Hence, rules which have no exceptions grow progressively rarer, and
wherever a single exception is discovered the rule can no longer be held
as normative. Thus, before New Holland was discovered, all swans were
supposed to be white, all mammals incapable of laying eggs; now we know
that there are black swans and that the duck-bill lays eggs. Who would
have dared to assert before the discovery of the X-ray that light can
penetrate wood, and who, especially, has dared to make generalizations
with regard to the great inventions of our time which were not
afterwards contradicted by the facts? It may be that the time is not too
far away in which great, tenable and unexceptionable principles may be
posited, but the present tendency is to beware of generalizations, even
so far as to regard it a sign of scientific insight when the composition
of generally valid propositions is made with great caution. In this
regard the great physicians of our time are excellent examples. They
hold: “whether the phenomenon A is caused by B we do not know, but
nobody has ever yet seen a case of A in which the precedence of B could
not be demonstrated.” Our experts should take the same attitude in most
cases. It might be more uncomfortable for us, but certainly will be
safer; for if they do not take that attitude we are in duty bound to
presuppose in our conclusions that they have taken it. Only in this
wise, by protecting ourselves against apparently exceptionless general
rules, can our work be safely carried on.
This becomes especially our duty where, believing ourselves to have
discovered some generally valid rule, we are compelled to draw
conclusions without the assistance of experts. How often have we
depended upon our understanding and our “correct” a priori method of
inference, where that was only experience,--and such poor experience! We
lawyers have not yet brought our science so far as to be able to make
use of the experience of our comrades with material they have reviewed
and defined in writing. We have bothered a great deal about the
exposition of some legal difficulty, the definition of some judicial
concept, but we have received little instruction or tradition concerning
mankind and its passions. Hence, each one has to depend on his own
experience, and that is supposed to be considerable if it has a score
of years to its back, and is somewhat supplemented by the experience, of
others. In this regard there are no indubitable rules; everybody must
tell himself, “I have perhaps never experienced this fact, but it may be
that a thousand other people have seen it, and seen it in a thousand
different ways. How then, and whence, my right to exclude every
exception?”
Public-domain text, read in full here on John Shaqi.
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