Abstract
I DID not imagine that my letter would be taken as an attempt to supersede the present methods of determining validity. I intended it as a contribution to the theory which underlies the enormous volume of our case-law on the subject. Surely, as in other cases of the progress from empiricism to science, the first step must be in the direction of mathematical or symbolic expression of the facts. The value of such a symbolism is two fold: first, as an aid to precision of thought; and second, as a preliminary to generalisation. It is a vital principle of English law that all decisions shall harmonise with precedents as much as possible, and on this account alone anything should be of value which assists in formulating generalisations. We admit the value of theory in the physical sciences, apart from immediate practical results: why should an attempt to develop a theory of law be condemned because it does not at once do away with the functions of the judge?
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POTTS, H. An Application of Mathematics to Law. Nature 91, 270 (1913). https://doi.org/10.1038/091270c0
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DOI: https://doi.org/10.1038/091270c0
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