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Updated: May 10, 2025
Their names still figure in the old books of the corporation, if these are not gone astray; and there is, or was, an entry in these same books, connected with the reign of the two worthies, which, illustrative and probative as it is of our story, we shall have occasion to lay before our readers. Well, to proceed in historical order, the worthy boxmaster had been married for a number of years.
The applicants claim that these findings were not based on evidence of probative value and that the affected employees were not given a fair opportunity of answering such charges. The general allegation in the statement of claim that the findings attacked were made in excess of jurisdiction has in our view a special bearing on this paragraph.
But when we look back to see from whence the probative force of the process is derived, we find that at every single step, unless we suppose ourselves to be thinking and talking of the things, and not the mere symbols, the evidence fails.
"Fables," continues the shrewd master of those who know, "have this advantage that, while historical parallels are hard to find, it is comparatively easy to find fables." Quintilian, like Aristotle, believes in the persuasive efficacy of examples. But Quintilian has less faith in the probative value of fictitious examples than he has in those drawn from authentic history.
Notice, in the following quotation, how the first and the last parts arc held together by the pitch or key and the modulation of the voice, and the middle part, the group of examples, is held together in a different key by being set in the background, as being illustrative or probative. "Why, all these Irish bulls are Greek, every one of them.
He saw that the general propositions on which a reasoning is said to depend, may, in certain cases, be altogether omitted, without impairing its probative force. In the present, as in many other instances, this thoughtful and elegant writer has perceived an important truth, but only by halves.
Never had he been more serious; never more persuasive. Abandoning every suggestion of frivolity, he weighed the testimony of each white witness and pointed out its obvious lack of probative value. Not one, he said, except the Italian woman, had had more than a fleeting glance of the face of the man now accused of the crime. Such an identification was useless. The Chinamen were patently lying.
Moreover, he does not, for similar reasons, know whether Huxley's process has been "fatally vitiated" by the dependence of any "material circumstance" on conjecture, or by the insufficiency of the "known facts" to exclude every other hypothesis; for, first, he does not know what is in geological, biological, or palaeontological induction a "material circumstance" nor does any man know except by prolonged study and observation and, second, he does not know whether "the known or proved facts" are sufficient to exclude every other hypothesis, because he neither knows what facts are known nor what is the probative force of such as are known.
We have shown what is the real nature of the truths with which the Syllogism is conversant, in contradistinction to the more superficial manner in which their import is conceived in the common theory; and what are the fundamental axioms on which its probative force or conclusiveness depends.
But the exclusion of women as witnesses in the old days was not for psychological reasons, nor did it originate from a critical study of the probative value of their testimony. In a very recent case where a clever thief had been convicted of looting various apartments in New York City of over eighty thousand dollars' worth of jewelry, the female owners were summoned to identify their property.
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