A. Höfler[151] says most intelligently, that the contradiction of the idea of chance by the causal law may be easily solved by indicating the especial relativity of the concept. (Accidental with regard to one, but otherwise appearing as a possible causal series).
The lesson of these definitions is obvious. What we call chance plays a great role in our legal work. On our recognizing a combination of circumstances as accidental the result of the trial in most cases depends, and the distinction between accident and law depends upon the amount of knowledge concerning the events of the daily life especially. Now the use of this knowledge in particular cases consists in seeking out the causal relation in a series of events which are adduced as proof, and in turning accident into order. Or, in cases where the law which unites or separates the events can not be discovered, it may consist in the very cautious interpretation of the combination of events on the principle _simul cum hoc non est propter hoc_.
Section 30.(h) Persuasion and Explanation.
How in the course of trial are people convinced? The criminalist has as presiding officer not only to provide the truth which convinces; it is his business as state official to convince the defendant of the correctness of the arguments adduced, the witness of his duty to tell the truth. But he again is often himself convinced by a witness or an accused person--correctly or incorrectly. Mittermaier[152] calls conviction a condition in which our belief-it-is-true depends on full satisfactory grounds of which we are aware. But this state of conviction is a goal to be reached and our work is not done until the convincing material has been provided. Seeking the truth is not enough. Karl Gerock assures us that no philosophical system offers us the full and finished truth, but there is a truth for the idealist, and to ask Pilate’s blasé question is, as Lessing suggests, rendering the answer impossible. But this shows the difference between scientific and practical work; science may be satisfied with seeking truth, but we must possess truth. If it were true that truth alone is convincing, there would not be much difficulty, and one might be content that one is convinced only by what is correct. But this is not the case. Statistically numbers are supposed to prove, but actually numbers prove according to their uses. So in the daily life we say facts are proofs when it would be more cautious to say: facts are proofs according to their uses. It is for this reason that sophistical dialectic is possible. Arrange the facts in one way and you reach one result, arrange the facts another way and you may reach the opposite. Or again, if you study the facts in doubtful cases honestly and without prejudice you find how many possible conclusions may be drawn, according to their arrangement. We must, of course, not have in mind that conviction and persuasion which is brought about by the use of many words. We have to consider only that adduction of facts and explanation, simple or complex, in a more or less skilful, intentional or unintentional manner, by means of which we are convinced at least for a moment. The variety of such conviction is well known to experience.