dukeh016 post=18.69843.673522 said:
Wrong. Courts behave that way because they aren't individuals. No one can live their lives stuck in uncertainty
Of course we can! If someone asked me "Well what do you think of the works of Ayn Rand?" I would without doubt say "I havn't got the faintest clue because I havn't read a single of her works. I certainly wouldn't say "Oh I bloody well hate/love them" just because I
must give a Yay or Nay. Such a notion is down right rediculous!
dukeh016 post=18.69843.673522 said:
We must, at some point or another, make an assertion that cannot be backed up by proper evidence.
No we must not. If we don't know, we can - and
should - say just that: "I don't know, so I don't have an opinion".
dukeh016 post=18.69843.673522 said:
Arguably, the court didn't have enough evidence, but yet it still made the decision because it had to. The law couldn't exist in limbo, just as the human mind cannot function in societal limbo.
The law does not live in limbo just because sufficient evidence isn't precented, because there is a default. The default in all free countries is just that: freedom. Unless something isn't specfically forbidden by law or regulation, you are free to do anything you want. Hence, when you come to court as a defendant, the default is that you shall walk out of there again as a free man. The only thing that can make it not so is if the prosecutor presents compelling evidence that shows you should not do so. If the prosecutor fails to present this evidence, you're free to go.
Maybe the confusing part here is the difference beween "lack of evidence of guilt" and "evidence of innocense". Innocent Until Proven Guilty does not mean that lack of evidence of guilt means that the court says that you did not do the things you were accused of. Lack of evidence simply means it cannot be
proven that you did it. Whether or not you actually did it remains an open question, but the court cannot send you to jail over it.
And human individuals can most certainly reason the same way. If I don't know, then I simply do not know. "Hey S, what do you think about this murder case that has been written about all over the papers". "Well I wasn't there so I havn't got the faintest idea". "Aw come on, You must have an opinion! What do you think, is she guilty or not?" "I don't know, I have no opinion!"
What's so odd about that?
As for myself, being a technologist and a natural scientist, I
hate having opinions when I don't have something solid to base them on. If nothing else because I risk ending up in a situation where someone in a devastating and irrefutable manner proves that my opinion was utterly wrong. I - just like anyone else - hate being wrong. Hence, I do what I can to not put me in such situations by not having opinions about things I don't know anything about.
/S