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A shipowner was about to send to sea an emigrant-ship. He know that she was old, and not over-well built at the first; that she had seen many seas and climes, and often had needed repairs. Doubts had been suggested to him that possibly she was not seaworthy. These doubts preyed upon his mind and made him unhappy; he thought that perhaps he ought to have her thoroughly overhauled and refitted, even though this should put him to great expense. Before the ship sailed, however, he succeeded in overcoming these melancholy reflections. He said to himself that she had gone safely though so many voyages and weathered so many storms, that it was idle to suppose she would not come safely home from this trip also. He would put his trust in Providence, which could hardly fail to protect all these unhappy families that were leaving their fatherland to seek for better times elsewhere. He would dismiss from his mind all ungenerous suspicions about the honesty of builders and contractors. In such a way he acquired a sincere and comfortable conviction that his vessel was thoroughly safe and seaworthy; he watched her depature with a light heart, and benevolent wishes for the success of the exiles in their strange new home that was to be; and he got his insurance-money when she went down in mid-ocean and told no tales.
What shall we say of him? Surely this, that he was verily guilty of the death of those men. It is admitted that he did sincerely believe in the soundness of his ship, but the sincerity of his conviction can in nowise help him, because he had no right to believe on such evidence as was before him. He had acquired his belief not by honestly earning it in patient investigation, but by stifling his doubts.
An interesting quote. It essentially puts forward the "reasonable person" legal theory. But that's not what's interesting about it.
The shipowner is pronounced "verily guilty" solely on the basis of his thought processes. He had doubts, he extinguished them, and that's what makes him guilty. We don't know whether the ship was actually seaworthy -- only that the shipowner had doubts. If he were an optimistic fellow and never even had these doubts in the first place, would he still be guilty? We don't know what happened to the ship -- only... (read more)