The fallacy to which I refer is the notion that the only force at work
in the development of the law is logic. In the broadest sense, indeed,
that notion would be true. The postulate on which we think about the
universe is that there is a fixed quantitative relation between every
phenomenon and its antecedents and consequents. If there is such a thing
as a phenomenon without these fixed quantitative relations, it is
a miracle. It is outside the law of cause and effect, and as such
transcends our power of thought, or at least is something to or from
which we cannot reason. The condition of our thinking about the universe
is that it is capable of being thought about rationally, or, in other
words, that every part of it is effect and cause in the same sense
in which those parts are with which we are most familiar. So in the
broadest sense it is true that the law is a logical development, like
everything else. The danger of which I speak is not the admission that
the principles governing other phenomena also govern the law, but the
notion that a given system, ours, for instance, can be worked out like
mathematics from some general axioms of conduct. This is the natural
error of the schools, but it is not confined to them. I once heard a
very eminent judge say that he never let a decision go until he was
absolutely sure that it was right. So judicial dissent often is blamed,
as if it meant simply that one side or the other were not doing their
sums right, and if they would take more trouble, agreement inevitably
would come.
Public-domain text, read in full here on John Shaqi.
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