The Making of Arguments

chemist finds an hypothesis live enough to spend a year in its verification: he believes in it to that extent. But if his experiments prove inconclusive either way, he is quit for his loss of time, no vital harm being done. It will facilitate our discussion if we keep all these distinctions well in mind.55 In some arguments the working out of the definitions of a few principal terms may occupy much space. Matthew Arnold, a famous critic of the last generation, wrote as an introduction to a volume of selections from Wordsworth's poems an essay with the thesis that Wordsworth is, after Shakespeare and Milton, the greatest poet who has written in English; and to establish his point he laid down the definition that "poetry is at bottom a criticism of life; that the greatness of a poet lies in his powerful and beautiful application of ideas to life—to the question, How to live." To the development of this definition he gave several pages, for the success of his main argument lay in inducing his readers to accept it. Many legal arguments are wholly concerned with establishing definitions, especially in those cases which deal with statute law. The recent decisions of the Supreme Court of the United States in the Corporation Tax cases and the Standard Oil Case are examples: in each of these what was at issue was the exact meaning of the words used in certain statutes passed by Congress. In the common law, too, there are many phrases which have come down from past centuries, the meanings of which have been defined again and again as new cases came up. We have seen (p. 63) how careful definition the word "murder" may need. "Malice aforethought" is another familiar instance: it sounds simple, but when one begins to fix the limits at which sudden anger passes over into cool and deliberate enmity, or how far gone a man must be in drink before he loses the consciousness of his purposes, even a layman can see that it has difficulties. In such cases as these a dictionary definition would be merely a starting point. It may be a very useful starting point, however, as in the following extract from an article by Mr. E.P. Ripley, president of the Atchison, Topeka, and Santa Fe Railway Company, on "The Railroads and the People": There is one point regarding this matter that many forget: this is that in all affairs there are two kinds of discrimination. There is the kind, which, as the dictionary expresses it, "sets apart as being different," which "distinguishes accurately," and there is the widely different kind which "treats unequally." in all ordinary affairs of life we condemn as "undiscriminating" those who have so little judgment or fairness as not to "distinguish accurately" or "set apart things that are different"—who either treat equally things that are unequal, or treat unequally things that are equal. Now, when the railway traffic manager "sets apart things that are different," and treats them differently, he simply does what it is the duty of every one to do.56 Then he goes on to develop this definition by showing the facts on which it has to bear. On the other hand do not bore your readers with dictionary definitions of words whose meaning no one doubts; that is a waste of good paper for you, and of good time for them; and we have seen in Chapter II the futility of the dictionary for cases in which there is real disagreement over the meaning of a word. It will be seen, then, that the analysis you have made in preparation for the brief may spread out large or small in the argument itself. It is wise, therefore, to look on the work done for the introduction to the brief as work done largely to clear up your own thought on the subject; when you come to writing out the argument itself, you can go back to the introduction to the brief, and see how much space you are now going to give it. In a college or school argument you will usually follow it rather closely; and you do well to do so, for you will thus fix in your mind a useful model. But when you get out into the world, you will have to consider in each case the needs and prepossessions of the particular audience. Here as everywhere in the argument you must exercise judgment; there is no formula which will fit all cases. The scheme of analysis of the case which has been expounded in Chapter II has stood the test as the best means yet found of exploring a subject and insuring clarity of thought and certainty of attack;57 but I know of no single fixed scheme for the argument itself which will not be racked apart by the first half dozen practical arguments you apply it to. 51. The Body of the Argument. In the main body of the argument the difference from the brief will be largely a matter of expansion: the brief indicates the evidence, the argument states it at length. Here again you cut your argument to fit your audience and the space at your command. In an argument in the editorial of a newspaper, which is rarely longer than a long college theme, there is little space for the statement of evidence. In Webster's argument in the White Murder Case, which has some thirteen thousand words and which must have taken two hours or more to deliver, the facts are studied in minute detail. Most people are surprised to see the way in which a full statement of evidence eats up space; if the facts are at all complicated, they must be analyzed and expounded one by one and their bearing on the case laid out in full. This necessity of using space in order to make facts clear is the reason why it is so hard to find adequate and convincing arguments which will print in less than fifteen or twenty pages. The trouble with a swift and compact argument like that of Macaulay's on the authorship of the Junius Letters (see p. 155) is that unless you have gone into the question for yourself, you do not know whether to accept the stated facts or not. If you do accept them, the conclusion is inevitable; but if you happen to know that scholars have long held the decision doubtful, you want to know more about the facts in detail before surrendering to Macaulay's conclusion. For an average reader to-day, who knows little of the facts, this argument would have to be greatly expanded. In this expansion comes the chance for all the skill in exposition that you can muster, and for that subtle appeal to your readers' feelings which lies in vividness and precision of phrasing, considerations with which I will deal separately further on. Questions of proportion of space we may consider here. The only rule that can be laid down for the distribution of your space is to use your sagacity, and all your knowledge of your subject and of your audience. In a written argument you have the advantage that you can let your pen run on your first draft, and then go back and weigh the comparative force of the different parts of the argument, and cut out and cut down until your best points for the purpose have the most space. In a debate the same end is gained by rehearsals of the main speeches; in the rebuttal, which is best when it is spontaneous, you have to trust to the judgment gained by practice. Other things being equal, however, brevity carries an audience. If you can sum up your case in half the time that it takes the other side to state theirs, the chances are that your audience will think you have the right of it. Above all, beware of boring your readers by too exhaustive explanation of details or of aspects of the case which they care nothing about. I suppose there is no one of us who has not a worthy friend or two who will talk through a whole evening on whether a lawn should be watered in the evening or the early morning, or whether the eighth hole on the golf course should not be fifty yards longer. One must not be like the man who in the discussion of bimetallism a few years ago used to keep his wife awake at night expounding to her the iniquities and inequalities of a single standard. It is safer to underestimate than to overestimate the endurance and patience of your audience. 52. The Refutation. The place of the refutation will, as we have seen in the chapter on planning (see p. 82), vary greatly with the argument and with the audience. Its purpose is to put out of the way as effectively as possible the main points urged by the other side. In an argument of fact this is done both by exposing weak places in the reasoning and by throwing doubt on the facts cited, either through proof that they are contradicted by better evidence, or that the evidence brought forward to establish them is shaky or inconclusive. In an argument of policy the points on the other side are met either by throwing doubt on the facts on which they rest, or by showing that the points themselves have not coercive force. Where there are really strong points on the other side, in either kind of argument, it is often sound policy to admit their strength. This is especially true in arguments of policy where the advantages are closely balanced. If you are trying to convince a boy that he should go to your college rather than to another, you do not gain anything by telling him that the other college is no good; if he is worth gaining over he will know better than that. And in general if you have given a man to understand that there is nothing to be said for the other side, and he afterwards finds that there are strong grounds for it, your argument will have a fall in his estimation. In the manner of your refutation lean towards the side of soberness and courtesy. It has been said that the poorest use you can put a man to is to refute him; and it is certain that in the give and take of argument in active life the personal victories and defeats are what are soonest forgotten. If after a while you have to establish a fact in history or in biology, or to get a verdict from a jury or a favorable report from the committee of a legislature, you will think a good deal more about the arguments of your opponents than about them personally. There are few arguments in which you can afford to take no notice of the strong points of the other side; and where the burden of proof is strongly with you, your own argument may be almost wholly refutation; but it is always worth bearing in mind that if it is worth while for you to be arguing at all, there is something, and something of serious weight, to be said on the other side. 53. The Conclusion. The conclusion of your argument should be short and pointed. Gather the main issues together, and restate them in terms that will be easy to remember. Mere repetition of the points as you made them in your introduction may sound too much like lack of resource; on the other hand, it helps to make your points familiar, and to drive them home. In any event make your contentions easy to remember. Most of us go a long way towards settling our own minds on a puzzling question when we repeat to some one else arguments that we have read or heard. If you can so sum up your argument that