A different attitude was shown by the Supreme Court of the United

States in its reception of the brief filed by Mr. Louis D. Brandeis

on behalf of the constitutionality of an Oregon statute limiting

woman’s work to ten hours a day. Besides decisions, he included the

legislation of many States and of European countries. Then follow

extracts from over ninety reports of committees, bureaus of statistics,

commissioners of hygiene, inspectors of factories, both in this country

and in Europe, to the effect that long hours of labour are dangerous

for women, primarily because of their special physical organization.

Following them are extracts from similar reports discussing the general

benefits of shorter hours from the economic aspect of the question.

Justice Brewer said:

“The legislation and opinions referred to in the margin may not

be, technically speaking, authorities, and in them is little or

no discussion of the constitutional question presented to us for

determination, yet they are significant of a widespread belief

that woman’s physical structure, and the functions she performs in

consequence thereof, justify special legislation restricting or

qualifying the conditions under which she should be permitted to

toil. Constitutional questions, it is true, are not settled by even

a consensus of present public opinion, for it is a peculiar value of

a written constitution that it places in unchanging form limitations

upon legislative action, and thus gives a permanence and stability

to popular government which otherwise would be lacking. At the same

time, when a question of fact is debated and debatable, and the extent

to which a special constitutional limitation goes is affected by the

truth in respect to that fact, a widespread and long continued belief

concerning it is worthy of consideration. We take judicial cognizance

of all matters of general knowledge.” (Muller _v._ Oregon, 208 U. S.

412, 420, 1907.)

The decision displays two qualities which are characteristic of the

winning counsel since his elevation to the bench; it keeps its eye

on the object instead of devoting itself to abstract conceptions,

and it emphasizes the interest of society in new forms of protection

against poverty, disease, and other evils. To these social interests,

the property of the individual must often be partly sacrificed and in

recent years we have seen the courts upholding the guarantee of bank

deposits, State regulation of insurance rates, and suspension of the

right of landlords to recover unreasonable rents or dispossess their

tenants. All this would have been regarded as impossible fifty years

ago.

These extensions of governmental power over property have been

accompanied by legislation severely restricting freedom of discussion

of still more radical types of State control. It is argued that the

right of free speech must face limitation like the right of the

landlord. The true policy is exactly the opposite. Not only is it

unjust for the State to carry out one form of confiscation while

severely punishing the discussion of another form, but in an age of

new social devices the widest liberty for the expression of opinion

is essential, so that the merits and demerits of any proposed plan may

be thoroughly known and comparisons made between it and alternative

schemes, no matter how radical these alternatives may be. A body of law

that was determined to stand still might discourage thought with no

serious damage; but law which is determined to move needs the utmost

possible light so that it may be sure of moving forward.

No one has expressed so well the new importance of social interests,

and the value of freedom of speech; no one, indeed, has expressed so

nobly the task and hopes of American Law, as the man of whom it is said

that among the long list of American judges, he seems “the only one

who has framed for himself a system of legal ideas and general truths

of life, and composed his opinions in harmony with the system already

framed.” (John H. Wigmore, “Justice Holmes and the Law of Torts,” 29

Harv. L. Rev. 601.) Yet no one has been more cautious than Justice

Holmes in warning us not to expect too much from law.

“The law, so far as it depends on learning, is indeed, as it has

been called, the government of the living by the dead. It cannot be

helped, it is as it should be, that the law is behind the times. As law

embodies beliefs that have triumphed in the battle of ideas and then

have translated themselves into action, while there is still doubt,

while opposite convictions still keep a battle front against each

other, the time for law has not come; the notion destined to prevail is

not yet entitled to the field.” (“Collected Legal Papers,” 138, 294.)

It is the work of the present generation of American lawyers to be sure

that the right side wins in the many conflicts now waging. We cannot

be certain that the law will make itself rational, while we remain as

inactive as in the past, absorbed in our own routine, and occasionally

pausing to say, “All’s right with the world”; for, to quote Holmes

once more, “The mode in which the inevitable comes to pass is through

effort.”

ZECHARIAH CHAFEE, JR.

EDUCATION

If Henry Adams had lived in the 13th century he would have found

the centre of a world of unity in the most powerful doctrine of the

church, the cult of the Virgin Mary. Living in the 19th century he

sums up his experience in a world of multiplicity as the attempt to

realize for himself the saving faith of that world in what is called

education. Adams was not the first to be struck with the similarity of

the faiths of the mediæval and the modern world. This comparison is

the subject of an article by Professor Barrett Wendell published in

the _North American Review_ for 1904 and entitled “The Great American

Superstition”:

“Undefined and indefinite as it is, the word education is

just now a magic one; from the Atlantic to the Pacific, it

is the most potent with which you can conjure money out of

public chests or private pockets. Let social troubles declare

themselves anywhere, lynchings, strikes, trusts, immigration,

racial controversies, whatever you chance to hold most

threatening, and we are gravely assured on every side that

education is the only thing which can preserve our coming

generations from destruction. What is more, as a people we

listen credulously to these assurances. We are told, and we

believe and evince magnificent faith in our belief, that our

national salvation must depend on education.”

Professor Wendell goes on trenchantly to compare this reigning modern

faith with that in the mediæval church. He calls attention to the

fact that whereas the dominant architectural monuments of the Old

World are great cathedrals and religious houses, implying the faith

that salvation could be assured by unstinted gifts to the church,

in our modern times the most stately and impressive structures are

our schools, colleges, and public libraries, many of them, like the

cathedrals, erected by sinners of wealth in the pursuit of individual

atonement and social salvation. “Ask any American what we shall do to

be saved, and if he speak his mind he will probably bid us educate our

fellow-men.” He might have extended his comparison to the personal

hierarchy of the two institutions, for at the time of his article

the President of Harvard spoke to the people of the United States

with the voice of Innocent III, surrounded by his advisers among

university presidents and superintendents gathered like Cardinal

Archbishops, in the conclave of the National Education Association,

of which the Committee of Ten was a sort of papal curia. Although

the educational papacy has fallen into schism, the cities are still

ruled by superintendents like bishops, the colleges by president and

deans, like abbots and priors, and the whole structure rests on a vast

population of teachers holding their precarious livings like the parish

priests at the will of their superiors, tempered by public opinion.

Indeed, Professor Wendell is struck by the probability that as European

society was encumbered by the itinerant friars, so America will have

“its mendicant orders of scholars--the male and female doctors of

philosophy.” But it is his main theme which concerns us here, that “the

present mood of our country concerning education is neither more nor

less than a mood of blind, mediæval superstition.”

The difference between faith as religion and as superstition may be

hard to define, the terms having become somewhat interchangeable

through controversy, but in general we should doubtless use the

pragmatic test. A vital and saving faith which actually justifies

itself by results is religion; a faith which is without constructive

effect on character and society, and is merely fanciful, fantastic,

or degrading we call superstition. The old education which America

brought from England and inherited from the Renaissance was a

reasonable faith. It consisted of mathematics, classics, and theology,

and while it produced, except in rare instances, no mathematicians,

classical scholars, or theologians, it trained minds for the learned

professions of those days and it gave the possessors of it intellectual

distinction, and admitted them to the society of cultivated men

everywhere. Its authority was largely traditional, but it worked in

the world of that day much as the thirty-three Masonic degrees do in

the world of Masonry. It may properly be called a religion, and in its

rigid, prescribed, dogmatic creed it may be compared to the mediæval

theology. At any rate, it suffered the same fate and from the same

cause. Its system was too narrow for the expanding knowledge and the

multiplying phenomena of the advancing hour. It failed to take account

of too many things. The authority of tradition, by which it maintained

its position, was challenged and overthrown, and private judgment was

set in its place.

Private judgment in education is represented by the elective system;

President Eliot was the Luther of this movement and Harvard College his

Wittenberg. Exactly as after the Reformation, however, the attitudes of

assertion and subservience in spiritual matters continued to manifest

themselves where the pope had been deposed, in Geneva and Dort and

Westminster, so in spite of the anarchy of the elective system the

educational function continues to impose itself in its traditional

robes of authority, and to be received with the reverence due to long

custom. And in this way education in America from being a saving faith

has become an illusion. The old education, its authority challenged,

its sway limited, and nobody caring whether its followers can quote

Latin or not, is in the position of the Church of Rome; the so-called

new education, uncertain in regard to material and method, direction

and destination, is like the anarchic Protestant sects. Neither

possesses authority; the old system has lost it, and the new ones have

never had it. They are alike in depending upon the blindness of the

masses which is superstition.

Although the generalization remains true that the mood of America

toward education is a mood of superstition, there are certain forms

of education operative in America to-day which approve themselves by

performance and justify the reasonable faith in which they are held.

The argument in favour of the elective system, by force of which it

displaced the prescribed classical course, was that it was necessary to

give opportunity for specialization. This opportunity it has given, and

in certain directions the results produced by American institutions

are of high value. Our scientific education is the most advanced, and

in the professions which depend upon it, engineering and medicine, our

product doubtless “compares favourably” with that of Europe. These

facts cannot be cited, however, as a valid reason for the American

faith in education as a whole. It is recognized to-day that progress

in natural science has far outrun that in politics, social life,

culture--therein lies the tragedy of the world. A few men of science

have a knowledge of the means by which the human race can be destroyed

in a brief space--and no statesmen, philosophers, or apostles of

culture have the power to persuade the human race not to permit it to

be done.

In another direction a great increase of specialization has taken

place--in the preparation for business. Our colleges of business

administration rival our scientific schools in the exactness of their

aim, and the precision of their effort. Here again, however, it may

be questioned whether their success is one to justify belief in the

educational process as a whole. The result of such specialization

upon the business organization of society can hardly be to arouse a

critical, and hence truly constructive, attitude in regard to the

whole economic problem; it is nearly certain to promote a disposition

to take advantage of the manifest shortcomings of that organization

for individual successful achievement. Whether society as a whole will

profit by the efforts of such experts as our business colleges are

turning out remains to be seen. Whether we are wise in strengthening

the predatory elements which put a strain on the social organization,

at a time when the whole structure is trembling, is open to question.

Here again the faith of America in education as social salvation is not

justified by individual results, however brilliant and fortunate.

The value of the specialist to society is unquestionable, but he

alone will not save it. Such salvation must come from the diffusion

and validity of the educational process as a whole, from the men and

women of active intelligence, broad view, wide sympathy, and resolute

character who are fitted as a result of it to see life steadily and

see it whole, reason soundly to firm conclusions in regard to it, and

hold those decisions in the face of death. The specialist indeed may

be considered a necessary subtraction from the general social army, a

person set apart for special duty, whose energies are concentrated and

loyalties narrowed. We expect him to die, if need be, in maintaining

that the world moves, but not for freedom of thought in the abstract.

It is by the generally trained, all-round product of our education that

the system must be judged. And what do we find?

The general student, it appears, tends to be the product of as narrow

a process as the specialist, but not as deep. As the demands of

specialization become more exacting, its requirements reach farther and

farther back into the field of general education, and more and more of

the area is restricted to its uses. The general student in consequence

becomes a specialist in what is left over. Moreover, he exercises his

right of private judgment and free election along the path of least

resistance. Laboratory science he abhors as belonging to a course of

specialization which he has renounced. The classics and mathematics, to

which a good share of our educational machinery is still by hereditary

right devoted, he scorns as having no _raison d’être_ except an outworn

tradition. With the decline of the classics has gone the preliminary

training for modern languages, which the general student usually

finds too exacting and burdensome, and from the obligation of which

colleges and secondary institutions also are now rapidly relieving

him. We boasted in the late war that we had no quarrel with the German

language, and yet by our behaviour we recognized that one of the fruits

of victory was the annihilation of at least one foreign speech within

our borders. The general student is thus confined, by right of private

judgment of course, to his own language and literature, and such

superficial studies in history and social science as he can accomplish

with that instrument alone. His view is therefore narrow and insular.

His penetration is slight. He is, in short, a specialist in the obvious.

Not only does the general student tend to be as restricted in

subject-matter as the specialist, but he lacks the training in

investigation, reasoning, and concentration which the latter’s

responsibility for independent research imposes. The definition of

the aim of general education on which Professor Wendell rested his

case for the old curriculum in the article quoted above, is “such

training as shall enable a man to devote his faculties intently to

matters which of themselves do not interest him.” Now clearly if the

student persistently chooses only the subjects which interest him,

and follows them only as far as his interest extends, he escapes all

training in voluntary attention and concentration. In his natural

disposition to avoid mental work he finds ready accomplices in his

instructors and text-book writers. They realize that they are on trial,

and that interest alone is the basis of the verdict. Accordingly they

cheerfully assume the burden of preliminary digestion of material,

leaving to the student the assimilation of so much as his queasy

stomach can bear. One way in which the study of English literature or

history can be made a matter of training in criticism and reasoning

is to send the student to the sources, the original material, and

hold him responsible for his conclusions. He may gain a wrong or

inadequate view, but at any rate it is his own, and it affords him a

solid basis for enlargement or correction. Instead of this the student

is invited to a set of criticisms and summaries already made, and is

usually discouraged if by chance he attempts a verification on his own

account. The actual reading of Shakespeare, Bacon, Milton, Swift, Burke

will give the student at least a certain training in concentration;

but this is hard, slow, and dry work. It is much easier and more

comprehensive, instead of reading one play of Shakespeare, to read

_about_ all the plays, including the life of the author, his dramatic

art, and some speculations in regard to the Elizabethan stage. It

was William James who pointed out the difference between _knowledge

about_ and _acquaintance with_ an author. The extent to which we have

substituted for the direct vision, with its stimulating appeal to

individual reaction, the conventional summary and accepted criticism,

the official formula and the stereotyped view, is the chief reason for

the ready-made uniformity of our educated product.

The pioneer democracy of America itself is responsible for a method of

instruction typically American. The superstitious faith in education

was the basis of a system whereby many busy, middle-aged persons whose

early advantages had been limited, by means of attractive summaries,

outlines, and handbooks, could acquaint themselves with the names of

men, books, and events which form the Binet-Simon test of culture,

and enable the initiate to hold up his head in circles where the best

that has been thought or said in the world is habitually referred to.

This method is carried out in hundreds of cultural camp-meetings every

summer, by thousands of popular lectures, in countless programmes of

study for women’s clubs. Unfortunately it is coming to be not only the

typical but the only method of general education in America. Chautauqua

has penetrated the college and the university. Better that our fathers

had died, their intellectual thirst unsatisfied, than that they had

left this legacy of mental soft drinks for their children.

Thus far I have had the college chiefly in mind, but the same

observations apply equally to the secondary school. The elective system

has made its way thither, and indeed one of the chief difficulties of

organizing a college curriculum for the general student which shall

represent something in the way of finding things out, of reasoning from

facts to conclusions, and of training in voluntary attention, is that

of determining any common ground on the basis of previous attainment.

Not only the elective system but the Chautauqua method has largely

permeated our high schools. The teachers, often on annual appointment,

more than the college instructors, with comparative security of tenure,

are dependent on the favour of pupils, a favour to be maintained in

competition with dances, movies, and _The Saturday Evening Post_, by

interesting them. It is therefore a common thing for teachers to repeat

in diluted form the courses which they took in college--and which in

the original were at best no saturate solutions of the subject. The

other day, on visiting a class in Shakespeare at a Y.M.C.A. school,

I ventured to suggest to the teacher that the method used was rather

advanced. “Ah, but my daughter at high school,” he said, “is having

Professor Blank’s course in the mediæval drama.” Now such a course

intended for graduate students investigating sources, influences,

and variations among saints’ plays and mystery plays, could have no

educational value in material or method for a high-school pupil, but

it was, no doubt, as interesting as a Persian tale.

Inasmuch as the colleges and the secondary schools are both uncertain

as regards the meaning and aim of general education, it is not

surprising to find the grade schools also at sea, their pupils the

victims both of meaningless tradition and reckless experiment. The

tradition of our grade schools, educational experts tell us, was

brought by Horace Mann from Prussia. There the _Volkschule_ was

designed for the children of the people, who should be trained with a

view to remaining in the station in which they had been born. At least,

it may be conceded, the German designers of the system had a purpose

in mind, and knew the means to attain it; but both purpose and means

are strangely at variance with American conditions and ideals. Other

experts have pointed out the extraordinary retarding of the educational

process after the first years, when the child learns by a natural

objective method some of the most difficult processes of physical

life, accomplishing extraordinary feats of understanding and control;

and some of the most hopeful experiments in primary education look

toward continuing this natural method for a longer time. At present the

principle of regimentation seems to be the most important one in the

grade school, and as the pace is necessarily that of the slowest, the

pupils in general have a large amount of slack rope which it is the

problem of principals and teachers to draw in and coil up. Altogether

the grade school represents a degree of waste and misdirection which

would in itself account for the tendencies toward mental caprice or

stagnation which are evident in the pupils who proceed from it.

Thus the parallel which Professor Wendell established between our

educational system and the mediæval church would seem to have a certain

foundation. In the colleges, as in the monasteries, we have a group

of ascetic specialists, sustained in their labours by an apocalyptic

vision of a world which they can set on fire, and in which no flesh can

live; and a mass of idle, pleasure-loving youth of both sexes, except

where some Abbot Samson arises, with strong-arm methods momentarily

to reduce them to order and industry. In the high schools, as in the

cathedrals, we have great congregations inspired by the music, the

lights, the incense, assisting at a ceremony of which the meaning is

as little understood as the miracle of the mass. In the grade schools,

as in the parish churches, we have the humble workers, like Chaucer’s

poor parson of the town, trying with pathetic endeavour to meet the

needs and satisfy the desires of their flocks, under conditions of

an educational and political tyranny no less galling than was the

ecclesiastical.

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