Reflections and Comments 1865-1895Godkin, Edwin Lawrence
General
Reflections and Comments 1865-1895
Godkin, Edwin Lawrence
Essays
England village, and none at all in a Prussian barrack.
A familiar illustration of the restrictions on his experience of it
is to be found in the rule which compels the calling of "experts"
when there is a question as to any point of science or art. "The
words science or art," says Mr. Fitzjames Stephen, "include all
subjects on which a _course of special study or experience is
necessary to the formation of an opinion_," and the opinion of such
an expert is a "relevant fact." So that Dr. Taylor's "distinguished
legal friend," if a good lawyer, would not, in spite of his
proficiency in circumstantial evidence, undertake to dispute with
Professor Huxley about the relation of the anchitherium, hipparion,
and horse; and if Dr. Taylor offered himself for examination on such
a point he would be laughed out of court. In none of our courts is
the presentation allowed of _all_ the circumstances which strengthen
or weaken a probability.
A lawyer, therefore, though he might not be as ill fitted for a
scientific discussion as a minister, is, _as such_, hardly more of
an authority on the force and limits of that portion of scientific
proof which is drawn from simple observation. Dr. Taylor's
consulting one as a final authority as to the very nature of the
argument on which he was himself about to sit in judgment is at the
outset a suspicious incident. The definition of circumstantial
evidence which he got from his legal friend was this:
"The process of proof by circumstantial evidence consists in
reasoning from such facts as are known or proved, and thence
establishing such as are conjectured to exist. The process is
fatally vicious, first, if any material circumstance from which
we seek to deduce the conclusion depends itself on conjecture;
and, second, if the known facts are not such as to exclude to a
reasonable degree of certainty every other hypothesis."
"Now, tried by these two tests," says Dr. Taylor, "the professor's
argument was a failure." Taking this definition as it stands,
however, we think it will not be difficult to show that Dr. Taylor
is not competent to apply the tests, or to say whether the
professor's argument is a failure or not.
Public-domain text, read in full here on John Shaqi.
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