any accompanying insignificant pain or any pleasure will be barely felt,
just as the horses who drag a very heavy wagon will not notice whether
the driver walking beside them adds his coat to the load (cf. Weber’s
law). Hence, when we criminalists study a difficult case with regard to
the question of proof, there are two things to do in order to test the
premises for correctness according to the standards of our other
experiences, and to draw logically correct inferences from these
premises. If it happens that there are especial difficulties in one
direction while by some chance those in the other are easily removed, it
becomes surprising how often the latter are entirely ignored. And hence,
the adjustment of inferences is naturally false even when the great
difficulties of the first type are removed correctly. Therefore, if the
establishment of a fact costs a good deal of pains and means the
expenditure of much time, the business of logical connection appears so
comparatively easy that it is made swiftly and--wrongly.
Mistakes become, at least according to my experience, still more
frequent when the difficulty is logical and not empirical. As a matter
of honesty, let me say that we criminalists are not trained logicians,
however necessary it is that we shall be such, and most of us are
satisfied with the barren remainder of what we learned long ago in the
Gymnasium and have since forgotten. The difficulties which occur in the
more important logical tasks are intelligible when compared with the
lesser difficulties; and when one of these larger problems is by good
fortune rightly solved, the effort and the work required by the solution
make it easy to forget asking whether the premises are correct; they are
assumed as self-evident. Hence, in the review of the basis for judgment,
it is often discovered that the logical task has been performed with
care, with the expenditure of much time, etc., only to be based upon
some apparently unessential presupposition which contradicts all
experience and is hence materially incorrect. Consequence,--the
inference is wrong since the premise was wrong, and the whole work has
gone for nothing. Such occurrences convince one that no judge would have
been guilty of them if the few difficulties concerning the fact in
question were not, because treated in the light of the effort required
by the logical work, quite neglected. Nor does this occur unconsciously,
or as a consequence of a sort of lapse of memory concerning the meaning
or the importance of an empirical problem, it also happens at least half
consciously by way of a characteristic psychic process which everybody
may identify in his own experience: i.e., the idea occurs, in some
degree subconsciously, that the overgreatness of the work done in one
direction ought to be corrected by the inadequacy of the work done in
the other direction. And this happens in lawyer’s work often, and being
frequently justifiable, becomes habitual. If I, for example, have
Public-domain text, read in full here on John Shaqi.
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