11.
INDUCTION
a) Simple Enumeration as a form of induction.
b) Analogy – characteristic of a good and bad analogy.
a) Simple Enumeration as a form of induction.
b) Analogy – characteristic of a good and bad analogy.
c)
Use of simple enu,eration and analogy in law – circumstantial
evidence.
Induction
is a type of inference where we go from known to unknown or from
less general to more general. Here, from the things that are known,
we say something about things that are not known. This is the reason
why in induction we always say something more than what we already
know of.
So,
Induction, a form of argument in which the premises give
grounds for the conclusion but do not make it certain. Induction is
contrasted with deduction, in which true premises imply a definite
conclusion, the conclusion of Induction is always probable. The
probability rate changes as per strength of evidence.
Unlike
deductive arguments, inductive reasoning allows for the possibility
that the conclusion is false, even if all of the premises are true.
Induction
is of two types, perfect and imperfect. Perfect
induction takes support of deduction in later stages to establish a
certain conclusion, while imperfect induction does not do this.
The
two types of imperfect induction are, Simple enumeration and
Analogy.
a)
Simple Enumeration as a form of induction.
Simple
enumeration is a method of arriving at a generalization on
the basis of uniform uncontradicted observation of something.
While
using this method, we observe a number of instances that agree in
some quality. During our observation, we do not find any contrary
instance. So, we arrive at a conclusion that as far as that thing is
concerned, there are no contrary instances. Then we get a general
proposition as a conclusion.
We
do not verify our conclusion further or try to analyze the events in
order to find any logical relationship in these common similar
events.
This
is the reason why even when our observation is wide, it still stays
imperfect. This is because our method is a method of SIMPLE
enumeration and not COMPLETE enumeration. In complete enumeration,
since we have observed all instances from a group about which we are
talking, there is no chance of coming across a contrary instance. But
this is not the condition of simple enumeration.
In
simple enumeration, conclusion can be disproved by observing just one
single contrary instance. So, wider the observation, greater is the
probability of an inference by simple enumeration.
The
conclusion by simple enumeration is highly probable when the
number of observed instances is really high.
But
if one is arriving at a conclusion on the basis of very limited
observation, the conclusion is less probable and hence, it is
termed as hasty generalization or illicit generalization.
Many
times we find that people arrive at hasty generalizations in
determining some vital things in their daily life.
b)
Analogy –
Analogy
is a type of imperfect induction where we are comparing
two things, persons, groups or classes. while doing so, we observe
some similarities and on the basis of these, we infer some further
similarity, as we find an additional quality in one of the two
compared things, persons, groups or classes.
Many
times, we observe or compare two things, events, groups, individuals,
things, etc. etc, observe some similarities, and then, infer some
further similarity. We have no logical reason why we get such a
conclusion, but we simply rely on our observation. This is how
analogy works.
Characteristic
of a good and bad analogy.
Here,
if the observed similarities are relevant to the additional quality,
then our conclusion is likely to be true and we may say that Analogy
is good Analogy.
But
if the observed qualities are not relevant to the additional quality,
then our conclusion about predicting the additional similarity is not
likely to be true, so, we say that such an analogy is Bad Analogy.
c)
Use of Simple Enumeration and Analogy in law:
in
circumstantial evidence & getting precedents.
In
law, we need to use simple enumeration and Analogy to
infer things from circumstantial evidence. Of them analogy is more
useful in legal matters. Also, while using precedent law, we
use analogy to indicate the support of past decided cases in our
matter.
When
we see a person following some pattern of behavior or thinking or
actions, while talking of the Modus Operandi of that
person, we use simple enumeration as we talk of the
generalized pattern of behavior of that person.
This
is the method followed by criminal investigators quite often.
They
determine the Modus Operandi of a criminal to find out the
criminal and / or to track the criminals. This is a very common
practice used by the police in registering the crime record of
certain criminals while maintaining their files.
While
contesting any matter, the lawyers use analogy in arguing about
similar matters, or actions done by an individual in similar
situations, to infer about the truth of the statement given by any
witness.
For
example, if it is shown that the witness had reacted in a particular
way in the past in similar situations, or has reacted in a particular
way in similar situation created in court, then, one can infer that
he must have reacted exactly in same way when the actual event had
happened that the witness was witnessing.
This
type of inference adds to the weight-age in argument in court.
Similarly,
when we are arguing any matter, we may come across previously decided
matters of same type in the same court, or higher court or another
court. We use the citation of these matters as case law or precedent
law to lead the judge to the conclusion we want, and the procedure of
inductive argument that we use in this type of matter is of analogy.
This is why is is said that Analogy is of great use in legal
arguments.