Induction has this capacity to discover new truths because it involves reaching
conclusions by inference about unobserved things on the basis of what has
been observed.
These inferences have three settings. They may consist of
and history. They may constitute inferences from present time to future time –
the sun rose today and will rise tomorrow. They may include inferences across
space rather than time. In
conclusions about the whole universe
are drawn from what we are able to observe from within our own galaxy; in the
social sciences
an inference of a general law applicable everywhere is made
from observations in particular places.
Use
In law induction is used in three tasks:
(1)
Ascertaining values to be used in common law.
(2)
Ascertaining causal laws.
(3)
Proving facts.
Ascertaining Values
Introduction
Induction is used in legal reasoning to ascertain values mainly for creation,
modification, extension or interpretation of a common law rule.
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The
common form of induction involves reasoning from the particular to the
general. It takes the following form:
Premise
In all observed instances X has property Y.
Conclusion
In all instances X has property Y.
Figure 6.4 Generalisation
There are two common errors with generalisation –
hasty generalisation and
biased sample. These make the generalisation less justifiable.
There are at least two possibilities for this type of reasoning.
(1)
One can argue from certain instances of a wrong that receives redress to
a general rule that covers the instances so far encountered as well as additional
instances.
(2)
One can argue from specific areas of law concerned with wrongs,
namely tort and criminal law, to a general moral prohibition on wrong doing.
Arguing from Instances of Redress to a General Rule
One use of induction is to argue from instances of legal redress for certain
instances where a wrong is redressed to a general concept of the wrong. A
good illustration is found in Donoghue v Stevenson, the landmark case that
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Moore (1991)
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