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physical power connected with it. In some races they succeeded, but among European peoples the military authorities took the work of enforcing and defining laws out of the hands of the priests, and made it a function of the state as distinct from the Church. As security from foreign enemies increased, this law-making power became more and more important. The Government was less exclusively identified with the army, and more occupied with the courts, the legislatures, and the internal police. Its judicial and legislative functions assumed a prominence at least as great as its military function.

The growth of private property was also coincident with the development of these domestic functions of government. In fact, the two things reinforced one another. The production and accumulation of capital, to which private property gave so vigorous an impulse, placed the strong men of the community in a position where they had less to gain by war and more by peace. It put them on the side of internal tranquility. It thus made the government more powerful, and this in turn still further increased the accumulations of capital. But along with this mutual help, which strong domestic government and strong property right rendered one another, there was an element of mutual antagonism. The very fulfillment of those functions which made the accumulation of capital possible, rendered it impossible for the government to do its work except at the expense of the capitalists. It was no longer possible to support armies by booty, or courts by fines and forfeitures. The expense of maintaining order had to be paid by its friends instead of by its enemies. The growth of private property was followed by the development of a system of taxation, which, in theory at any rate, involved the power to destroy such property.

The existence of such a system of taxation, with the machinery for collecting money in this way, allows the government more freedom of industrial action than any private individual can command. It can make up a deficit by compulsory payments; and this gives it a wider range of power in deciding what services it will undertake and what prices it will chargeโ€”a power which affords almost unlimited opportunity for good or bad use, according to the degree of skill and integrity with which it is exercised.

Every extension of government activity into new fields restricts private enterprise in two ways: first by limiting the field for investment of private capital, and second, by possibly, if not probably, appropriating through taxation a part of the returns from private enterprise in all other fields. The question whether a government should manage an industry reduces itself to this: Are the deficiencies or evils connected with private management such that it is wise to give government officials the taxing power which constitutes the distinctive feature of public industrial management?

D. Draw an Introduction to a brief on each of the propositions given on page 82.

CHAPTER VI THE DISCUSSIONโ€”CONVICTION

It has been seen that one who wishes to establish the truth or the falsity of a proposition must answer certain vital questions that are bound to arise in connection with it. Then, as different persons may answer these questions in different ways, it becomes necessary for him to convince his audience that his answers are correct. He must always beware of assertiveness. This defect occurs whenever a speaker or writer makes a statement but does not establish its truth. As simple denial is always sufficient answer to mere assertion, an unsupported statement is worthless. No one can hope to win in debate or change anotherโ€™s belief unless he can prove that what he says is true; he must substantiate with proof every statement that he makes, and show that no possibility for error or deceit can exist. In argumentation every statement not commonly accented as true must be proved.

The following passage is a highly assertive bit of argument; its worthlessness is apparent.

The decision of Congress to increase still further our already enormous navy is an injustice to every individual who contributes to the support of the national government. It is a crime to squander millions of money on a fleet that we do not need. Our navy to-day is more than the equal of any foreign armament that floats. Though second in number of ships, it ranks first in efficiency among all the navies of the world. No other country can boast of such marksmanship as our gunners display; no other country can boast of such armor plate as is to be found on our first-class battleships; not even England can successfully compete with us in seamanship and in general efficiency.

Proof is โ€œanything which serves either immediately or mediately to convince the mind of the truth or the falsehood of a fact or proposition.โ€ [Footnote: On Evidence, Best, p. 45.] Belief in a specific statement is induced by a presentation of pertinent facts, and usually by a process of reasoning whereby from the existence of these known facts, the conclusion, hitherto unaccepted, is reached. Those facts that have to do with the proposition under discussion are known as evidence. The process of combining facts and deriving an inference from them is known as reasoning. Evidence may be made up of the testimony of witnesses, the opinion of experts, knowledge derived from experience, the testimony of documents, or circumstances that are generally known to have existed. Reasoning is the process by which men form opinions, render judgments, explain events, or in any way seek new truths from established facts.

In the following bit of proof, notice the facts that are stated, and see how, by a process of reasoning, they go to substantiate the idea that they are intended to prove:โ€”

New York hires two policemen where Nashville hires one, and pays them double the salary; yet Nashville is as peaceable and orderly as New York. In Nashville any child of school age can have a seat in the public schools all through the year; in New York there has been a shortage of seats for many years. Nashville has a filtered water supply; New York is going to have one as soon as the $12,000,000 filtration plant can be built at Jerome Park. Street car fares are five cents in both cities; in Nashville one can always get a seat; in New York one has to scramble for standing room. The southern city maintains hospitals, parks, food inspectors, and all other things common to New York and other large cities. Apparently, Nashville is giving as much to its inhabitants for six dollars per capita as New York for thirty-one. These facts can point to but one conclusionโ€”that Nashville has a superior system of government.

Since the first step in the generation of proof is the discovery of facts, the arguer should at the very outset become sufficiently familiar with the various kinds of evidence to estimate the value and strength of each idea that has a bearing upon the subject.

 

I. EVIDENCE.

There are two kinds of evidence: (a) direct, and (b) indirect or circumstantial. If a man sees a gang of strikers set fire to the buildings of their former employer, his evidence is direct. If, however, he only sees them stealthily leaving the buildings just before the fire breaks out, his evidence is indirect. In the latter case the manโ€™s testimony is direct evidence that the men were in the vicinity of the fire when it started, but it is indirect evidence that they perpetrated the crime. If a student who has failed to do good work throughout the term, and who has had little or no opportunity for special preparation, passes in a perfect paper at the close of an examination, the presumption is that he has received aid. The evidence on which this supposition rests is entirely circumstantial. But if some one saw the student obtaining aid, that fact would be direct evidence against him.

Direct evidence, as a rule, is considered more valuable than indirect, but each kind is frequently sufficient to induce belief. The best possible kind of evidence, the kind that is least liable to contain error or falsehood, is a combination of both direct and indirect. Either one by itself may be untrustworthy. The unreliability of evidence given by eyewitnesses is shown by the conflicting stories they frequently tell concerning the same incident even when they are honestly attempting to relate the facts as they occurred. Also, it is always possible that the inferences drawn from a combination of circumstances may be entirely wrong. When, however, both kinds of evidence are available, each confirming the other and leading up to the same conclusion, then the possibility of error is reduced to a minimum.

The opportunity of the college student for obtaining evidence in his argumentative work is limited. A lawyer before entering upon an important case often spends weeks and months in investigation; scientists sometimes devote a whole lifetime in trying to establish a single hypothesis. But the college student in preparing an argument must obtain his evidence in a few days. There are several sources at his disposal. The first available source is his fund of general knowledge and experience. If a man can establish a statement by saying that he personally knows it to be true, he has valuable proof. Then the people with whom the student comes in contact constitute another source of evidence. Anyone who can give information on a subject that is being investigated is a valuable witness. Especially in discussions on questions which pertain to college life, the opinions and experiences of college men and of prominent educators are unsurpassed as evidence. But the greatest source of evidence for the student of argumentation is the library. Here he may consult the best thought of all time in every branch of activity. He may review the opinions of statesmen, economists, educators, and scientists, and introduce as evidence their experiences and the results of their investigations. Here he may familiarize himself with the current events of the world, and draw his own conclusions as to their significance. In fact, a well equipped library treats of all subjects, however broad or narrow they may be, and furnishes evidence for all sorts of debatable questions.

As not all evidence is equally valuable, a large part of the work of argumentation consists in applying tests to the evidence at hand for the sake of determining what facts are irrefutable, what are doubtful, and what are worthless. Moreover, one engaged in argumentation must test not only his own evidence but also that of the other side. No better method of refuting an opponentโ€™s argument exists than to show that the facts on which it rests are untrustworthy. Tests of evidence may be divided into two classes: tests of the source from which it comes, and tests of the quality of the evidence itself.

 

A. TESTS OF THE SOURCE OF EVIDENCE.

Since in courts of law, in college debate, and in all kinds of argumentation, facts are established by the testimony of witnesses, the sources of evidence are the witnesses who give it. The debater and the argumentative writer have not the opportunity, as has the lawyer, of producing the witnesses and permitting them to tell their own stories to the audience. He must himself relate the evidence; and, in order that it may be believed, he must tell whence it comes. The sources of evidence may be common rumor, newspapers, magazines, official documents, private citizens, or public officials. The extent to which these witnesses are accepted as trustworthy by the people before whom they are quoted determines in a large measure whether or not the evidence will be believed. Tests for determining the trustworthiness of witnesses will next be given.

The first test of the source of evidence should be:โ€”

(1) Is the witness competent to give a trustworthy account of the matter under

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