First, the assembling of several individuals of typical capacity
never affords a guarantee of collective capacity, for in
psychology a meeting of individuals is far from being equivalent
to the aggregate of their qualities. As in chemistry the
combination of two gases may give us a liquid so in
psychology the assembling of individuals of good sense may give us
a body void of good sense. This is a phenomenon of psychological
fermentation, by which individual dispositions, the least good and
wise, that is the most numerous and effective, dominate the better
ones, as the rule dominates the exceptions. This explains the
ancient saying, ``The senators are good men, but the Senate is a
mischievous animal.''
And this fact of collective inferiority, not to say degeneracy, is
observed in casual assemblies, such as juries, meetings, and the
like, far more than in organised and permanent councils of judges,
experts, &c.
Secondly, the jury, even when composed of persons of average
capacity, will never be able in its judicial function to follow
the best rules of intellectual evolution.
Human intelligence, in fact, both individual and collective,
displays these three phases of progressive development: common
sense, reason, and science, which are not essentially different,
but which differ greatly in the degree of their complexity.
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