Chapter Eight

       Judgment: The Interpretation of Facts

       Table of Contents

      § 1. The Three Factors of Judging

      Good judgment

      A man of good judgment in a given set of affairs is a man in so far educated, trained, whatever may be his literacy. And if our schools turn out their pupils in that attitude of mind which is conducive to good judgment in any department of affairs in which the pupils are placed, they have done more than if they sent out their pupils merely possessed of vast stores of information, or high degrees of skill in specialized branches. To know what is good judgment we need first to know what judgment is.

      Judgment and inference

      That there is an intimate connection between judgment and inference is obvious enough. The aim of inference is to terminate itself in an adequate judgment of a situation, and the course of inference goes on through a series of partial and tentative judgments. What are these units, these terms of inference when we examine them on their own account? Their significant traits may be readily gathered from a consideration of the operations to which the word judgment was originally applied: namely, the authoritative decision of matters in legal controversy—the procedure of the judge on the bench. There are three such features: (1) a controversy, consisting of opposite claims regarding the same objective situation; (2) a process of defining and elaborating these claims and of sifting the facts adduced to support them; (3) a final decision, or sentence, closing the particular matter in dispute and also serving as a rule or principle for deciding future cases.

      Uncertainty the antecedent of judgment

      1. Unless there is something doubtful, the situation is read off at a glance; it is taken in on sight, i.e. there is merely apprehension, perception, recognition, not judgment. If the matter is wholly doubtful, if it is dark and obscure throughout, there is a blind mystery and again no judgment occurs. But if it suggests, however vaguely, different meanings, rival possible interpretations, there is some point at issue, some matter at stake. Doubt takes the form of dispute, controversy; different sides compete for a conclusion in their favor. Cases brought to trial before a judge illustrate neatly and unambiguously this strife of alternative interpretations; but any case of trying to clear up intellectually a doubtful situation exemplifies the same traits. A moving blur catches our eye in the distance; we ask ourselves: "What is it? Is it a cloud of whirling dust? a tree waving its branches? a man signaling to us?" Something in the total situation suggests each of these possible meanings. Only one of them can possibly be sound; perhaps none of them is appropriate; yet some meaning the thing in question surely has. Which of the alternative suggested meanings has the rightful claim? What does the perception really mean? How is it to be interpreted, estimated, appraised, placed? Every judgment proceeds from some such situation.

      Judgment defines the issue,

      2. The hearing of the controversy, the trial, i.e. the weighing of alternative claims, divides into two branches, either of which, in a given case, may be more conspicuous than the other. In the consideration of a legal dispute, these two branches are sifting the evidence and selecting the rules that are applicable; they are "the facts" and "the law" of the case. In judgment they are (a) the determination of the data that are important in the given case (compare the inductive movement); and (b) the elaboration of the conceptions or meanings suggested by the crude data (compare the deductive movement). (a) What portions or aspects of the situation are significant in controlling the formation of the interpretation? (b) Just what is the full meaning and bearing of the conception that is used as a method of interpretation? These questions are strictly correlative; the answer to each depends upon the answer to the other. We may, however, for convenience, consider them separately.

      (a) by selecting what facts are evidence

      (a) In every actual occurrence, there are many details which are part of the total occurrence, but which nevertheless are not significant in relation to the point at issue. All parts of an experience are equally present, but they are very far from being of equal value as signs or as evidences. Nor is there any tag or label on any trait saying: "This is important," or "This is trivial." Nor is intensity, or vividness or conspicuousness, a safe measure of indicative and proving value. The glaring thing may be totally insignificant in this particular situation, and the key to the understanding of the whole matter may be modest or hidden (compare p. 74). Features that are not significant are distracting; they proffer their claims to be regarded as clues and cues to interpretation, while traits that are significant do not appear on the surface at all. Hence, judgment is required even in reference to the situation or event that is present to the senses; elimination or rejection, selection, discovery, or bringing to light must take place. Till we have reached a final conclusion, rejection and selection must be tentative or conditional. We select the things that we hope or trust are cues to meaning. But if they do not suggest a situation that accepts and includes them (see p. 81), we reconstitute our data, the facts of the case; for we mean, intellectually, by the facts of the case those traits that are used as evidence in reaching a conclusion or forming a decision.

      Expertness in selecting evidence

No hard and fast rules for this operation of selecting and rejecting, or fixing upon the facts, can be given. It all comes back, as we say, to the good judgment, the good sense, of the one judging. To be a good judge is to have a sense of the relative indicative or signifying values of the various features of the perplexing situation; to know what to let go as of no account; what to eliminate as irrelevant; what to retain as conducive to outcome; what to emphasize as a clue to the difficulty.18 This power in ordinary matters we call knack, tact, cleverness; in more important affairs, insight, discernment. In part it is instinctive or inborn; but it also represents the funded outcome of long familiarity with like operations in the past. Possession of this ability to seize what is evidential or significant and to let the rest go is the mark of the expert, the connoisseur, the judge, in any matter.

      Intuitive judgments

      Mill cites the following case, which is worth noting as an instance of the extreme delicacy and accuracy to which may be developed this power of sizing up the significant factors of a situation. "A Scotch manufacturer procured from England, at a high rate of wages, a working dyer, famous for producing very fine colors, with the view of teaching to his other workmen the same skill. The workman came; but his method of proportioning the ingredients, in which lay the secret of the effects he produced, was by taking