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 Peg's
Polemic
Every
month, philosopher Peg Tittle casts off the calm, measured and qualified
style of her profession to deliver her opinionated and impassioned
column, exclusively for the TPM philosophy café...
Number
4. Opinions,
Judges, and Juries
Why
is it that a prerequisite for being a jury member is that you have
no opinion about the case - in particular or in general.
Only airheads need apply.
There
are no such prerequisites for judges. So either the system is just
inconsistent (ho-hum) or judges are trained to set aside their biases
in order to render a fair judgement.
1.
Then why are judges selected (hired) according to those very biases?
2.
Some judgements certainly constitute evidence to the contrary, i.e.,
that judges are not so trained.
3.
Let's define our terms, specifically 'opinion' and 'bias'. An opinion
is exactly what we want from judges and juries--though we want,
preferably, a good opinion, one that is based on reasons,
relevant and adequate reasons. A bias is also an opinion, but it's
a bad opinion, one not based on relevant and adequate reasons.
4.
So that kind of clear thinking, the formation of good opinions,
requires training?
5.
That jury members aren't expected or required to have?
6.
Yet they are, nevertheless, considered to be an acceptable equivalent
to the judge?
Which
brings me to a jury of my peers. At the risk of inviting
insult, airheads are not my peers. If clear thinking does
require specific training, then that should be a prerequisite
for jury membership. (Actually, that might not even be good enough:
I've taught "Clear Thinking" [PHIL2505] at the university level
and was dumb-founded at the difficulty most students had with the
course - I recall one fourth year student in particular struggling
with the difference between 'A because B' and 'A therefore B'. Struggling.
Fourth year.)
And
if clear thinking doesn't require specific training, then the presence,
not the absence, of opinions - good opinions (recall my definition,
a good opinion is not an opinion I agree with but an opinion which
is based on relevant and adequate reasons) - should be prerequisite.
Pity,
'opinionated' has become such a dirty word. (Only in Canada?)
Peg's
Polemic will next be updated on March 1st 2001
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