SECT. 30.] Modality. 325 



be secured, its importance could hardly be overrated. But 

 so far as one may judge from the speeches of counsel, the 

 charges of judges, and the verdicts of juries, nothing really 

 deserving the name is ever attained. 



30. The nearest approach, perhaps, to a recognized 

 standard is to be found in the frequent assurance that juries 

 are not bound to convict only in case they have no doubt of 

 the guilt of the accused; for the absolute exclusion of all 

 doubt, the utter impossibility of suggesting any counter 

 hypothesis which this assumes, is unattainable in human 

 affairs. But, it is frequently said, they are to convict if 

 they have no reasonable doubt/ no such doubt, that is, 

 as would be a hindrance to acting in the important affairs 

 of life. As a caution against seeking after unattainable 

 certainty, such advice may be very useful ; but it need 

 hardly be remarked that the certainty upon which we act in 

 the important affairs of life is no fixed standard, but varies 

 exceedingly according to the nature of those affairs. The 

 greater the reward at stake, the greater the risk we are 

 prepared to run, and conversely. Hardly any degree of cer 

 tainty can exist, upon the security of which we should not 

 be prepared to act under appropriate circumstances 1 . 



Some writers indeed altogether deny that any standard, 

 in the common sense of the word, either is, or ought to be, 

 aimed at in legal proceedings. For instance, Sir J. F. 



1 As Mr C. J. Monro puts it : not do this would very often prevent 

 &quot; Suppose that a man is suspected of a Chancery judge from appointing 

 murdering his daughter. Evidence the man guardian to a ward of the 

 which would not convict him before court ; evidence which would not 

 an ordinary jury might make a grand affect the judge s mind might make 

 jury find a true bill ; evidence which a father think twice on his death- 

 would not do this might make a bed before he appointed the man 

 coroner s jury bring in a verdict guardian to his daughter.&quot; 

 against him ; evidence which would 



