According to these, all we know and infer, in so far as it is
unmathematical, results from experience, and our conviction of it and
our reasoning about it, means by which we pass the bounds of
sense-perception, depend on sensation, memory and inference from
causation. Our knowledge of the relation of cause and effect results
also from experience, and the doctrine, applied to the work of the
criminalist, may be formulated as follows: “Whatever we take as true is
not an intellectual deduction, but an empirical proposition.” In other
words, our presuppositions and inferential knowledge depend only upon
those innumerable repetitions of events from which we postulate that the
event recurred in the place in question. This sets us the problem of
determining whether the similar cases with which we compare the present
one really are similar and if they are known in sufficiently large
numbers to exclude everything else.
Consider a simple example. Suppose somebody who had traveled all through
Europe, but had never seen or heard of a negro, thought about the
pigmentation of human beings: neither all his thinking nor the
assistance of all possible scientific means can lead him to the
conclusion that there are also black people--that fact he can only
discover, not think out. If he depends only on experience, he must
conclude from the millions of examples he has observed that all human
beings are white. His mistake consists in the fact that the immense
number of people he has seen belong to the inhabitants of a single zone,
and that he has _failed to observe_ the inhabitants of other regions.
In our own cases we need no examples, for I know of no inference which
was not made in the following fashion: “The situation was so in a
hundred cases, it must be so in this case.” We rarely ask whether we
know enough examples, whether they were the correct ones, and whether
they were exhaustive. It will be no mistake to assert that we lawyers do
this more or less consciously on the supposition that we have an immense
collection of suggestive a priori inferences which the human
understanding has brought together for thousands of years, and hence
believe them to be indubitably certain. If we recognize that all these
presuppositions are compounds of experience, and that every experience
may finally show itself to be deceptive and false; if we recognize how
the actual progress of human knowledge consists in the addition of one
hundred new experiences to a thousand old ones, and if we recognize that
many of the new ones contradict the old ones: if we recognize the
consequence that there is no reason for the mathematical deduction from
the first to the hundred-and-first case, we shall make fewer mistakes
and do less harm. In this regard, Hume[135] is very illuminative.
Public-domain text, read in full here on John Shaqi.
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