Reflections and Comments 1865-1895Godkin, Edwin Lawrence
General
Reflections and Comments 1865-1895
Godkin, Edwin Lawrence
Essays
We have accordingly turned to Dr. Taylor's letter and given it a
much more attentive reading than we confess we gave it when it first
appeared, for the purpose of seeing whether it was really true that
ministers were such dexterous and highly taught dialecticians that
they could overthrow a scientific man, even on a subject of which
they knew little or nothing--whether, in short, they could really
treat the question of evolution algebraically, and, by the mere aid
of signs of the meaning of which they were ignorant, put the Huxleys
and Darwins to confusion. For Dr. Taylor opens in this way:
"Let it be understood, then, that I have no fault to find with
Mr. Huxley as a discoverer of facts or as an exponent of
comparative anatomy. In both of these respects he is beyond all
praise of mine, and I am ready to sit at his feet; but when he
begins to reason from the facts which he sets forth, then, like
every other reasoner, he is amenable to the laws of
argumentation, and his conclusions are to be tested by the
relation which they bear to the premises which he has advanced,
and by the proof which he furnishes for the premises
themselves."
We pass over, as of no consequence for our present purpose, the
various exceptions which he then takes to Huxley's arrangement of
his lectures, to the tone of his exceptions, and to his mode of
referring to the biblical hypothesis, and come to what he has to say
of Huxley's evidence, which he truly calls "circumstantial
evidence." The first thing he does is to define circumstantial
evidence; but here, at the very outset, we have been surprised to
find a logician who conceives himself capable of overhauling the
argumentation of the masters of science, going to a lawyer to get
"a statement of the principles which regulate the value of
circumstantial evidence." This is a matter which lay logicians
usually have at their fingers' ends, and we have never known one yet
who would not be puzzled by a suggestion that he should do as Dr.
Taylor did--go to a "distinguished legal friend" for information as
to the conditions of this kind of proof. For, as we have more than
once pointed out, lawyers, as such, have no special skill or
training in the use of circumstantial evidence as scientific men
know it--that is, as evidence which derives all its force from
the laws of the human mind. The circumstantial evidence with
which lawyers, _quâ_ lawyers, are familiar under our system of
jurisprudence is an artificial thing created by legislation or
custom, with the object of preventing the minds of the jury--
presumably a body of untrained and unlearned men--from being
confused or led astray. Moreover, they are only familiar with its
use in one very narrow field--human conduct under one set of social
conditions. For example, a lawyer might be a very good judge of
circumstantial evidence in America, and a very poor one in India or
China; might have a keen eye for the probable or improbable in a New
Public-domain text, read in full here on John Shaqi.
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