Now one of the most difficult tasks of the criminalist is to hit, in
just such cases, upon the truth; neither to accept the testimony blindly
and uncritically; nor to render the witness, who otherwise is telling
the truth, vacillating and doubtful. But it is still more difficult to
lead the witness, who is not intentionally falsifying, but has merely
observed incorrectly or has made false conclusions, to a statement of
the truth as Socrates leads the slave in the Meno. It is as modern as it
is comfortable to assert that this is not the judge’s business--that the
witness is to depose, his evidence is to be accepted, and the judge is
to judge. Yet it is supposed before everything else that the duty of the
court is to establish the material truth--that the formal truth is
insufficient. Moreover, if we notice false observations and let them by,
then, under certain circumstance, we are minus one important piece of
evidence _pro_ and _con_, and the whole case may be turned topsy turvy.
At the very least a basis of development in the presentation of evidence
is so excluded. We shall, then, proceed in the Socratic fashion. But,
inasmuch as we are not concerned with mathematics, and are hence more
badly placed in the matter of proof, we shall have to proceed more
cautiously and with less certainty, than when the question is merely one
of the area of a square. On the one hand we know only in the rarest
cases that we are not ourselves mistaken, so that we must not, without
anything further, lead another to agree with us; on the other hand we
must beware of perverting the witness from his possibly sound opinions.
It is not desirable to speak of suggestion in this matter, since, if I
believe that the other fellow knows a matter better than I and conform
to his opinion, there is as yet no suggestion. And this pure form of
change of opinion and of openness to conviction is commonest among us.
Whoever is able to correct the witness’s apparently false conceptions
and to lead him to discover his error of his own accord and then to
speak the truth--whoever can do this and yet does not go too far,
deducing from the facts nothing that does not actually follow from--that
man is a master among us.
Section 2. (b) The Method of Natural Science.[40]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account