The unreliability of rules is further explained by their rise from
generalization. We must not generalize, as Schiel says, until we have
shown that if there are cases which contradict our generalizations we
know those contradictions. In practice approximate generalizations are
often our only guides. Natural law is too much conditioned, cases of it
too much involved, distinctions between them too hard to make, to allow
us to determine the existence of a natural phenomenon in terms of its
natural characteristics as a part of the business of our daily life. Our
own age generalizes altogether too much, observes too little, and
abstracts too rapidly. Events come quickly, examples appear in masses,
and if they are similar they tend to be generalized, to develop into a
rule, while the exceptions which are infinitely more important are
unobserved, and the rule, once made, leads to innumerable mistakes.
Section 29. (g) Chance.
The psychological significance of what we call chance depends upon the
concept of chance and the degree of influence that we allow it to
possess in our thinking. What is generally called chance, and what is
called chance in particular cases, will depend to a significant degree
upon the nature of the case. In progressive sciences the laws increase
and the chance-happenings decrease; the latter indeed are valid only in
particular cases of the daily life and in the general business of it. We
speak of chance or accident when events cross which are determined in
themselves by necessary law, but the law of the crossing of which is
unknown. If, e.g., it is observed that where there is much snow the
animals are white, the event must not be attributed to accident, for the
formation of snow in high mountains or in the north, and its long stay
on the surface of the earth develop according to special natural laws,
and the colors of animals do so no less--but that these two orderly
series of facts should meet requires a third law, or still better, a
third group of laws, which though unknown some time ago, are now known
to every educated person.
For us lawyers chance and the interpretation of it are of immense
importance not only in bringing together evidence, but in every case of
suspicion, for the problem always arises whether a causal relation may
be established between the crime and the suspect, or whether the
relation is only accidental. “Unfortunate coincidence”--“closely related
connection of facts”--“extraordinary accumulation of reason for
suspicion,”--all these terms are really chance mistaken for causation.
On the knowledge of the difference between the one and the other depends
the fate of most evidence and trials. Whoever is fortunate enough in
rightly perceiving what chance is, is fortunate in the conduct of his
trial.
Public-domain text, read in full here on John Shaqi.
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