This simple example may be generalized into a golden rule for lawyers
and requires them to test the effect of any force on the accused at an
earlier time in the latter’s life or in other cases,--i.e., the early
life of the latter can never be studied with sufficient care. This study
is of especial importance when the question is one of determining the
culpability of the accused with regard to a certain crime. We have then
to ask whether he had the motive in question, or whether the crime could
have been of interest to him. In this investigation the problem of the
necessary intensity of the influence in question need not, for the time,
be considered; only its presence needs to be determined. That it may
have disappeared without any demonstrable special reason is not
supposable, for inclinations, qualities, and passions are rarely lost;
they need not become obvious so long as opportunity and stimulus are
absent, and they may be in some degree suppressed, but they manifest
themselves as soon as--Schopenhauer’s twenty-five or fifty dollars
appear. The problem is most difficult when it requires the conversion of
certain related properties, e.g., when the problem is one of suspecting
a person of murderous inclination, and all that can be shown in his
past life is the maltreatment of animals. Or again, when cruelty has to
be shown and all that is established is great sensuality. Or when there
is no doubt about cruelty and the problem is one of supposing intense
avarice. These questions of conversion are not especially difficult, but
when it must be explained to what such qualities as very exquisite
egoism, declared envy, abnormal desire for honor, exaggerated conceit,
and great idleness may lead to, the problem requires great caution and
intensive study.
Section 25. (c) Skepticism.
Hume’s skepticism is directly connected with the subject of the
preceding chapter, but wants still a few words for itself. Though it is
not the lawyer’s problem to take an attitude with regard to
philosophical skepticism, his work becomes essentially easier through
the study of Hume’s doctrines.
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