It may be that the judgment of the correctness of an inference is made
analogously to that of numbers and that the latter exercise an influence
on the judgment which is as much conceded popularly as it is actually
combated. Since Kant, it has been quite discovered that the judgment
that fools are in the majority must lead through many more such truths
in judging--and it is indifferent whether the judgment dealt with is
that of the law court or of a voting legislature or mere judgments as
such.
Schiel says, “It has been frequently asserted that a judgment is more
probably correct according to the number of judges and jury.” Quite
apart from the fact that the judge is less careful, makes less effort,
and feels less responsibility when he has associates, this is a false
inference from an enormous average of cases which are necessarily remote
from any average whatever. And when certain prejudices or weaknesses of
mind are added, the mistake multiplies. Whoever accurately follows, if
he can avoid getting bored, the voting of bodies, and considers by
themselves individual opinions about the subject, they having remained
individual against large majorities and hence worthy of being subjected
to a cold and unprejudiced examination, will learn some rare facts. It
is especially interesting to study the judgment of the full bench with
regard to a case which has been falsely judged; surprisingly often only
a single individual voice has spoken correctly. This fact is a warning
to the judge in such cases carefully to listen to the individual opinion
and to consider that it is very likely to deserve study just because it
is so significantly in the minority.
The same thing is to be kept in mind when a thing is asserted by a large
number of witnesses. Apart from the fact that they depend upon one
another, that they suggest to one another, it is also easily possible,
especially if any source of error is present, that the latter shall have
influenced all the witnesses.
Whether a judgment has been made by a single judge or is the verdict of
any number of jurymen is quite indifferent since the correctness of a
judgment does not lie in numbers. Exner says, “The degree of probability
of a judgment’s correctness depends upon the richness of the field of
the associations brought to bear in establishing it. The value of
knowledge is judicially constituted in this fact, for it is in essence
the expansion of the scope of association. And the value is proportional
to the richness of the associations between the present fact and the
knowledge required.” This is one of the most important of the doctrines
we have to keep in mind, and it controverts altogether those who suppose
that we ought to be satisfied with the knowledge of some dozens of
statutes, a few commentaries, and so and so many precedents.
Public-domain text, read in full here on John Shaqi.
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