Whatever Happened to Justice Ch 8

Democritus and the Atom

• Democritus, a Greek mathematician from 400 BC, discovered that matter is composed of atoms.
• He deduced this through logic, without advanced technology.
• Atoms differ in form and position and are constantly moving.
• They group together to form molecules.

Common Law and Logic

• Early judges, like Democritus, sought to discover universal principles, not just in physics, but also morality.
• Common law judges focused on principles for fair use of force, aiming to penalize only harmful acts.
• Thomas Paine highlighted the importance of discovering, rather than creating, principles. Science and common law share this premise.
• Judges acted as philosopher-scientists, discovering and applying moral principles in court.

Common Law as a Science

• Common law, seen as a repository of wisdom, was widely studied.
• The law was viewed as a science with lasting, logical principles, contributing to reliable economic stability.
• Colonists regarded common law as embodying principles of justice, equity, and rights, in addition to being a form of ancient, constitutional history.
• Educated Americans understood and studied common law.
• British statesman Edmund Burke observed that significant numbers of Americans deeply studied law.

Lawyers and Logic

• Skilled judges aimed for logical consistency with fundamental laws (do what you agreed to and don't trespass).
• Abraham Lincoln famously valued Euclid's Geometry for its logical principles.
• Lincoln's commitment to logic was instrumental in his legal career.
• The certainty of common law, stable over centuries, was a powerful stabilizing force in the American economy.

Education and Literacy

• Early Americans were highly literate and engaged with complex concepts, even if measured by modern standards.
• Thomas Paine's "Common Sense" had exceptional influence, estimated to have sold 150,000–500,000 copies in a small population.
• Thomas Gage, a British general in 1774-75, observed this high level of political and legal literacy, lamenting Americans' resistance to manipulation.

Scientific Method

• Science, according to Carl Sagan and Ann Druyan, operates on open inquiry and rigorous scrutiny.
• Arguments based on authority are not accepted, evidence must be presented for evaluation.
• There is error-correction in the process and a valuing of diverse viewpoints.
• Science provides measurable accuracy and predictability (e.g., eclipses, medical outcomes).