 A key purpose of using the adjective “logical” is to flag the non-legal character of relevance. As Thayer (1898: 269) famously claimed, relevance “is an affair of logic and not of law.” This is not to say that relevance has no legal dimension. The law distinguishes between questions of law and questions of fact. An issue of relevance poses a question of law that is for the judge to decide and not the jury, and so far as relevance is defined in legal sources (for example, in Federal Rule of Evidence 401 mentioned above), the judge must pay heed to the legal definition. But legal definitions of relevance are invariably very broad. Relevance is said to be a logical, and non-legal, concept in the sense that in answering a question of relevance and in applying the definition of relevance, the judge has necessarily to rely on extra-legal resources and is not bound by legal precedents. Returning to Federal Rule of Evidence 401, it states generally that evidence is relevant if “it has a tendency to make a fact more or less probable than it would be without the evidence”. In deciding whether the evidence sought to be adduced does have this tendency, the judge has to look outside the law. Thayer was most insistent on this. As he put it, “[t]he law furnishes no test of relevancy. For this, it tacitly refers to logic and general experience” (Thayer 1898: 265). That the accused’s favorite color is blue is, barring extraordinary circumstances, irrelevant to the question of his intention to commit theft. It is not the law that tells us so but “logic and general experience”. On Thayer’s view, the law does not control or regulate the assessment of relevance; it assumes that judges are already in possession of the (commonsense) resources to undertake this assessment.