For the same reason that everything interests us more according to the
degree it involves us personally, we do not examine facts and completely
overlook them though they are later shown to be unshakable, without our
being able to explain their causal nexus. If, however, we know causes
and relationships, these facts become portions of our habitual mental
equipment. Any practitioner knows how true this is, and how especially
visible during the examination of witnesses, who ignore facts which to
us seem, in the nature of the case, important and definitive. In such
cases we must first of all not assume that these facts have not
occurred because the witness has not explained them or has overlooked
them; we must proceed as suggested in order to validate the relevant
circumstances by means of the witness--i.e., we must teach him the
conditions and relationships until they become portions of his habitual
mental machinery. I do not assert that this is easy--on the contrary, I
say that whoever is able to do this is the most effective of examiners,
and shows again that the witness is no more than an instrument which is
valueless in the hands of the bounder, but which can accomplish all
sorts of things in the hands of the master.
One must beware, however, of too free use of the most comfortable
means,--that of examples. When Newton said, “In addiscendis scientiis
exempla plus prosunt, quam praecepta,” he was not addressing
criminalists, but he might have been. As might, also, Kant, when he
proved that thinking in examples is dangerous because it allows the use
of real thinking, for which it is not a substitute, to lapse. That this
fact is one reason for the danger of examples is certain, but the chief
reason, at least for the lawyer, is the fact that an example requires
not equality, but mere similarity. The degree of similarity is not
expressed and the auditor has no standard for the degree of similarity
in the mind of the speaker. “Omnis analogia claudicat” is correct, and
it may happen that the example might be falsely conceived, that
similarity may be mistaken for equality, or at least, that there should
be ignorance of the inequality. Examples, therefore, are to be used only
in the most extreme cases, and only in such wise, that the nature of the
example is made very clearly obvious and its incorrectness warned
against.
Public-domain text, read in full here on John Shaqi.
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