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THE ERROR OF IMPARTIALITY
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The refusal of the jurors in the Thaw1 trial to come to an agreement is certainly a somewhat amusing sequel to the frenzied2 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 bias3. It may be questioned whether the exaggerated theory of impartiality4 in an arbiter6 or juryman may not be carried so far as to be more unjust than partiality itself. What people call impartiality may simply mean indifference7, 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 inquiry8. Surely this is unsound. If his bias is one of interest, of class, or creed9, or notorious propaganda, then that fact certainly proves that he is not an impartial5 arbiter. But the mere10 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 motive11 or prejudice, we might well regard it not merely as a promise of capacity, but literally12 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 minor13 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 savages14 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 starry15 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 atheist16, 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 honourable17 heat of defiance18 and indignation: "Well, can you tell me any man of intellect, great in science or philosophy, who accepted the miraculous19?" 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 Christians21." 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 Christian20 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 Cardinal22 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 supremely23 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 democrat24. But whatever be the truth about exceptional intelligence and the masses, it is manifestly most unreasonable25 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 fanatic26. 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 contrived27 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 thoroughly28 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 judgment29. We say that the sincere believer has no right to vote, simply because he has voted.

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1 thaw fUYz5     
v.(使)融化,(使)变得友善;n.融化,缓和
参考例句:
  • The snow is beginning to thaw.雪已开始融化。
  • The spring thaw caused heavy flooding.春天解冻引起了洪水泛滥。
2 frenzied LQVzt     
a.激怒的;疯狂的
参考例句:
  • Will this push him too far and lead to a frenzied attack? 这会不会逼他太甚,导致他进行疯狂的进攻?
  • Two teenagers carried out a frenzied attack on a local shopkeeper. 两名十几岁的少年对当地的一个店主进行了疯狂的袭击。
3 bias 0QByQ     
n.偏见,偏心,偏袒;vt.使有偏见
参考例句:
  • They are accusing the teacher of political bias in his marking.他们在指控那名教师打分数有政治偏见。
  • He had a bias toward the plan.他对这项计划有偏见。
4 impartiality 5b49bb7ab0b3222fd7bf263721e2169d     
n. 公平, 无私, 不偏
参考例句:
  • He shows impartiality and detachment. 他表现得不偏不倚,超然事外。
  • Impartiality is essential to a judge. 公平是当法官所必需的。
5 impartial eykyR     
adj.(in,to)公正的,无偏见的
参考例句:
  • He gave an impartial view of the state of affairs in Ireland.他对爱尔兰的事态发表了公正的看法。
  • Careers officers offer impartial advice to all pupils.就业指导员向所有学生提供公正无私的建议。
6 arbiter bN8yi     
n.仲裁人,公断人
参考例句:
  • Andrew was the arbiter of the disagreement.安德鲁是那场纠纷的仲裁人。
  • Experiment is the final arbiter in science.实验是科学的最后仲裁者。
7 indifference k8DxO     
n.不感兴趣,不关心,冷淡,不在乎
参考例句:
  • I was disappointed by his indifference more than somewhat.他的漠不关心使我很失望。
  • He feigned indifference to criticism of his work.他假装毫不在意别人批评他的作品。
8 inquiry nbgzF     
n.打听,询问,调查,查问
参考例句:
  • Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
  • The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。
9 creed uoxzL     
n.信条;信念,纲领
参考例句:
  • They offended against every article of his creed.他们触犯了他的每一条戒律。
  • Our creed has always been that business is business.我们的信条一直是公私分明。
10 mere rC1xE     
adj.纯粹的;仅仅,只不过
参考例句:
  • That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
  • It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。
11 motive GFzxz     
n.动机,目的;adv.发动的,运动的
参考例句:
  • The police could not find a motive for the murder.警察不能找到谋杀的动机。
  • He had some motive in telling this fable.他讲这寓言故事是有用意的。
12 literally 28Wzv     
adv.照字面意义,逐字地;确实
参考例句:
  • He translated the passage literally.他逐字逐句地翻译这段文字。
  • Sometimes she would not sit down till she was literally faint.有时候,她不走到真正要昏厥了,决不肯坐下来。
13 minor e7fzR     
adj.较小(少)的,较次要的;n.辅修学科;vi.辅修
参考例句:
  • The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
  • I gave him a minor share of my wealth.我把小部分财产给了他。
14 savages 2ea43ddb53dad99ea1c80de05d21d1e5     
未开化的人,野蛮人( savage的名词复数 )
参考例句:
  • There're some savages living in the forest. 森林里居住着一些野人。
  • That's an island inhabited by savages. 那是一个野蛮人居住的岛屿。
15 starry VhWzfP     
adj.星光照耀的, 闪亮的
参考例句:
  • He looked at the starry heavens.他瞧着布满星星的天空。
  • I like the starry winter sky.我喜欢这满天星斗的冬夜。
16 atheist 0vbzU     
n.无神论者
参考例句:
  • She was an atheist but now she says she's seen the light.她本来是个无神论者,可是现在她说自己的信仰改变了。
  • He is admittedly an atheist.他被公认是位无神论者。
17 honourable honourable     
adj.可敬的;荣誉的,光荣的
参考例句:
  • I don't think I am worthy of such an honourable title.这样的光荣称号,我可担当不起。
  • I hope to find an honourable way of settling difficulties.我希望设法找到一个体面的办法以摆脱困境。
18 defiance RmSzx     
n.挑战,挑衅,蔑视,违抗
参考例句:
  • He climbed the ladder in defiance of the warning.他无视警告爬上了那架梯子。
  • He slammed the door in a spirit of defiance.他以挑衅性的态度把门砰地一下关上。
19 miraculous DDdxA     
adj.像奇迹一样的,不可思议的
参考例句:
  • The wounded man made a miraculous recovery.伤员奇迹般地痊愈了。
  • They won a miraculous victory over much stronger enemy.他们战胜了远比自己强大的敌人,赢得了非凡的胜利。
20 Christian KVByl     
adj.基督教徒的;n.基督教徒
参考例句:
  • They always addressed each other by their Christian name.他们总是以教名互相称呼。
  • His mother is a sincere Christian.他母亲是个虔诚的基督教徒。
21 Christians 28e6e30f94480962cc721493f76ca6c6     
n.基督教徒( Christian的名词复数 )
参考例句:
  • Christians of all denominations attended the conference. 基督教所有教派的人都出席了这次会议。
  • His novel about Jesus caused a furore among Christians. 他关于耶稣的小说激起了基督教徒的公愤。
22 cardinal Xcgy5     
n.(天主教的)红衣主教;adj.首要的,基本的
参考例句:
  • This is a matter of cardinal significance.这是非常重要的事。
  • The Cardinal coloured with vexation. 红衣主教感到恼火,脸涨得通红。
23 supremely MhpzUo     
adv.无上地,崇高地
参考例句:
  • They managed it all supremely well. 这件事他们干得极其出色。
  • I consider a supremely beautiful gesture. 我觉得这是非常优雅的姿态。
24 democrat Xmkzf     
n.民主主义者,民主人士;民主党党员
参考例句:
  • The Democrat and the Public criticized each other.民主党人和共和党人互相攻击。
  • About two years later,he was defeated by Democrat Jimmy Carter.大约两年后,他被民主党人杰米卡特击败。
25 unreasonable tjLwm     
adj.不讲道理的,不合情理的,过度的
参考例句:
  • I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
  • They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。
26 fanatic AhfzP     
n.狂热者,入迷者;adj.狂热入迷的
参考例句:
  • Alexander is a football fanatic.亚历山大是个足球迷。
  • I am not a religious fanatic but I am a Christian.我不是宗教狂热分子,但我是基督徒。
27 contrived ivBzmO     
adj.不自然的,做作的;虚构的
参考例句:
  • There was nothing contrived or calculated about what he said.他说的话里没有任何蓄意捏造的成分。
  • The plot seems contrived.情节看起来不真实。
28 thoroughly sgmz0J     
adv.完全地,彻底地,十足地
参考例句:
  • The soil must be thoroughly turned over before planting.一定要先把土地深翻一遍再下种。
  • The soldiers have been thoroughly instructed in the care of their weapons.士兵们都系统地接受过保护武器的训练。
29 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。


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