matter anew if the conditions change. We demand material, but relative
truth.
One of the acutest thinkers, J. R. von Mayer, the discoverer of the
working principle of “conservation of energy,” says, “the most
important, if not the only rule for real natural science is this: Always
to believe that it is our task to know the phenomena before we seek
explanation of higher causes. If a fact is once known in all its
aspects, it is thereby explained and the duty of science fulfilled.” The
author did not have us dry-souled lawyers in mind when he made this
assertion, but we who modestly seek to subordinate our discipline to
that of the correct one of natural science, must take this doctrine
absolutely to heart. Every crime we study is a fact, and once we know it
in all its aspects and have accounted for every little detail, we have
explained it and have done our duty.
But the word explain does not lead us very far. It is mainly a matter of
reducing the mass of the inexplicable to a minimum and the whole to its
simplest terms. If only we succeed in this reduction! In most cases we
substitute for one well-known term, not another still better one, but a
strange one which may mean different things to different people. So
again, we explain one event by means of another more difficult one. It
is unfortunate that we lawyers are more than all others inclined to make
unnecessary explanations, because our criminal law has accustomed us to
silly definitions which rarely bring us closer to the issue and which
supply us only with a lot of words difficult to understand instead of
easily comprehensible ones. Hence we reach explanations both impossible
and hard to make, explanations which we ourselves are often unwilling to
believe. And again we try to explain and to define events which
otherwise would have been understood by everybody and which become
doubtful and uncertain because of the attempt. The matter becomes
especially difficult when we feel ourselves unsure, or when we have
discovered or expect contradiction. Then we try to convince ourselves
that we know something, although at the beginning we were clearly enough
aware that we knew nothing. We must not forget that our knowledge can
attain only to ideas of things. It consists alone in the perception of
the relation and agreement, or in the incompatibility and contradiction
of some of our ideas. Our task lies exactly in the explication of these
impressions, and the more thoroughly that is done the greater and more
certain is the result. But we must never trust our own impressions
merely. “When the theologian, who deals with the supersensible, has said
all that, from his point of view, he can say, when the jurist, who
represents those fundamental laws which are the result of social
experience, has considered all reasons from his own point of view, the
final authority in certain cases must be the physician who is engaged in
studying the life of the body.”
Public-domain text, read in full here on John Shaqi.
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