THE ERROR OF IMPARTIALITY

The refusal of the jurors in the Thaw trial to come to an agreement is

certainly a somewhat amusing sequel to the frenzied and even fantastic

caution with which they were selected. Jurymen were set aside for

reasons which seem to have only the very wildest relation to the

case—reasons which we cannot conceive as giving any human being a real

bias. It may be questioned whether the exaggerated theory of

impartiality in an arbiter or juryman may not be carried so far as to

be more unjust than partiality itself. What people call impartiality

may simply mean indifference, and what people call partiality may

simply mean mental activity. It is sometimes made an objection, for

instance, to a juror that he has formed some _primâ-facie_ opinion upon

a case: if he can be forced under sharp questioning to admit that he

has formed such an opinion, he is regarded as manifestly unfit to

conduct the inquiry. Surely this is unsound. If his bias is one of

interest, of class, or creed, or notorious propaganda, then that fact

certainly proves that he is not an impartial arbiter. But the mere fact

that he did form some temporary impression from the first facts as far

as he knew them—this does not prove that he is not an impartial

arbiter—it only proves that he is not a cold-blooded fool.

If we walk down the street, taking all the jurymen who have not formed

opinions and leaving all the jurymen who have formed opinions, it seems

highly probable that we shall only succeed in taking all the stupid

jurymen and leaving all the thoughtful ones. Provided that the opinion

formed is really of this airy and abstract kind, provided that it has

no suggestion of settled motive or prejudice, we might well regard it

not merely as a promise of capacity, but literally as a promise of

justice. The man who took the trouble to deduce from the police reports

would probably be the man who would take the trouble to deduce further

and different things from the evidence. The man who had the sense to

form an opinion would be the man who would have the sense to alter it.

It is worth while to dwell for a moment on this minor aspect of the

matter because the error about impartiality and justice is by no means

confined to a criminal question. In much more serious matters it is

assumed that the agnostic is impartial; whereas the agnostic is merely

ignorant. The logical outcome of the fastidiousness about the Thaw

jurors would be that the case ought to be tried by Esquimaux, or

Hottentots, or savages from the Cannibal Islands—by some class of

people who could have no conceivable interest in the parties, and

moreover, no conceivable interest in the case. The pure and starry

perfection of impartiality would be reached by people who not only had

no opinion before they had heard the case, but who also had no opinion

after they had heard it. In the same way, there is in modern

discussions of religion and philosophy an absurd assumption that a man

is in some way just and well-poised because he has come to no

conclusion; and that a man is in some way knocked off the list of fair

judges because he has come to a conclusion. It is assumed that the

sceptic has no bias; whereas he has a very obvious bias in favour of

scepticism. I remember once arguing with an honest young atheist, who

was very much shocked at my disputing some of the assumptions which

were absolute sanctities to him (such as the quite unproved proposition

of the independence of matter and the quite improbable proposition of

its power to originate mind), and he at length fell back upon this

question, which he delivered with an honourable heat of defiance and

indignation: “Well, can you tell me any man of intellect, great in

science or philosophy, who accepted the miraculous?” I said, “With

pleasure. Descartes, Dr. Johnson, Newton, Faraday, Newman, Gladstone,

Pasteur, Browning, Brunetiere—as many more as you please.” To which

that quite admirable and idealistic young man made this astonishing

reply—“Oh, but of course they _had_ to say that; they were Christians.”

First he challenged me to find a black swan, and then he ruled out all

my swans because they were black. The fact that all these great

intellects had come to the Christian view was somehow or other a proof

either that they were not great intellects or that they had not really

come to that view. The argument thus stood in a charmingly convenient

form: “All men that count have come to my conclusion; for if they come

to your conclusion they do not count.”

It did not seem to occur to such controversialists that if Cardinal

Newman was really a man of intellect, the fact that he adhered to

dogmatic religion proved exactly as much as the fact that Professor

Huxley, another man of intellect, found that he could not adhere to

dogmatic religion; that is to say (as I cheerfully admit), it proved

precious little either way. If there is one class of men whom history

has proved especially and supremely capable of going quite wrong in all

directions, it is the class of highly intellectual men. I would always

prefer to go by the bulk of humanity; that is why I am a democrat. But

whatever be the truth about exceptional intelligence and the masses, it

is manifestly most unreasonable that intelligent men should be divided

upon the absurd modern principle of regarding every clever man who

cannot make up his mind as an impartial judge, and regarding every

clever man who can make up his mind as a servile fanatic. As it is, we

seem to regard it as a positive objection to a reasoner that he has

taken one side or the other. We regard it (in other words) as a

positive objection to a reasoner that he has contrived to reach the

object of his reasoning. We call a man a bigot or a slave of dogma

because he is a thinker who has thought thoroughly and to a definite

end. We say that the juryman is not a juryman because he has brought in

a verdict. We say that the judge is not a judge because he gives

judgment. We say that the sincere believer has no right to vote, simply

because he has voted.

All Things Considered · 第 27 / 37 题