CHAPTER I

THE MAKING OF ARGUMENTS

J.H. GARDINER

FORMERLY ASSISTANT PROFESSOR OF ENGLISH IN HARVARD UNIVERSITY

1912

TO MY FRIENDS AND COLLEAGUES ON THE STAFF OF ENGLISH A

PREFACE

The object of this book is to lay out a course in the writing of

arguments which shall be simple enough for classes which give only a

part of the year to the work, and yet comprehensive enough for special

classes in the subject. It is especially aimed at the interests and

needs of the student body as a whole, however, rather than at those of

students who are doing advanced work in argumentation. Though few men

have either the capacity or the need to become highly trained

specialists in the making of arguments, all men need some knowledge of

the art. Experience at Harvard has shown that pretty much the entire

freshman class will work with enthusiasm on a single argument; and they

get from this work a training in exact thought and a discipline that

they get from no other kind of writing.

Accordingly I have laid out this book in order to start students as soon

as possible on the same kind of arguments that they are likely to make

in practical life. I have striven throughout to keep in mind the

interests and needs of these average individuals, who in the aggregate

will tread such a variety of paths in their passage through the world.

Not many of them will get to Congress, there to make great orations on

the settlement of the tariff, and the large majority of them will not go

into the law; and even of the lawyers many will have little concern with

the elaborate piecing together of circumstantial evidence into the basis

for a verdict. But all of them will sooner or later need the power of

coming to close quarters with more or less complicated questions, in

which they must bring over to their views men of varying prepossessions

and practical interests; and all of them all their lives will need the

power of seeing through to the heart of such questions, and of grasping

what is essential, though it be separated by a hair's breadth from the

inessential that must be cast to one side. It is for this training of

the powers of thought that a course in the making of arguments is

profitable, even when pursued for so short a time as can be given to it

in most schools and colleges.

In laying out the book I have had these three purposes in mind: first,

that the student shall without waste of time be set to exploring his

subject and running down the exact issues on which his question will

tarn; second, that as he collects his material he shall be led on to

consider what part of it is good evidence for his purpose, and how to

test his reasoning from the facts; third, that with his material

gathered and culled and his plan settled he shall turn his attention to

presenting it in the most effective way possible for the particular

occasion.

Throughout I have tried to lay stress on the making of arguments, not as

an end in themselves, and to fit certain more or loss arbitrary

formulas, but as the practical kind of appeal that every young man is

already making to his fellows on matters that interest him, and that he

will make more and more in earnest as he gets out into the world. The

tendency of some of the books to treat argumentation, especially in the

form of debating, as a new variety of sport, with rules as elaborate and

technical as those of football, turns away from the subject a good many

young men to whom the training in itself would be highly valuable. The

future of the subject will be closely dependent on the success of

teachers in keeping it flexible and in intimate touch with real affairs.

I have made some suggestions looking towards this end in Appendix II.

My obligations to earlier workers in the field will be obvious to all

who know the subject. In especial, I, like all other writers on the

subject, have built on foundations laid by Professor George Pierce

Baker, of Harvard University.

For permission to use the articles from _The Outlook_ I am indebted to

the courtesy of the editors of that journal; for the article on "The

Transmission of Yellow Fever by Mosquitoes," to the kindness of General

Sternberg, and of the editor of _The Popular Science Monthly_.

J.H. GARDINER

THE MAKING OF ARGUMENTS

CHAPTER I

WHAT WE ARGUE ABOUT, AND WHY

1. What Argument is. When we argue we write or speak with an active

purpose of making other people take our view of a case; that is the only

essential difference between argument and other modes of writing.

Between exposition and argument there is no certain line. In Professor

Lamont's excellent little book, "Specimens of Exposition," there are two

examples which might be used in this book as examples of argument; in

one of them, Huxley's essay on "The Physical Basis of Life," Huxley

himself toward the end uses the words, "as I have endeavored to prove to

you"; and Matthew Arnold's essay on "Wordsworth" is an elaborate effort

to prove that Wordsworth is the greatest English poet after Shakespeare

and Milton. Or, to take quite different examples, in any question of law

where judges of the court disagree, as in the Income Tax Case, or in the

Insular cases which decided the status of Porto Rico and the

Philippines, both the majority opinion and the dissenting opinions of

the judges are argumentative in form; though the majority opinion, at

any rate, is in theory an exposition of the law. The real difference

between argument and exposition lies in the difference of attitude

toward the subject in hand: when we are explaining we tacitly assume

that there is only one view to be taken of the subject; when we argue we

recognize that other people look on it differently. And the differences

in form are only those which are necessary to throw the critical points

of an argument into high relief and to warm the feelings of the readers.

2. Conviction and Persuasion. This active purpose of making other

people take your view of the case in hand, then, is the distinguishing

essence of argument. To accomplish this purpose you have two tools or

weapons, or perhaps one should say two sides to the same weapon,

_conviction_ and _persuasion_. In an argument you aim in the first place

to make clear to your audience that your view of the case is the truer

or sounder, or your proposal the more expedient; and in most arguments

you aim also so to touch the practical or moral feelings of your readers

as to make them more or less warm partisans of your view. If you are

trying to make some one see that the shape of the hills in New England

is due to glacial action, you never think of his feelings; here any

attempt at persuading him, as distinguished from convincing him, would

be an impertinence. On the other hand, it would be a waste of breath to

convince a man that the rascals ought to be turned out, if he will not

on election day take the trouble to go out and vote; unless you have

effectively stirred his feelings as well as convinced his reason you

have gained nothing. In the latter case your argument would be almost

wholly persuasive, in the former almost wholly a matter of convincing.

These two sides of argument correspond to two great faculties of the

human mind, thought and feeling, and to the two ways in which, under

the guidance of thought and feeling, mankind reacts to experience. As we

pass through life our actions and our interest in the people and things

we meet are fixed in the first place by the spontaneous movements of

feeling, and in the second place, and constantly more so as we grow

older, by our reasoning powers. Even the most intentionally dry of

philosophers has his prejudices, perhaps against competitive sports or

against efficiency as a chief test of good citizenship; and after

childhood the most wayward of artists has some general principles to

guide him along his primrose path. The actions of all men are the

resultant of these two forces of feeling and reason. Since in most cases

where we are arguing we have an eye to influencing action, we must keep

both the forces in mind as possible means to our end.

3. Argument neither Contentiousness nor Dispute. Argument is not

contentiousness, nor is it the good-natured and sociable disputation in

which we occupy a good deal of time with our friends. The difference is

that in neither contentiousness nor in kindly dispute do we expect, or

intend, to get anywhere. There are many political speeches whose only

object is to make things uncomfortable for the other side, and some

speeches in college or school debates intended merely to trip up the

other side; and neither type helps to clear up the subjects it deals

with. On the other hand, we spend many a pleasant evening arguing

whether science is more important in education than literature, or

whether it is better to spend the summer at the seashore or in the

mountains, or similar subjects, where we know that everybody will stand

at the end just where he stood at the beginning. Here our real purpose

is not to change any one's views so much as it is to exchange thoughts

and likings with some one we know and care for. The purpose of

argument, as we shall understand the word here, is to convince or

persuade some one.

4. Arguments and the Audience. In argument, therefore, far more than in

other kinds of writing, one must keep the audience definitely in mind.

"Persuade" and "convince" for our purposes are active verbs, and in most

cases their objects have an important effect on their significance. An

argument on a given subject that will have a cogent force with one set

of people, will not touch, and may even repel, another. To take a simple

example: an argument in defense of the present game of football would

change considerably in proportions and in tone according as it was

addressed to undergraduates, to a faculty, or to a ministers'

conference. Huxley's argument on evolution (p. 233), which was delivered

to a popular audience, has more illustrations and is less compressed in

reasoning than if it had been delivered to the American Academy of Arts

and Sciences. Not only theoretically, but in practice, arguments must

vary in both form and substance with the audiences to which they are

addressed. An argument shot into the void is not likely to bring down

much game.

5. Profitable Subjects for Arguments. To get the best results from

practice in writing arguments, you must choose your subjects with care

and sagacity. Some classes of subjects are of small value. Questions

which rest on differences of taste or temperament from their very nature

can never be brought to a decision. The question whether one game is

better than another--football better than baseball, for example--is not

arguable, for in the end one side settles down to saying, "But I like

baseball best," and you stick there. Closely akin is such a question as,

Was Alexander Pope a poet; for in the word "poet" one includes many

purely emotional factors which touch one person and not another. Matthew

Arnold made a brave attempt to prove that Wordsworth stood third in

excellence in the long line of English poets, and his essay is a notable

piece of argument; but the very statement of his thesis, that Wordsworth

"left a body of poetical work superior in power, in interest, in the

qualities which give enduring freshness, to that which any of the others

has left," shows the vanity of the attempt. To take a single

word--"interest"--from his proposition: what is the use of arguing with

me, if Wordsworth happened to bore me, as he does not, that I ought to

find him interesting. All I could do would be humbly to admit my

deficiency, and go as cheerfully as might be to Burns or Coleridge or

Byron. Almost all questions of criticism labor under this difficulty,

that in the end they are questions of taste. You or I were so made in

the beginning that the so-called romantic school or the so-called

classical school seems to us to have reached the pinnacle of art; and

all the argument in the world cannot make us over again in this respect.

Every question which in the end involves questions of aesthetic taste is

as futile to argue as questions of the palate.

Other questions are impracticable because of vagueness. Such questions

as, Should a practical man read poetry, Are lawyers a useful class in

the community, Are the American people deteriorating, furnish excellent

material for lively and witty talk, but no one expects them to lead to

any conclusion, and they are therefore valueless as a basis for the

rigorous and muscular training which an argument ought to give. There

are many questions of this sort which serve admirably for the friendly

dispute which makes up so much of our daily life with our friends, but

which dissolve when we try to pin them down.

Some questions which cannot be profitably argued when phrased in general

terms become more practicable when they are applied to a definite class

or to a single person. Such questions as, Is it better to go to a small

college or a large one, Is it better to live in the country or in the

city, Is it wise to go into farming, all lead nowhere if they are argued

in this general form. But if they are applied to a single person, they

change character: in this specific form they not only are arguable, but

they constantly are argued out with direct and practical results, and

even for a small and strictly defined class of persons they may provide

good material for a formal argument. For example, the question, "Is it

better for a boy of good intellectual ability and capacity for making

friends, who lives in a small country town, to go to a small college or

a large," provides moderately good material for an argument on either

side; though even here the limiting phrases are none too definite. In a

debate on such a subject it would be easy for the two sides to pass each

other by without ever coming to a direct issue, because of differing

understanding of the terms. On the whole it seems wiser not to take

risks with such questions, but to choose from those which will

unquestionably give you the training for which you are seeking.

Roughly speaking, subjects for an argument which are sure to be

profitable may be divided into three classes: (1) those for which the

material is drawn from personal experience; (2) those for which the

material is provided by reading; and (3) those which combine the first

two. Of these there can be no question that the last are the most

profitable. Of the first class we may take for an example such a

question as, Should interscholastic athletics be maintained in----

school? Here is a question on which some parents and teachers at any

rate will disagree with most boys, and a question which must be settled

one way or the other. The material for the discussion must come from the

personal knowledge of those who make the arguments, reenforced by what

information and opinion they can collect from teachers and townspeople.

In Chapter II we shall come to a consideration of possible sources for

material for these and other arguments. There is much to be said for the

practice gained by hunting up pertinent material for arguments of this

sort; but they tend to run over into irreconcilable differences of

opinion, in which an argument is of no practical value.

The second class of subjects, those for which the material is drawn

wholly from reading, is the most common in intercollegiate and

interscholastic debates. Should the United States army canteen be

restored, Should the Chinese be excluded from the Philippines, Should

the United States establish a parcels post, are all subjects with which

the ordinary student in high school or college can have little personal

acquaintance. The sources for arguments on such subjects are to be found

in books, magazines, and official reports. The good you will get from

arguments on such subjects lies largely in finding out how to look up

material. The difficulty with them lies in their size and their

complexity. When it is remembered that a column of an ordinary newspaper

has somewhere about fifteen hundred words, and that an editorial article

such as on page 268, which is thirty-eight hundred words long, is in

these days of hurry apt to be repellent, because of its length, and on

the other hand that a theme of fifteen hundred words seems to the

ordinary undergraduate a weighty undertaking, the nature of this

difficulty becomes clear. To put it another way, speeches on public

subjects of great importance are apt to be at least an hour long, and

not infrequently more, and in an hour one easily speaks six or seven

thousand words, so that fifteen hundred words would not fill a

fifteen-minute speech. This difficulty is met in debates by the longer

time allowed, for each side ordinarily has an hour; but even then there

can be no pretense of a thorough treatment. The ordinary written

argument of a student in school or college can therefore do very little

with large public questions. The danger is that a short argument on a

large question may breed in one an easy content with a superficial and

parrotlike discussion of the subject. Discussions of large and abstract

principles are necessary, but they are best left to the time of life

when one has a comprehensive and intimate knowledge of the whole mass of

facts concerned.

By far the best kind of subject, as has been said, is that which will

combine some personal acquaintance with the facts and the possibility of

some research for material. Many such subjects may be found in the

larger educational questions when applied to your own school or college.

Should the elective system be maintained at Harvard College, Should the

University of Illinois require Latin for the A.B. degree, Should

fraternities be abolished in----High School, Should manual training be

introduced in----High School, are all questions of this sort. A short

list of similar questions is printed at the end of this section, which

it is hoped will prove suggestive. For discussing these questions you

will find considerable printed material in educational and other

magazines, in reports of presidents of colleges and school committees,

and other such places, which will give you practice in hunting up facts

and opinions and in weighing their value. At the same time training of

your judgment will follow when you apply the theories and opinions you

find in these sources to local conditions. Moreover, such questions will

give you practice in getting material in the raw, as it were, by making

up tables of statistics from catalogues, by getting facts by personal

interview, and in other ways, which will be considered in Chapter II.

Finally, such subjects are much more likely to be of a size that you can

bring to a head in the space and the time allowed to the average

student, and they may have some immediate and practical effect in

determining a question in which your own school or college has an

interest. Arguments on such subjects are therefore less likely to be

"academic" discussions, in the sense of having no bearing on any real

conditions. When every college and school has plenty of such subjects

continually under debate, there seems to be no reason for going farther

and faring worse.

The main thing is to get a subject which will carry you back to facts,

and one in which you will be able to test your own reasoning.

6. Suggestions of Subjects for Practice. Many of the subjects in

the list below will need some adaptation to fit them to local

conditions; and these will undoubtedly suggest many others of a similar

nature. Other subjects of immediate and local interest may be drawn from

the current newspapers; and the larger, perennial ones like prohibition,

woman suffrage, immigration laws, are always at the disposal of those

who have the time and the courage for the amount of reading they

involve. The distinction between a subject and the proposition to be

argued will be made in Chapter II.

SUGGESTIONS FOR SUBJECTS OF ARGUMENTS

TO BE ADAPTED TO LOCAL AND PRESENT CONDITIONS

1. Admission to this college should be by examination only.

2. The entrance requirements of this college set a good standard for a

public high-school course.

3. Admission to this college should be by certificate from the

candidate's school, such as is now accepted at----College.

4. The standards for admission to this college or to the State

University should be raised.

5. The standard for graduating from this college should be raised.

6. Attendance at chapel exercises should be made voluntary.

7. The numbers of students in this college should be limited by raising

the standard for admission.

8. A reading knowledge of French or of German, to be tested by an oral

examination, should be substituted for the present requirements for

entrance in those languages.

9. No list of books should be prescribed for the entrance examination in

English.

10. Freshmen should be required to be within bounds by eleven o'clock at

night.

11. Freshmen should not be elected to college societies.

12. Students who have attained distinction in their studies should be

treated as graduate students are, in respect to attendance and leave of

absence.

13. Arrangements should be made by which the work done on college papers

should count toward the degree.

14. The honor system in examinations should be introduced into this

college.

15. The course of study in this college should be made wholly elective.

16. Coeducation should be maintained in this college.

17. Secret societies should be prohibited in----High School.

18. The business course in----High School should be given up.

19. Compulsory military drill should be introduced into----School (or,

into this college).

20. Greek should be given up in----School.

21. All students in----School, whether in the business course or not,

should be required to study Latin.

22. Athletics have had a detrimental effect on the studies of those who

have taken part in them.

23.----School should engage in athletic contests with two other schools

only.

24. The school committee in----should be reduced to five members.

25. The school committee in----is at present too large for efficient

direction of the schools.

26. The principal of the high school in----should report directly to

the school committee and not to the superintendent of schools.

27. This city should assign a sum equal to----mills of the whole tax

rate to the support of the public schools.

28. The high school of this city should have a single session each day,

instead of two.

29. This city should substitute a commission government on the general

model of that in Des Moines, Iowa, for the present system.

30. The commission form of government has proved its superiority to

government by a mayor and two legislative boards.

31. This city should elect its municipal officers by preferential

voting.

32. This city should establish playgrounds in the crowded parts of the

city, notably in Wards----and----.

33. Boys should be allowed to play ball in unfrequented streets.

34. This city should set apart----mills on the tax rate each year for

building permanent roads.

35. The laws and regulations governing the inspection and the sale of

milk should be made more stringent.

36. This city should buy and run the waterworks.

37. This city should build future extensions of the street railway

system and lease them to the highest bidder.

38. This city should buy and operate the street railway system.

38. The street railway company in this city should be required to pave

and care for all the streets through which it runs.

40. A committee of business men should be appointed by the mayor to

conduct negotiations for bringing new industries to the city.

41. This city should establish municipal gymnasiums.

42. This city would be benefited by the consolidation of the two street

railway systems.

43. This state should adopt a ballot law similar to that of

Massachusetts.

44. This state should adopt the "short ballot."

45. This state should tax forest lands according to the product rather

than the assessed value of the land.

46. The present rules of football are satisfactory.

47. This college should make "soccer" football one of its major

sports.

48. Unnecessary talking by the players should be forbidden in games of

baseball.

49. Coaching from the side lines should be forbidden in baseball.

50. "Summer baseball" should be regarded as a breach of amateur

standing.

51. An intercollegiate committee of graduates should be formed with

power to absolve college athletes from technical and minor breaches of

the amateur rules.

52. This college should make an effort to return to amateur coaching by

proposing agreements to that effect with its principal rivals.

53. This university should not allow students with degrees from other

institutions to play on its athletic teams.

54. The managers of the principal athletic teams in this college should

be elected by the students at large.

55. The expenses of athletic teams at this college should be

considerably reduced.

7. The Two Kinds of Arguments. With the subject you are going to

argue on chosen, it will be wise to come to closer quarters with the

process of arguing. A large part of the good results you will get from

practice in writing arguments will be the strengthening of your powers

of exact and keen thought; I shall therefore in the following sections

try to go somewhat below the surface of the process, and see just what

any given kind of argument aims to do, and how it accomplishes its aim

by its appeal to special faculties and interests of the mind. I shall

also consider briefly the larger bearings of a few of the commoner and

more important types of argument, as the ordinary citizen meets them in

daily life.

We may divide arguments roughly into two classes, according as the

proposition they maintain takes the form, "This is true," or the form,

"This ought to be done." The former we will call, for the sake of

brevity, arguments of fact, the latter arguments of policy. Of the two

classes the former is addressed principally to the reason, the faculty

by which we arrange the facts of the universe (whether small or great)

as they come to us, and so make them intelligible. You believe that the

man who brought back your dog for a reward stole the dog, because that

view fits best with the facts you know about him and the disappearance

of the dog; we accept the theory of evolution because, as Huxley points

out at the beginning of his essay (see pp. 233, 235), it provides a

place for all the facts that have been collected about the world of

plants and animals and makes of them all a consistent and harmonious

system. In Chapter III we shall come to a further consideration of the

workings of this faculty so far as it affects the making of arguments.

Arguments of policy, on the other hand, which argue what ought to be

done, make their appeal in the main to the moral, practical, Or

aesthetic interests of the audience. These interests have their ultimate

roots in the deep-seated mass of inherited temperamental motives and

forces which may be summed up here in the conveniently vague term

"feeling." These motives and forces, it will be noticed, lie outside the

field of reason, and are in the main recalcitrant to it. When you argue

that it is "right" that rich men should endow the schools and colleges

of this country, you would find it impossible to explain in detail just

what you mean by "right"; your belief rises from feelings, partly

inherited, partly drawn in with the air of the country, which make you

positive of your assertion even when you can least give reasons for it.

So our practical interests turn in the end on what we want and do not

want, and are therefore molded by our temperament and tastes, which are

obviously matters of feeling. Our aesthetic interests, which include our

preferences in all the fields of art and literature and things beautiful

or ugly in daily life, even more obviously go back to feeling. Now in

practical life our will to do anything is latent until some part of this

great body of feeling is stirred; therefore arguments of policy, which

aim to show that something ought to be done, cannot neglect feeling. You

may convince me never so thoroughly that I ought to vote the Republican

or the Democratic ticket, yet I shall sit still on election day if you

do not touch my feelings of moral right or practical expediency. The

moving cause of action is feeling, though the feeling is often modified,

or even transformed, by reasoning. We shall come back to the nature of

feeling in Chapter V, when we get to the subject of persuasion.

An important practical difference between arguments of fact and

arguments of policy lies in the different form and degree of certitude

to which they lead. At the end of arguments of fact it is possible to

say, if enough evidence can be had, "This is undeniably true." In these

arguments we can use the word "proof" in its strict sense. In arguments

of policy on the other hand, where the question is worth arguing, we

know in many cases that in the end there will be men who are as wise and

as upright as ourselves who will continue to disagree. In such cases it

is obvious that we can use the word "proof" only loosely; and we speak

of right or of expediency rather than of truth. This distinction is

worth bearing in mind, for it leads to soberness and a seemly modesty in

controversy. It is only in barber-shop politics and sophomore debating

clubs that a decision of a question of policy takes its place among the

eternal verities.

With these distinctions made, let us now consider a few of the chief

varieties of these two classes of arguments, dealing only with those

which every one of us comes to know in the practical affairs of life. It

will be obvious that the divisions between these are not fixed, and that

they are far from exhausting the full number of varieties.

8. Arguments of Fact. Among the commonest and most important varieties

of arguments of fact are those made before juries in courts of law. It

is a fundamental principle of the common law under which we live that

questions of fact shall be decided by twelve men chosen by lot from the

community, and that questions of the law that shall be applied to these

facts shall be decided by the judges. Accordingly in criminal trials the

facts concerning the crime and the actions and whereabouts of the

accused are subjects of argument by the counsel. If the prisoner is

attempting to establish an alibi, and the evidence is meager or

conflicting, his counsel and the prosecuting officer must each make

arguments before the jury on the real meaning of the evidence. In civil

cases likewise, all disputed questions of fact go ordinarily to a jury,

and are the subject of arguments by the opposing lawyers. Did the

defendant guarantee the goods he sold the plaintiff? Was undue influence

exerted on the testator? Did the accident happen through the negligence

of the railroad officials? In such cases and the countless others that

congest the lists of the lower courts arguments of fact must be made.

Other common arguments of fact are those in historical questions,

whether in recent or in ancient history. Macaulay's admirable skeleton

argument (p. 155) that Philip Francis wrote the _Junius Letters_, which

so grievously incensed the English government about the time of the

American Revolution, is an example of an argument of this sort; the part

of Lincoln's Cooper Institute Address which deals with the views of the

founders of the nation on the subject of the control of slavery in the

territories is another. Another question concerning facts is that which

a few years ago stirred classical archaeologists, whether the Greek

theater had a raised stage or not. In all such cases the question is as

to facts which at one time, at any rate, could have been settled

absolutely. The reason why an argument about them becomes necessary is

that the evidence which could finally settle the questions has

disappeared with the persons who possessed it, or has been dissipated by

time. Students of history and literature have to deal with many such

questions of fact.

A somewhat different kind of question of fact, and one often extremely

difficult to settle, is that which concerns not a single, uncomplicated

fact, but a broad condition of affairs. Examples of such questions are

whether woman suffrage has improved political conditions in Colorado and

other states, whether the introduction of manual training in a certain

high school has improved the intelligence and serviceableness of its

graduates, whether political corruption is decreasing in American

cities. The difficulty that faces an argument in such cases as these is

not the loss of the evidence, but rather that it consists of a multitude

of little facts, and that the selection of these details is singularly

subject to bias and partisan feeling. These questions of a broad state

of affairs are like questions of policy in that in the end their

settlement depends thus largely on temperamental and practical

prepossessions.

Still another and very important variety of arguments of fact, which are

often conveniently described as arguments of theory, includes large

scientific questions, such, for example, as the origin of our present

species of plants and animals, or the ultimate constitution of matter,

or the cause of yellow fever. In such arguments we start out with many

facts, already gained through observation and experiment, which need the

assumption of some other fact or facts attained through reasoning from

the others, to make them fit together into a coherent and intelligible

system. Every important new discovery in science makes necessary

arguments of this sort. When the minute forms of life that the layman

lumps together under the name "germs" were discovered there was a host

of arguments to explain their manner of life and the way some of them

cause disease and others carry on functions beneficent to mankind. A

notable example of the arguments concerning this kind of fact is that at

page 251 concerning the cause of yellow fever; and another is Huxley's

argument on evolution (p. 233), where he points out that "the question

is a question of historical fact." The element of uncertainty in the

settlement of such questions is due to the facts being too large or too

minute for human observation, or to their ranging through great ages of

time so that we must be contented with overwhelming probability rather

than with absolute proof. Furthermore the facts that are established in

arguments of this sort may have to be modified by new discoveries: for

many generations it was held to be a fact that malaria was caused by a

miasma; now we know that it is caused by a germ, which is carried by

mosquitoes. Arguments of this type tend to go through a curious cycle:

they begin their life as arguments, recognized as such; then becoming

the accepted explanation of the facts which are known, for a longer or

shorter time they flourish as statements of the truth; and then with the

uncovering of new facts they crumble away or are transformed into new

and larger theories. Darwin's great theory of the origin of species has

passed through two of these stages. He spoke of it as an argument, and

for a few years it was assailed with fierce counterarguments; we now

hold it to be a masterful explanation of an enormous body of facts. When

it will pass on to the next stage we cannot foresee; but chemists and

physicists darkly hint at the possibility of the evolution of inorganic

as well as organic substances.

In arguments of fact, it will be noticed, there is little or no element

of persuasion, for we deal with such matters almost wholly through our

understanding and reason. Huxley, in his argument on evolution, which

was addressed to a popular audience, was careful to choose examples that

would be familiar; but his treatment of the subject was strictly

expository in tone. In some arguments of this sort, which touch on the

great forces of the universe and on the nature of the world of life of

which we are an infinitesimal part, the tone of the discourse will take

on warmth and eloquence; just as Webster in the White Murder Case,

dealing with an issue of life and death, let the natural eloquence which

always smoldered in his speech, burn up into a clear glow. But both

Huxley and Webster would have held any studied appeal to emotion to be

an impertinence.

In ordinary life most of us make fewer arguments of fact than of policy.

It is only a small minority of our young men who become lawyers, and of

them many do not practice before juries. Nor do any large number of men

become scholars or men of science or public men, who have to deal with

questions of historical fact or to make arguments of fact on large

states of affairs. On the other hand, all of us have to weigh and

estimate arguments of fact pretty constantly. Sooner or later most men

serve on juries; and all students have to read historical and economical

arguments. We shall therefore give some space in Chapter III to

considering the principles of reasoning by which we arrive at and test

conclusions as to the existence of facts, and the truth of assertions

about them.

9. Arguments of Policy. When we turn from arguments of fact to

arguments of policy it will be noticed that there is a change in the

phraseology that we use: we no longer say that the assertions we

maintain or meet are true or not true, but that the proposals are right

or expedient or wrong or inexpedient; for now we are talking about what

should or should not be done. We say, naturally and correctly, that it

is or is not true that woman suffrage has improved political conditions

in Colorado but it would be a misuse of words to say that it is true or

not true that woman suffrage should be adopted in Ohio; and still more

so to use the word "false," which has an inseparable tinge of moral

obliquity. In questions of policy that turn on expediency, and in some,

as we shall see directly, that turn on moral issues, we know beforehand

that in the end some men who know the subject as well as we do and whose

judgment is as good and whose standards are as high, will still

disagree. There are certain large temperamental lines which have always

divided mankind: some men are born conservative minded, some radical

minded: the former must needs find things as they are on the whole good,

the latter must needs see vividly how they can be improved. To the

scientific temperament the artistic temperament is unstable and

irrational, as the former is dry and ungenerous to the latter. Such

broad and recognized types, with a few others like them, ramify into a

multitude of ephemeral parties and classes,--racial, political, social,

literary, scholarly,--and most of the arguments in the world can be

followed back to these essential and irremovable differences of

character. Individual practical questions, however, cross and recross

these lines, and in such cases arguments have much practical effect in

crystallizing opinion and judgment; for in a complicated case it is

often extremely hard to see the real bearing of a proposed policy, and a

good argument comes as a guide from the gods to the puzzled and

wavering. But though to be effective in practical affairs one has to be

positive, yet that is not saying that one must believe that the other

side are fools or knaves. Some such confusion of thought in the minds of

some reformers, both eminent and obscure, accounts for the wake of

bitterness which often follows the progress of reform. Modesty and

toleration are as important as positiveness to the man who is to make a

mark in the world.

Arguments of policy are of endless variety, for we are all of us making

them all the time, from the morning hour in which we argue with

ourselves, so often ineffectually, that we really ought to get up when

the clock strikes, to the arguments about choosing a profession or

helping to start a movement for universal peace. It would be a weariness

to the flesh to attempt a classification of them that should pretend to

be exhaustive; but there are certain major groups of human motive which

will be a good basis for a rough, but convenient, sorting out of the

commoner kinds of arguments of policy. In practical affairs we ask first

if there is any principle of right or wrong involved, then what is best

for the practical interests of ourselves and other people, and in a few

cases, when these other considerations are irrelevant, what course is

dictated by our ideas of fitness and beauty. I will briefly discuss a

few of the main types of the argument of policy, grouping them according

as they appeal chiefly to the sense of right and wrong, to practical

interests, or to aesthetic interests.

There are many arguments outside of sermons which turn on questions of

right and wrong. Questions of individual personal conduct we had better

not get into; but every community, whether large or small, has often to

face questions in which moral right and wrong are essentially involved.

In this country the whole question of dealing with the sale of alcoholic

drinks is recognized as such. The supporters of state prohibition

declare that it is morally wrong to sanction a trade out of which

springs so much misery; the supporters of local option and high license,

admitting and fighting against all this misery and crime, declare that

it is morally wrong to shut one's eyes to the uncontrolled sales and the

political corruption under state-wide prohibition. The strongest

arguments for limiting by law the hours of labor for women and children

have always been based on moral principles; and all arguments for

political reform hark back to the Ten Commandments. One has the

strongest of all arguments if he can establish a moral right and wrong

in the question.

The difficulty comes in establishing the right and wrong, for there are

many cases where equally good people are fighting dead against each

other. The question of prohibition, as we have just seen, is one of

those cases; the slavery question was a still more striking one. From

before the Revolution the feeling that slavery was morally wrong slowly

but steadily gained ground in the North, until from 1850 it became more

and more a dominant and passionate conviction.[1] Yet in the South,

which, as we must now admit, bred as many men and women of high devotion

to the right, this view had only scattered followers. On both sides

tradition and environment molded the moral principle. In arguing,

therefore, one must not be too swift in calling on heaven to witness to

the right; we must recognize that mortal vision is weak, and that some

of the people whom we are fighting are borne on by principles as

sincerely held to be righteous as our own.

Nevertheless, a man must always hold to that which to him seems right,

and fight hard against the wrong, tolerantly and with charity, but with

unclouded purpose. In politics there are still in this country many

occasions when the only argument possible is based on moral right. The

debauching of public servants by favors or bribes, whether open or

indirect, injustice of all sorts, putting men who are mentally or

morally unfit into public office, oppression of the poor or unjust

bleeding of the rich, stirring up class or race hatred, are all evils

from which good citizens must help to save the republic; and wherever

such evils are found the moral argument is the only argument worthy of a

decent citizen.

By far the most numerous of arguments of policy, however, are those

which do not rise above the level of practical interests. The line

between these and arguments of moral right is not always easy to draw,

for in the tangle of life and character right and advantage often run

together. The tariff question is a case in point. Primarily it turns on

the practical material advantage of a nation; but inevitably in the

settling of individual schedules the way opens for one industry or

branch of business to fatten at the expense of another, and so we run

into the question of the square deal and the golden rule.

In general, however, the great questions on which political parties

divide are questions of practical expediency. Shall we, as a nation, be

more comfortable and more prosperous if the powers of the federal

government are strengthened and extended? Shall we have better local

government under the old-fashioned form of city government, or under

some form of commission government? Should we have more business and

more profitable business if we had free trade with the Dominion of

Canada? Shall we be better off under the Republican or the Democratic

party? All these are questions in which there is little concern with

right and wrong: they turn on the very practical matter of direct

material advantage. In some of these cases most men vote on one side or

the other largely through long habit; but there constantly arise,

especially in local matters, questions which cross the usual lines of

political division, so that one, willingly or unwillingly, must take the

trouble of thinking out a decision for himself. Not infrequently one is

a good deal puzzled to decide on which side to range himself, for the

issues may be complex; then one reads the arguments or goes to meetings

until one side or the other seems to present the most and the most

important advantages. When one is thus puzzled, an argument which is

clear and easy to understand, and which makes its points in such a way

that they can be readily carried in mind and passed on to the next

person one meets, has a wonderful power of winning one to its side.

The arguments of policy which, after political arguments, are the most

common, are those on questions of law. As we have seen a few pages

back, such arguments are settled by the judges, while questions of fact

are left to the jury. In the White Murder Case, in which Daniel Webster

made a famous argument, it was a question of fact for the jury whether

the defendant Knapp was in Brown Street at the time of the murder, and

whether he was there for the purpose of aiding and abetting

Crowninshield, the actual murderer; the question whether his presence

outside the house would make him liable as a principal in the crime was

a question of law. This distinction between questions of fact and

questions of law is one of the foundation principles of the common law.

From the very beginning of the jury system, when the jury consisted of

neighbors who found their verdict from their own knowledge of the case,

to the present day when they are required carefully to purge their minds

of any personal knowledge of the case, the common law has always held

that in the long run questions of fact can best be settled by average

men, drawn by lot from the community. Questions of law, on the other

hand, need learning and special training in legal reasoning, for the

common law depends on continuity and consistency of decision; and a new

case must be decided by the principles which have governed like cases in

the past.

Nevertheless, these principles, which are now embodied in an enormous

mass of decisions by courts all over the English-speaking world, are in

essence a working out into minute discriminations of certain large

principles, which in turn are merely the embodiment of the practical

rules under which the Anglo-Saxon race has found it safest and most

convenient to live together. They settle in each case what, in view of

the interests of the community as a whole and in the long run, and not

merely for the parties now at issue, is the most convenient and the

justest thing to do. Mr. Justice Holmes, of the Supreme Court of the

United States, wrote before his appointment to that bench:

"In substance the growth of the law is legislative. And this in a deeper

sense than that what the courts declare to have always been the law is

in fact new. It is legislative in its grounds. The very considerations

which judges most rarely mention, and always with an apology, are the

secret roots from which tine law draws all the juices of life. I mean of

course considerations of what is expedient for the community concerned.

Every important principle which is developed by litigation is in fact

and at bottom the result of move or less definitely understood views of

public policy; most generally, to be sure, under our practices and

traditions, the unconscious result of instinctive preferences and

inarticulate convictions, but none the less traceable to views of public

policy in the last analysis."[2]

In some cases it is obvious that the question of law is a question of

policy, as in the so-called "political decisions" of the United States

Supreme Court. Such were the decisions formulated by Chief Justice

Marshall on constitutional questions, which made our government what it

is. The difference between "the strict construction" of the Constitution

and the "free construction" was due to a difference of temperament which

has always tended to mark the two great political parties of the

country. So with the Insular cases, which determined the status of the

distant possessions of the United Stales, and which split the Supreme

Court into so many pieces: the question whether the Constitution applied

in all its fullness to Porto Rico and the Philippines was essentially a

political question, though of the largest sort, and therefore a question

of policy.

Finally, there are the arguments of policy which deal with matters of

taste and aesthetic preference. The difficulty with these arguments is

that they do deal with questions of taste, and so fall under the ancient

and incontrovertible maxim, _de gustibus non est disputandum_. Artists

of all varieties and some critics are given to talking as if preferences

in color, in shape, in styles of music, were absolutely right and wrong,

and as if they partook in some way of the nature of moral questions; but

any one who has observed for even twenty years knows that what the

architects of twenty years ago declared the only true style of art is

now scoffed at by them and their successors as hopelessly false. The

cavelike forms of the Byzantine or Romanesque which superseded the

wooden Gothic have in turn given way to Renaissance classic in its

various forms, which now in turn seem on the point of slipping into the

rococo classical of the École des Beaux Arts. In painting, the violent

and spotty impressionism of twenty years ago is paling into the study of

the cool and quiet lights of the Dutchmen of the great period.[3] And at

each stage there are strenuous arguments that the ideas of that

particular live years are the only hope for the preservation of the art

concerned.

The essential difficulty with all such arguments is that the aesthetic

interests to which they appeal are personal, and depend on personal

preferences. Most of us in such matters, having no special knowledge,

and liking some variety of differing styles, modestly give way to the

authority of any one who makes a profession of the art. In the laying

out of a park a landscape architect may prefer single trees and open

spaces, where the neighbors and abutters prefer a grove. In the long run

his taste is no better than theirs, though he may argue as if they were

ignorant and uncultivated because they disagree with him. In all such

cases, unless there is some consideration of practical expediency, such

as letting the southwest wind blow through in summer, arguments can do

little except to make and keep everybody angry. Their chief value is to

make us see things which perhaps we had not thought of.

In practice these three kinds of arguments, which turn on moral,

practical, and aesthetic considerations, tend to be much mingled. The

human mind is very complex, and our various interests and preferences

are inseparably tangled. The treacheries of self-analysis are

proverbial, and are only less dangerous than trying to make out the

motives of other people. Accordingly we must expect to find that it is

sometimes hard to distinguish between moral and aesthetic motives and

practical, for the morality and the taste of a given people always in

part grow out of the slow crystallizing of practical expediencies, and

notions of morality change with the advance of civilization.

Furthermore, one must never forget that an argument of policy which

does not involve and rest on subsidiary questions of fact is rare; and

the questions of fact must be settled before we can go on with the

argument of policy. Before this country can intelligently make up its

mind about the protective tariff, and whether a certain rate of duty

should be imposed on a given article, a very complex body of facts

dealing with the cost of production both here and abroad must be

settled, and this can be done only by men highly trained in the

principles of business and political economy. Before one could vote

intelligently on the introduction of a commission form of government

into the town he lives in he must know the facts about the places in

which it has already been tried. It is not too much to say that there is

no disputed question of policy into which there does not enter the

necessity of looking up and settling pertinent facts.

On the other hand, there are some cases of questions of fact in which

our practical interests deeply affect the view which we take of the

facts. In all the discussions of the last few years about federal

supervision and control of the railroads it has been hard to get at the

facts because of the conflicting statements about them by equally honest

and well-informed men. Where there is an honest difference of interest,

as in every case of a bargain, the opposite sides cannot see the facts

in the same way: what is critically significant to the railroad manager

seems of no great consequence to the shipper; and the railroad manager

does not see the fixed laws of trade which make it impossible for the

shipper to pay higher freight rates and add them to the price of his

goods. It is not in human nature to see the whole cogency of facts that

make for the other side. In all arguments, therefore, it must be

remembered that we are; constantly swinging backward and forward from

matters of fact to matters of policy. In practice no hard-and-fast line

separates the various classes and types; in the arguments of real life

we mingle them naturally and unconsciously.

Yet the distinction between the two main classes is a real one, and if

one has never thought it out, one may go at an argument with a blurred

notion of what he is attempting to do. Since argument after school and

college is an eminently practical matter, vagueness of aim is risky. It

is the man who sees exactly what he is trying to do, and knows exactly

what he can accomplish, who is likely to make his point. The chief value

of writing arguments for practice is in cultivating a keen eye for the

essential. To write a good argument means, as we shall see, that the

student shall first conscientiously take the question, apart so as to

know exactly the issues involved and the unavoidable points of

difference, and then after searching the sources for information, he

shall scrutinize the facts and the reasoning both on his own side and on

the other. If he does this work without shirking the hard thinking he

will get an illuminating perception of the obscurities and ambiguities

which lurk in words, and will come to see that clear reasoning is almost

wholly a matter of sharper discrimination for unobserved distinctions.

EXERCISES

1. Find an example which might be thought of either as an argument or an

exposition, and explain why you think it one or the other.

2. Find examples in current magazines or newspapers of an argument in

which conviction is the chief element, and one in which persuasion

counts most.

3. Give three examples from your talk within the last week of a

discussion which was not argument as we use the term here.

4. Show how, in the case of some current subject of discussion, the

arguments would differ in substance and tone for three possible

audiences.

5. Find three examples each of questions of fact and questions of policy

from current newspapers or magazines.

6. Find three examples of questions of fact in law cases, not more than

one of them from a criminal case.

7. Find three examples of questions of fact in history or literature.

8. Find three questions of a large state of affairs from current

political discussions. 9. Find three examples of questions of fact in

science.

10. Find from the history of the last fifty years three examples of

questions which turned on moral right.

11. Give three examples of questions of expediency which you have heard

argued within the last week.

12. Give an example from recent decisions of the courts which seems to

you to have turned on a question of policy.

13. Give two examples of questions of aesthetic taste which you have

recently heard argued.

14. In an actual case which has been or which might be argued, show how

both classes of argument and more than one of the types within them

enter naturally into the discussion.

15. Name three subjects which you have lately discussed which would not

be profitable subjects for a formal argument.

16. Name five good subjects for an argument in which you would draw

chiefly from your personal experience.

17. Name five subjects in which you would get the material from reading.

18. Name five subjects which would combine your own experience with

reading.

19. Find how many words to the page you write on the paper you would use

for a written argument. Count the number of words in a page of this

book; in the column of the editorial page of a newspaper.

The Making of Arguments · 第 1 / 7 章