The exposition of 1851 : $b or, Views of the industry, the science, and the government, of EnglandBabbage, Charles
History
The exposition of 1851 : $b or, Views of the industry, the science, and the government, of England
Babbage, Charles
Great Exhibition (1851 : London, England)
Without asking whether the long experience alluded to has ever been
fortified by the trial and the failure of an opposite course, it may be
at once stated that this mode of arriving at truth is contrary to the
result of long experience in matters of science. In all discussions on
those subjects, it is found far more conducive to truth, if either party
in discussing a mooted point discover in his own argument a flaw,
unobserved by his opponent, that he should immediately point it out, and
that they should both apply their minds to repair it, and if
unsuccessful, admit it. The same course is pursued with regard to facts;
every circumstance, however apparently remote, is contributed by both
inquirers to the common stock, without the slightest care as to its
bearings on one or the other side of the question. Facts thus conveyed
for the first time to the mind of one of the parties, often recall to
his memory analogous facts, and thus the materials of reasoning or of
induction become largely increased.
§ To this supposed legal principle, it may be fairly objected that it is
entirely a theoretical view. To be convinced of this it is enough to
appeal to every man who has ever sat on a jury or heard one addressed by
counsel. He well knows that the very first effort of the learned
advocate is to attempt to persuade the jury that he is no advocate at
all. This line is sustained throughout his address, and his great object
is to convince them that he himself personally believes both the facts
to which his witnesses testify, and the inferences he adduces from their
evidence. The more skilful the advocate, the more he endeavours to
persuade the jury that he is merely an impartial observer, assisting
them in arriving at a just conclusion.
The effects of long habit in thus mystifying less practised reasoners,
cannot fail to be injurious to the moral character of the man. Take a
case of title to property, on which a barrister is consulted. Suppose
the holder has no right whatever to it, yet will the barrister by every
means his knowledge and ingenuity can suggest, help his client to rob
some other person of his property. It is useless to say that in such
circumstances the attorney conceals certain facts of his case, and does
not put the facts to the counsel in this plain way. On such occasions
the most skilful counsel are always employed, and they are certainly
competent, _if they choose it_, to ascertain the real state of the case.
In criminal cases such attempts to mislead juries are still more
reprehensible.
§ If the principle now discussed is sound, it is capable of application
to another subject—the press. But strangely enough, lawyers, more than
any other class, abuse the press because it treats its subject
commercially, and refuse to admit that rule in the case of editors of
newspapers, which they claim as a sanction for themselves. A little
examination, however, will show that the conduct of the press is much
more defensible than that of the bar.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account