A System of Logic: Ratiocinative and Inductive, 7th Edition, Vol. II — John Stuart Mill — John Shaqi
A System of Logic: Ratiocinative and Inductive, 7th Edition, Vol. II
John Stuart Mill · en
Again, on the subject of juries, or other tribunals, some mathematicians
have set out from the proposition that the judgment of any one judge, or
juryman, is, at least in some small degree, more likely to be right than
wrong, and have concluded that the chance of a number of persons
concurring in a wrong verdict is diminished, the more the number is
increased; so that if the judges are only made sufficiently numerous,
the correctness of the judgment may be reduced almost to certainty. I
say nothing of the disregard shown to the effect produced on the moral
position of the judges by multiplying their numbers; the virtual
destruction of their individual responsibility, and weakening of the
application of their minds to the subject. I remark only the fallacy of
reasoning from a wide average, to cases necessarily differing greatly
from any average. It may be true that taking all causes one with
another, the opinion of any one of the judges would be oftener right
than wrong; but the argument forgets that in all but the more simple
cases, in all cases in which it is really of much consequence what the
tribunal is, the proposition might probably be reversed; besides which,
the cause of error, whether arising from the intricacy of the case or
from some common prejudice or mental infirmity, if it acted upon one
judge, would be extremely likely to affect all the others in the same
manner, or at least a majority, and thus render a wrong instead of a
right decision more probable, the more the number was increased.
These are but samples of the errors frequently committed by men who,
having made themselves familiar with the difficult formulæ which algebra
affords for the estimation of chances under suppositions of a complex
character, like better to employ those formulæ in computing what are the
probabilities to a person half informed about a case, than to look out
for means of being better informed. Before applying the doctrine of
chances to any scientific purpose, the foundation must be laid for an
evaluation of the chances, by possessing ourselves of the utmost
attainable amount of positive knowledge. The knowledge required is that
of the comparative frequency with which the different events in fact
occur. For the purposes, therefore, of the present work, it is allowable
to suppose, that conclusions respecting the probability of a fact of a
particular kind, rest on our knowledge of the proportion between the
cases in which facts of that kind occur, and those in which they do not
occur: this knowledge being either derived from specific experiment, or
deduced from our knowledge of the causes in operation which tend to
produce, compared with those which tend to prevent, the fact in
question.