"But if, on the other hand, we should be justified in rejecting it, if there testified on oath, then, supposing our rules of evidence to be sound, we may be excused if we hesitate elsewhere to give it credence"
About this Quote
In this quote, Simon Greenleaf, a kept in mind legal scholar and a principal founder of Harvard Law School, attends to the principles surrounding the examination of proof. Greenleaf was an authority on the guidelines of proof and is widely known for his works that lined up legal factor with spiritual statement, especially his considerations on the trustworthiness of the New Testament.
At the heart of the quote is the tension between legal suspicion and credulity when analyzing evidence. Greenleaf recommends that if a piece of proof, even if affirmed under oath, can be legally rejected based on established evidentiary guidelines, then there is a logical basis to be cautious of accepting comparable proof uncritically in other contexts. This statement highlights the strenuous requirement by which evidence need to be evaluated, promoting for a disciplined technique that focuses on skepticism over approval unless sensible recognition exists.
The phrase "if there affirmed on oath" highlights the solemnity and assumed reliability of sworn testament, which is traditionally offered substantial weight in legal contexts. However, Greenleaf mentions a scenario where even such testament may be justifiably discounted, implying that the mere act of swearing an oath is not foolproof evidence of reliability.
In addition, Greenleaf's assertion "expecting our guidelines of proof to be sound" presents an essential caveat: the integrity of this scrutiny depends greatly on the effectiveness of the evidentiary rules themselves. This indicates a rely on the recognized legal structures to guide reasonable and affordable judgments. Need to these rules be well-founded, they offer a reputable metric for determining the acceptance or rejection of evidence.
Eventually, the quote works as a philosophical pointer of the requirement for thoroughness and vigilance in the legal process, promoting for a healthy degree of uncertainty and the requirement to question the evidence before accepting it as truth. It worries that the strength of a legal system remains in its ability to filter out undependable statement, thus protecting the stability of the judicial procedure.