My belief is that there is such a role, but it is distinct from that played when the modalities conflict. Suppose, for example, that there is conflicting historical evidence about the intent evidenced by a certain revision at the Constitutional Convention. Madison's notes suggest one set of facts; other accounts differ from this. Once the decider has conscientiously applied the canons of historical judgment to no avail, she must resort to conscience, by which I mean the unreasoning decision itself. The difference between this situation and that of a conflict between (or among) the modalities, rather than within a single one, is that some fact-iu the example given, the discovery of clarifying notes that resolve the conflict-can always appear to bring harmony within a modality, whereas no fact can accomplish this among different forms of argument.

Philip Chase Bobbitt, Philip Chase Bobbitt - Refl…, loc. 515