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which is the name of the unforgotten old German sea…deity。
Against such combinations； external and unjustified； not even the most educated and skilful is safe。 Nobody will doubt that he is required to make considerable effort in his causal interpretation because of the sub…conscious influence of such similarities。 The matter would not be so dangerous； all in all； because such mistakes may be easily corrected and the attention of people may be called to the inadequacy of such causationbut the reason for this kind of correlations is rarely discovered。 Either people do not want to tell it because they instinctively perceive that their causal interpretation cannot be justified； or they cannot even express it because the causal relation had been assumed only subconsciously； and they are hence unaware of the reasons for it and all the more convinced that they are right。 So for example； an intelligent man told me that he suspected another of a murder because the latter's mother died a violent death。 The witness stuck to his statement： ‘‘the man who had once had something to do with killing must have had something to do with this killing。'' In a similar manner； a whole village accused a man of arson because he was born on the night on which a neighboring village burned down。 Here； however； there was no additional argument in the belief that his mother had absorbed the influence of the fire inasmuch as the latter was told that there had been a fire only after the child was born。 ‘‘He once had something to do with fire；'' was the basis of the judgment； also in this case。
There are innumerable similar examples which； with a large number of habitual superstitious presuppositions； make only false causality。 Pearls mean tears because they have similar form； inasmuch as the cuckoo may not without a purpose have only two calls at one time and ten or twenty at another； the calls must mean the number of years before death； before marriage； or of a certain amount of money； or any other countable thing。 Such notions are so firmly rooted in the peasantry and in all of us； that they come to the surface； whether consciously or unconsciously； and influence us more than we are accustomed to suppose they do。 Whenever anybody assures us that he is able to assert absolutely； though not altogether prove a thing； this assurance may be variously grounded； but not rarely it is no more than one of these false correlations。 Schopenhauer has said； that ‘‘motivation is causality seen from within；''and one may add conversely that causality is motivation seen from without。 What is asserted must be motivated； and that is done by means of causalityif no real ultimate cause is found a false； superficial and insufficient one is adopted； inasmuch as we ever strive to relate things causally； in the knowledge that； otherwise； the world would be topsy…turvy。 ‘‘Everywhere；'' says Stricker； ‘‘we learn that men who do not associate their experiences according to right cause are badly adapted to their environment； the pictures of artists are disliked； the laborer's work does not succeed； the tradesman loses his money； and the general his battle。 And we may add； ‘‘The criminalist his case。'' For whoever seeks the reason for a lost case certainly will find it in the ignorance of the real fact and in the incorrect cordination of cause and effect。 The most difficult thing in such cordination is not that it has to be tested according to the notion one has for himself of the chain of events； the difficulty lies in the fact that the point of view and mental habits of the man who is suspected of the effects must be adopted。 Without this the causal relations as they are arrived at by the other can never be reached； or different results most likely ensue。
The frequency of mistakes like those just mentioned is well known。 They affect history。 Even La Rochefoucauld was of the opinion that the great and splendid deeds which are presented by statesmen as the outcome of far…reaching plans are； as a rule； merely the result of inclination and passion。 This opinion concerns the lawyer's task also； for the lawyer is almost always trying to discover the moving； great； and unified plan of each crime； and in order to sustain such a notion； prefers to perfect a large and difficult theoretic construction； rather than to suppose that there never was a plan； but that the whole crime sprang from accident； inclination； and sudden impulse。 The easiest victims in this respect are the most logical and systematic lawyers； they merely presuppose； ‘‘I would not have done this'' and forget that the criminal was not at all so logical and systematic； that he did not even work according to plan； but simply followed straying impulses。
Moreover； a man may have determined his causal connections correctly； yet have omitted many things； or finally have made a voluntary stop at some point in his work； or may have carried the causal chain unnecessarily far。 This possibility has been made especially clear by J。 S。 Mill； who showed that the immediately preceding condition is never taken as cause。 When we throw a stone into the water we call the cause of its sinking its gravity； and not the fact that it has been thrown into the water。 So again； when a man falls down stairs and breaks his foot； in the story of the fall the law of gravity is not mentioned； it is taken for granted。 When the matter is not so clear as in the preceding examples； such facts are often the cause of important misunderstandings。 In the first case； where the immediately preceding condition is _*not_ mentioned； it is the inaccuracy of the expression that is at fault； for we see that at least in scientific form； the efficient cause is always the immedi… ately preceding condition。 So the physician says； ‘‘The cause of death was congestion of the brain in consequence of pressure resulting from extravasation of the blood。'' And he indicates only in the second line that the latter event resulted from a blow on the head。 In a similar manner the physicist says that the board was sprung as a consequence of the uneven tension of the fibers； he adds only later that this resulted from the warmth； which again is the consequence of the direct sunlight that fell on the board。 Now the layman had in both cases omitted the proximate causes and would have said in case 1； ‘‘The man died because he was beaten on the head；'' and in case 2 ‘‘The board was sprung because it lay in the sun。'' We have； therefore； to agree to the surprising fact that the layman skips more intermediaries than the professional； but only because either he is ignorant of or ignores the intervening conditions。 Hence； he is also in greater danger of making a mistake through omission。
Inasmuch as the question deals only with the scarcity of correct knowledge of proximate causes； we shall set aside the fact that lawyers themselves make such mistakes； which may be avoided only by careful self…training and cautious attention to one's own thoughts。 But we have at the same time to recognize how important the matter is when we receive long series of inferences from witnesses who give expression only to the first and the last deduction。 If we do not then examine and