This view of the functions of the syllogism is confirmed by the
consideration of precisely those cases which might be expected to be least
favorable to it, namely, those in which ratiocination is independent of
any previous induction. We have already observed that the syllogism, in
the ordinary course of our reasoning, is only the latter half of the
process of traveling from premises to a conclusion. There are, however,
some peculiar cases in which it is the whole process. Particulars alone
are capable of being subjected to observation; and all knowledge which is
derived from observation, begins, therefore, of necessity, in particulars;
but our knowledge may, in cases of certain descriptions, be conceived as
coming to us from other sources than observation. It may present itself as
coming from testimony, which, on the occasion and for the purpose in hand,
is accepted as of an authoritative character: and the information thus
communicated, may be conceived to comprise not only particular facts but
general propositions, as when a scientific doctrine is accepted without
examination on the authority of writers, or a theological doctrine on that
of Scripture. Or the generalization may not be, in the ordinary sense, an
assertion at all, but a command; a law, not in the philosophical, but in
the moral and political sense of the term: an expression of the desire of
a superior, that we, or any number of other persons, shall conform our
conduct to certain general instructions. So far as this asserts a fact,
namely, a volition of the legislator, that fact is an individual fact, and
the proposition, therefore, is not a general proposition. But the
description therein contained of the conduct which it is the will of the
legislator that his subjects should observe, is general. The proposition
asserts, not that all men _are_ any thing, but that all men _shall_ do
something.
In both these cases the generalities are the original data, and the
particulars are elicited from them by a process which correctly resolves
itself into a series of syllogisms. The real nature, however, of the
supposed deductive process, is evident enough. The only point to be
determined is, whether the authority which declared the general
proposition, intended to include this case in it; and whether the
legislator intended his command to apply to the present case among others,
or not. This is ascertained by examining whether the case possesses the
marks by which, as those authorities have signified, the cases which they
meant to certify or to influence may be known. The object of the inquiry
is to make out the witness’s or the legislator’s intention, through the
indication given by their words. This is a question, as the Germans
express it, of hermeneutics. The operation is not a process of inference,
but a process of interpretation.