We always pursue absolute truth, but we never achieve it. A wise man once said, follow the man who seeks the truth; flee the man that finds it. People who claim to have the truth are dangerous.
That is why, John Stuart Mill argues we must always ensure that our opinions are never absolute. Opinions must always be provisional. They must always be open for genuine debate, because we might be wrong. We do this for ourselves as well as for others. We do that so that we can have the greatest possible confidence in our opinions. If we don’t keep our “truths” provisional, we have a greater chance of being wrong. And that is a chance we are never justified in taking. Once we close our mind to debate we close it to possible correction by the truth.
How would you like to cross a bridge that had been designed by an architect or engineer whose mind was closed to the possibility that he might be wrong and therefore was never willing to listen to any possible counter argument? As Mill said,
The whole strength and value, then, of human judgment, depending on the one property, that it can be set right when it is wrong, reliance can be placed on it only when the means of setting it right are kept constantly at hand. In the case of any person whose judgment is really deserving of confidence, how has it become so? Because he has kept his mind open to criticism of his opinions and conduct. Because it has been his practice to listen to all that could be said against him; to profit by as much of it as was just, and expound to himself, and upon occasion to others, the fallacy of what was fallacious. Because he has felt, that the only way in which a human being can make some approach to knowing the whole of a subject , is by hearing what can be said about it by persons of every variety of opinion, and studying all modes in which it can be looked at by every character of mind. No wise man ever acquired his wisdom in any mode but this; nor is it in the nature of human intellect to become wise in any other manner
The wisest men or women are always open to correction. Everyone makes mistakes so everyone must be open to stand corrected. If you know someone who is not open to correction you would be wise to steer clear of believing that person.
This of course is the attitude of what we expect of the ideal judicial mind. This is like the ideal observer of moral theory, and is just as important. We expect it to be open at all times to the encroachment of truth, no matter how inimical, no matter how unlikely, no matter how surprising. Judges must keep an open mind. Judges must never prejudge. Judges must be persuaded by evidence, rational argument, and reasoning. Each of us must at all times seek to attain this judicial temperament when we make decisions. Of course, if our decisions affect only our selves, we can be as cavalier as we want. When our decisions affect others, we must be more disciplined.
That is also why judges should always listen to both sides of a dispute and consider all arguments. A Good advocate is a judge’s best friend. Good judges know that good advocates must be encouraged and must be allowed to do all they need to do to prepare their case in the most effective manner possible. Good judges will always allow that.
Sadly, of course, not all flesh and blood judges meet these high standards. We see that every day. Only our spouses achieve absolute truth. Judges like the rest of us make mistakes. But we must always try to do the best we can. Therefore, presumptions must be kept to an absolute minimum. We must not prejudge. When we have no choice but to make a presumption, we must always be on alert to reject it as soon as contrary evidence or argument is presented. To add to the sadness, judges are expected to maintain an open mind, yet the common law imposes on them a rule of stare decisus. That is the rule that judges must follow the precedent decisions of higher courts. That is intolerable for us. We must not follow anything except our reasoning and the evidence. This rule has no place in our decision-making, though, the ideal judicial temperament has a place of honour.
As a result of this method, that I am calling the judicial method, has the best chance to leading to truth. As Mill said, “The steady habit of correcting and completing his own opinion by collating it with those of others, so far from causing doubt and hesitation in carrying it into practice, is the only stable foundation for a just reliance on it.” If this method is not scrupulously followed the decision maker has the strongest chance of making a mistake. As Mill said, “knowing that he has sought for objections and difficulties, instead of avoiding them, and has shut out no light which can be thrown upon the subject from any quarter—he has a right to think his judgment better than that of any person, or any multitude, who have not gone through a similar process.” When such a judicial approach is applied to a search for truth, the decision maker is entitled to have a restful sleep about the decision he or she must make.
Mill pointed out that even the Roman Catholic Church, “the most intolerant of churches” employs a devil’s advocate when it wants to obtain certainty in order to canonize someone. So does the judicial system which is essentially adversarial—someone speaks as advocate for all sides. The better those advocates, the more likely the judge will make the right decision. It pays to listen to all sides. Here is Mill’s conclusion, “The beliefs which we have most warrant for have no safeguard to rest on, but a standing invitation to the whole world to prove them unfounded.”
That’s why free speech is so important. We should be able to listen to all opinions.