The lesson of these definitions is obvious. What we call chance plays a
great role in our legal work. On our recognizing a combination of
circumstances as accidental the result of the trial in most cases
depends, and the distinction between accident and law depends upon the
amount of knowledge concerning the events of the daily life especially.
Now the use of this knowledge in particular cases consists in seeking
out the causal relation in a series of events which are adduced as
proof, and in turning accident into order. Or, in cases where the law
which unites or separates the events can not be discovered, it may
consist in the very cautious interpretation of the combination of events
on the principle _simul cum hoc non est propter hoc_.
Section 30.(h) Persuasion and Explanation.
How in the course of trial are people convinced? The criminalist has as
presiding officer not only to provide the truth which convinces; it is
his business as state official to convince the defendant of the
correctness of the arguments adduced, the witness of his duty to tell
the truth. But he again is often himself convinced by a witness or an
accused person--correctly or incorrectly. Mittermaier[152] calls
conviction a condition in which our belief-it-is-true depends on full
satisfactory grounds of which we are aware. But this state of conviction
is a goal to be reached and our work is not done until the convincing
material has been provided. Seeking the truth is not enough. Karl Gerock
assures us that no philosophical system offers us the full and finished
truth, but there is a truth for the idealist, and to ask Pilate’s blasé
question is, as Lessing suggests, rendering the answer impossible. But
this shows the difference between scientific and practical work; science
may be satisfied with seeking truth, but we must possess truth. If it
were true that truth alone is convincing, there would not be much
difficulty, and one might be content that one is convinced only by what
is correct. But this is not the case. Statistically numbers are supposed
to prove, but actually numbers prove according to their uses. So in the
daily life we say facts are proofs when it would be more cautious to
say: facts are proofs according to their uses. It is for this reason
that sophistical dialectic is possible. Arrange the facts in one way and
you reach one result, arrange the facts another way and you may reach
the opposite. Or again, if you study the facts in doubtful cases
honestly and without prejudice you find how many possible conclusions
may be drawn, according to their arrangement. We must, of course, not
have in mind that conviction and persuasion which is brought about by
the use of many words. We have to consider only that adduction of facts
and explanation, simple or complex, in a more or less skilful,
intentional or unintentional manner, by means of which we are convinced
at least for a moment. The variety of such conviction is well known to
experience.
Public-domain text, read in full here on John Shaqi.
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