The Theological Seminary and Jural Science -- By: F. J. Lamb
BSac 72:286 (April 1915) p. 283
The Theological Seminary and Jural Science
Evidently the Christian apologetics of the present time does not move along the lines marked out by the Science of Jurisprudence, and does not give due weight to its principles in dealing with evidence. It is, therefore, important to examine the relations which that science sustains to the problems which present themselves to the Christian believer.
Jurisprudence, however defined, has a base in the fundamental proposition that right and justice depend on fact and verity; and whenever controversy as to right or justice is brought into its forum, the primary quest of the science is the ascertainment and establishment of the fact or verity on which right or justice depends. The ascertainment and establishment of the fact or verity in controversy is accomplished by employing the methods, rules, and processes by which the science is operated in its administration.
We are not here primarily concerned with the general power of Jural Science, but are deeply interested in its operative functions by which that science discriminates truth from error and establishes fact and verity.
The process or instrumentality that is of controlling potency in operating Jural Science is known as “the issue.” Whenever an alleged fact or right is controverted, Jural Science is available for determining the controversy. This it
BSac 72:286 (April 1915) p. 284
does by requiring the alleged fact or right to be stated as an affirmative proposition; and that proposition, denied by opponent, makes “the issue.” It presents the specific question: Is the alleged fact or right verity? That question can be answered only by proof. Stated fundamentally in briefest form, Proof is the product of evidence. Evidence is not a specific entity; but that is evidence which assists the investigator in ascertaining the truth of the fact or point in issue. Whatsoever reality is related to the subject under inquiry may become evidence, because of its capacity to assist the inquirer in ascertaining verity regarding the fact or truth sought or in controversy, which verity when ascertained is proof — the function of evidence. Thus apprehended, there is no limit to the scope of what may be evidence.
On the basal fact that evidence is the real and only real medium of proof, Jurisprudence determines the most momentous questions that can concern humanity, even those of life and death. When “the issue” is tried by a jury, the oath administered to and taken by each juror shows this. It is that the juror will well and truly try the issue (describing it), and a true verdict (render thereon according to the evidence given him. Further, Jural Sc...
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