oSi il\y:moxd j. xog.vr 



special and even technical usage of the term "" fact "' in the 

 sciences and the arts, he finds the word taking on refined and 

 special meanings, sometimes quite incomprehensible and seem- 

 ingly contrary to popular usage. Metaphor, analogies and 

 sometimes equivocation enter into the use of common terms 

 in specialized fields. The term " fact " has not escaped ana- 

 logous and even equivocal modification in its use by the sciences 

 and the arts.'-^ 



For example, in legal cases, certainty is not required for ad- 

 judication. In the words of Hart and McXaughton: 



In a criminal case, guilt need not be found beyond all doubt. The 

 trier of the fact must be satisfied of the defendant's guilt only 

 " beyond a reasonable doubt." In a civil case, the facts are ordi- 

 narily to be found on the basis of " a preponderance of evidence "; 

 this phrase is generally defined as meaning simply '* more likely 

 than not." The question for the trial judge is whether a " reason- 

 able jury " on the evidence submitted could find that the facts 

 have been proved by a preponderance of the evidence . . .-' 



That compiling e^^dence and making inferences in criminal and 

 ci%*il law cases should have this quality of uncertainty about 

 its " facts ■"' is widely known and rather expected. We would 

 expect something quite different, however, when we consider 

 the e\'idence and inferences proper to the " exact sciences '' 

 of physics and chemistri'. In the physical and natural sciences: 



Observation is just opening one's eyes and looking. Facts are 

 simply the things that happen; hard, sheer, plain and unvarnished 



16 



At one time in the not too distant past, the meaning of fact in 

 the physical and natural sciences did seem to be quite "' sheer, 

 plain and unvarnished." The scientist discovered empirical 

 facts, formulated laws generalizing the observed facts, and or- 

 ganized the laws into s^^lthetic theories."" Without much ad- 



^* Cf. Evidence and Inference, ed. bv D. Lemer (Glencoe, 111.. 1958) . 



' Ibid^ p. 53. 



' E. Mach's words as quoted in X. R. Hanson, Patterns of Discovery. (^Cam- 

 bridge, 195S; , p. 31. 



-• Ci. L. de Broglie, Matter and Light (New York, 1939,) p. IS. 



15 

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