-evident (cf. the case of
gravity, in falling down stairs) the source of error and the difficulty
lies in the fact that, on the one hand, not everything is as
self-evident as it seems; on the other, that two people rarely
understand the same thing by “self-evident,” so that what is
self-evident to one is far from so to the other. This difference becomes
especially clear when a lawyer examines professional people who can
imagine offhand what is in no sense self-evident to persons in other
walks of life. I might cite out of my own experience, that the physicist
Boltzmann, one of the foremost of living mathematicians, was told once
upon a time that his demonstrations were not sufficiently detailed to be
intelligible to his class of non-professionals, so that his hearers
could not follow him. As a result, he carefully counted the simplest
additions or interpolations on the blackboard, but at the same time
integrated them, etc., in his head, a thing which very few people on
earth can do. It was simply an off-hand matter for this genius to do
that which ungenial mortals can not.
This appears in a small way in every second criminal case. We have only
to substitute the professionals who appear as witnesses. Suppose, e.g.,
that a hunter is giving testimony. He will omit to state a group of
correlations; with regard to things which are involved in his trade, he
will reach his conclusion with a single jump. Then we reach the fatal
circle that the witness supposes that we can follow him and his
deductions, and are able to call his attention to any significant error,
while we, on the other hand, depend on his professional knowledge, and
agree to his leaping inferences and allow his conclusions to pass as
valid without knowing or being able to test them.
Public-domain text, read in full here on John Shaqi.
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