The Making of Arguments

by J. H. Gardiner

Take one of the questions on pages 10-12, with which you have some acquaintance, and obtain the main issues by noting down first the points which might be urged on the two sides.

NOTE. This exercise is a good one for class work. Let the class suggest the points, and write them, as they come, on the blackboard. Then call for criticism and discussion of them, in order to come to the main issues.

22. The Agreed Statement of Facts. Now that you have compared the points on which the two sides disagree, you can pick out the points on which they agree, and decide which of the latter will enter into the discussion. You are therefore in a position to draw up the agreed statement of facts, in which you will sum up compactly so much of the history of the case, of the origin of the present question, and other relevant facts and necessary definitions, as will be needed to understand the brief. The style of this statement should be strictly expository, and there should be nothing in it to which both sides could not agree. It should be similar to the statements of facts in courts of law, which are sent up with the briefs when a case is appealed on a point of legal principle.

Since this agreed statement of facts is not argument, it will make small use of such conjunctions as "because," "for," "hence," and "therefore." If you find any of them in your agreed statement, it is better to rearrange it, so that you will not seem to be giving reasons before you have begun your argument.

In the making of this preliminary statement and to a certain extent in the framing of the main issues, it is convenient and advisable, wherever both sides of the question are to be presented in arguments, whether in writing or in debate, for the two parties to work together. In this working together they should aim to agree on as many points as possible. If they meet in a carping and unyielding temper, the result will be in the end that the patience of the audience will be tried and its attention dispersed by lengthy arguments on preliminary details. In making an argument one should never forget, even in school and college work, that the aim of all argument is to produce agreement. Few people have much interest in a contest in smartness; and it is a bad habit to care too much about the mere beating of an opponent on a question where there are real and serious issues. Any question which is worth arguing at all will have far more ground to cover, even when everything possible has been granted by both sides, than the average student can cover with any thoroughness.

Notebook. Enter those of the essential facts and definitions in the case which would be agreed to by both sides, and which are needed for an understanding of the brief.

Illustration. Agreed Statement of Facts. For many years the tax rate in Wytown has been high, and in the last ten years has not fallen below twenty-four dollars on one thousand dollars. The city water supply is of doubtful purity, and nothing has been done to improve it, chiefly because the city debt is now close to the limit allowed by law. The police service has been inadequate, especially in the region known as South Corner. Though two hundred thousand dollars have been spent on the streets in the last five years, the main street of the city is still unpaved, and none of the other streets are macadamized. Though under the local option law the city has uniformly voted for no license, yet there is much liquor selling. The city officials have regularly been nominated at Democratic and republican conventions.

The question has arisen at the present time because of quarrels between the mayor and aldermen, because of the petition of the city government to the legislature to issue bonds for new waterworks above the authorized debt limit, because the tax rate last year was higher than ever before in the history of the city, and because of the formation of a citizens' association which has been instrumental in securing from the legislature a bill authorizing the citizens to vote on the adoption of the proposed plan.

Points which are not discussed here will be taken up in succeeding papers.

The definitions on page 70 are to be taken as part of this agreed statement.