The Making of Arguments

the several parts by such headings as "The following terms need definition," "The following facts are agreed on," "The following points will be left out of consideration in this argument" "The chief contentions on the two sides are as follows," "The main issues on which the argument will be made are as follows." It is not to be expected that all these steps, with the appropriate headings, will be necessary in every brief. The only use of a brief is to aid you to construct a specific argument, and you must consider each case by itself. 3. Follow a uniform system of numbering throughout, so that each number or letter used will show whether the statement is one of the main supports of your case, or in what degree it is subordinated. In other words, the numbering should show at a glance whether a given assertion is a main reason, a reason for a reason, or in still more subordinate degree of support. The system of numbering in the brief on page 90 is convenient. Whatever system is adopted, it should be followed by the whole class. 4. The refutation should have a distinct set of symbols. These symbols may well be uniform with the others, but with the prime mark to distinguish them (see p. 93). 5. In briefing the refutation always state first the assertion that is to be refuted, with such connectives as, "Although it is urged ..., yet the contention is unsound, for ...," "Although the case is cited, ... yet the case is irrelevant, for ..." These connectives will vary with the nature of the assertion to be refuted; the important thing is to state the assertion so clearly that your critic can judge the relevancy and force of your refutation. (For examples, see pp. 91-93.) II 6. A brief in all its parts should be phrased in complete sentences; mere topics are of no value. In the brief on page 90, if the headings under I were "A. Party politics, B. Waste in contracts, C. No responsibility for expenditures," neither the maker of the brief nor the critic of it could know with any certainty the course of the reasoning. It is undoubtedly true that many lawyers and other men of affairs use only topic heads when they are planning an argument; but it is to be remembered that they are men who have been training their powers of thought in hard earnest, and their ability to work out and stick to a train of reasoning with so little written aid has not much bearing on what is the best practice for young men who are in the process of gaining this ability. To make a full outline of the reasoning in a few arguments is the best way to get the sense for logical and coherent structure. 7. Each heading should contain a single assertion only. The reason for this rule is obvious: if under each assertion you are going to set the reasons for that assertion, you will get into trouble if your assertion is double-headed, since what is a reason for one part of it may not be a reason for another. If in the brief on page 90 heading I B should read, "Advantageous contracts cannot be made, and the responsibility for expenditures is scattered," subheading I C 2, "Accounts are submitted to separate committees of the two boards in which no members have special responsibility," would have nothing to do with the making of contracts, and subheading I B 1, "Contracts must be passed on by both aldermen and common councilmen and the mayor," would have nothing to do with expenditures. 8. In the body of the brief the assertions should be arranged as follows: Each main heading should embody one of the main issues as stated in the Introduction; and each of the subordinate assertions should stand as a reason for the assertion to which it is subordinate. The connective between an assertion and one subordinate to it will therefore be for, since, or because, or the like, not hence or therefore, or the like. A brief thus arranged lays out the reasoning in a complete and easily scrutinized form. Thus in the brief on page 90 for the assertion in the first main issue, "The admitted inefficiency, of the city government at present is due to the system of government," three chief reasons are given: A. "Partisan politics determine nominations to office," B. "Advantageous contracts cannot be made," and C. "The responsibility for expenditures is scattered." Then for each of these secondary assertions reasons in support are adduced; thus for B. "Advantageous contracts cannot be made," the reasons are I. "Contracts must be passed on separately by aldermen, common councilmen, and the mayor," and 2. "Bargains are made between the aldermen representing different wards." In this case final references are given for each of these subordinate assertions, so that we get down to the ultimate foundation of verifiable fact on which the argument is to be built up. The advantage of this form is that if you have set down several assertions as reasons for another, and you are doubtful whether they all belong there, you can test them separately by putting them one by one after the main assertion they are intended to support with a "for" or a "since" between. You put the assertion first and the reason for it afterwards, because when there is more than one reason in support, if you have the reason first you must then repeat the assertion with each reason, or run the risk of confusion. If under I in the brief on page go, for example, you began with the reason, "In the present system partisan politics determine nominations to office," and then added the result, "Therefore the city government is inefficient," you would have to repeat the result with B and C; and when you came to the third degree of support, the repetition would be intolerably clumsy and confusing. 9. Headings and subheadings should not have more than one numbering. The reason for this rule is also obvious: each heading or subheading marks a step in the argument, and what belongs on one step cannot be on another at the same time. In the brief on page 90 the assertion that "Partisan politics determine nominations to office" is stated as a chief reason for the assertion in the first main issue, that "The admitted inefficiency of the city government at present is due to the system of government." It would confuse a reader to mark it A I, as if it wore a support also in the second degree. 10. The brief should give references to the evidence or authorities relied on to support assertions. General references to articles and books which will be constantly referred to should be put at the beginning of the brief. References to specific statements of fact or quotations of opinion should be added as they occur in the brief (see the brief on p. 90). EXERCISES 1. Criticize the following portion of a brief: This college should have a longer Christmas vacation, for I. College life tends to break up family life; A. Father and son; B. Younger brothers and sisters; C. Intimate friends. 2. Criticize the following detached portions of a brief on the proposition, This city should double its appropriation for the public library, and amend them if necessary: a. II. The funds for the purchase of books are insufficient and the staff is inadequate. b. B. The reading room is crowded to suffocation, therefore 1. Many people avoid the library. c. III. Those who oppose the increased appropriation declare that A. The library is a luxury for the rich; hence 1. The rich should support it; but 2. This is not true, for a. Most of the borrowers of books are people of moderate means; therefore b. The city should support the library. d. IV. A. The city is able to double the appropriation; for 1. It has spent largely for parks, a. Which are also for the pleasure and improvement of the citizens; b. Hence it can pay for additions to the library. e. VI. It is not true A. That the readers want only recent fiction and that they should buy these books for themselves; for 1. They mostly are not able to buy books; hence 2. They should be encouraged to read other books. 3. Give an example of an argument and an audience where it would be necessary to put the refutation first; of one in which it would be necessary to stir up the interest of readers at the start. 4. Suggest methods for gaining the interest of the readers in the last case. SPECIMEN BRIEF Wytown should adopt a commission government like that of Des Moines, Iowa. General references: C.R. Woodruff, City Government by Commission. New York, 1911; J.J. Hamilton, The Dethronement of the City Boss, New York, 1910; City newspapers of various dates; draft of proposed charter, published by the Citizens' Association. (The successive steps of the introduction will be found on pp. 43, 53, 70, 74-75, 76-77, 79-80.) I. The admitted inefficiency of the city government at present is due to the system of government; for A. Partisan politics determine nominations to office; since 1. The organization of the national parties is permanent, and that of any citizens' movement temporary. 2. There has been bargaining between the parties to reward political services by city offices. Daily papers, March 12-20, 1909; March 3-15, 1910. B. Advantageous contracts cannot be made; for 1. Contracts must be passed on separately by aldermen, common councilmen, and the mayor. Present city charter, sections 19-21. 2. Bargains are made between the aldermen representing different wards. Daily papers, October 3, 1908; January 25, 1910. C. The responsibility for expenditures is scattered; for 1. Heads of departments are responsible to the two boards and not to the mayor. Present city charter, section 15. 2. Accounts are submitted to separate committees of the two boards in which no members have special responsibility. Present city charter, sections 22-23. II. The adoption of the plan will result in important economies; for A. The administration of city affairs will be made simpler; since 1. The councilmen will both lay out the work and be responsible for the execution of it. Draft or charter, sections 5 and 13. 2. Plans for work in all departments will be considered together. 3. A small body with full powers can make better bargains than two larger ones acting independently. B. The plan has resulted in economies where it has been tried; for 1. In Des Moines, Iowa, the first year under the new charter showed a relative saving of $182,949.65 as compared with the year before. C. R. Woodruff, as cited, p. 250. 2. In Haverhill, Massachusetts, in the first year of commission government a deficit of $79,452 was turned into a surplus of $36,511, after paying off indebtedness to the extent of $133,000. C. R. Woodruff, as cited, p. 278. 1'. Though a despatch in a daily paper (April 3, 1911) declares that the city of Haverhill has been forced to borrow, yet the report is untrustworthy without further evidence; for a'. In itself it is contradictory and confused; and b'. It is known that professional politicians and other enemies of the plan have often spread false reports about it. McClure's Magazine, Vol. XXXV, p. 107. III. The adoption of the plan will result in more efficient service to the city; for A. A better class of citizens will be drawn into office; for 1. City officials can plan and carry out their policies without petty interference; 2. In Cedar Rapids, Iowa, the commission, employed a civic-service expert, and carried out his recommendations. J. J. Hamilton, as cited, p. 180. 3. In Galveston, Texas, citizens of a better grade have taken office, and the tone of the city administration has been raised. W. B. Munro, in The Chautauquan, Vol. LI, p. 110. B. Commission government has resulted in better administration where it has been tried; for 1. Galveston and Houston, Texas, Des Moines and Cedar Rapids, Iowa, have all reported better police administration, improvements in streets and parks, more advantageous dealings with public-service corporations. C. J. Woodruff, as cited, pp. 242-287. 2. No city which has tried the plan has yet given it up. C. J. Woodruff, as cited, p. 310. 1'. Although Chelsea, Massachusetts, is cited