process. Particulars alone are capable of being subjected to observation; and all knowledge which is derived from observation, begins, therefore, of necessity, in particulars; but our knowledge may, in cases of certain descriptions, be conceived as coming to us from other sources than observation. It may present itself as coming from testimony, which, on the occasion and for the purpose in hand, is accepted as of an authoritative character: and the information thus communicated, may be conceived to comprise not only particular facts but general propositions, as when a scientific doctrine is accepted without examination on the authority of writers, or a theological doctrine on that of Scripture. Or the generalization may not be, in the ordinary sense, an assertion at all, but a command; a law, not in the philosophical, but in the moral and political sense of the term: an expression of the desire of a superior, that we, or any number of other persons, shall conform our conduct to certain general instructions. So far as this asserts a fact, namely, a volition of the legislator, that fact is an individual fact, and the proposition, therefore, is not a general proposition. But the description therein contained of the conduct which it is the will of the legislator that his subjects should observe, is general. The proposition asserts, not that all men are any thing, but that all men shall do something.
In both these cases the generalities are the original data, and the particulars are elicited from them by a process which correctly resolves itself into a series of syllogisms. The real nature, however, of the supposed deductive process, is evident enough. The only point to be determined is, whether the authority which declared the general proposition, intended to include this case in it; and whether the legislator intended his command to apply to the present case among others, or not. This is ascertained by examining whether the case possesses the marks by which, as those authorities have signified, the cases which they meant to certify or to influence may be known. The object of the inquiry is to make out the witness’s or the legislator’s intention, through the indication given by their words. This is a question, as the Germans express it, of hermeneutics. The operation is not a process of inference, but a process of interpretation.