The Making of Arguments

by J. H. Gardiner

In the third place, it is desirable that the proposition should be so framed as to throw the burden of proof on the affirmative. Unless the side which opens the debate has something definite to propose, the debate must open more or less lamely, for it is hard to attack or oppose something which is going to be set forth after you have finished talking. Here, however, as in the case of written arguments, it must be remembered that burden of proof is a vague and slippery term; "he who asserts must prove" is a maxim that in debate applies to the larger issues only, and the average audience will give themselves little trouble about the finer applications of it. If you are proposing a change in present conditions, and the present conditions are not very bad, they will expect you to show why there should be a change, and to make clear that the change you propose will work an improvement. It is only when conditions have become intolerable that an audience thinks first of the remedy. In the ordinary school or college, for example, there is little reason in current conditions for introducing the honor system in examinations: in such a case the burden of proof on the affirmative would be obvious, If, however, as occasionally happens, there has been an epidemic of dishonesty in written work, then the authorities of the school and the parents would want to know why there should not be a change. But it would both bore and confuse an audience to explain to them at length the theory of the shifting of the burden of proof; and the chances are that they would say, "Why doesn't he prove his point, and not spend his time beating about the bush?"

Finally, the proposition should, if possible, give to the negative as well as to the affirmative some constructive argument. If one side occupies itself wholly with showing the weakness of the arguments on the other side, you get nowhere on the merits of the question; for all that has been shown in the debate, the proposition put forward by the affirmative may be sound, and the only weakness lie in its defenders. Moreover, where the negative side finds no constructive argument on the merits of the question, or elects to confine itself to destructive, arguments, it must beware of the fallacy "of objections"; that is, of assuming that when it has brought forward some objections to the proposition it has settled the matter. As I have so often pointed out in this treatise, no question is worth arguing unless it has two sides; and that is merely saying, in another way, that to both sides there are reasonable objections. Where a negative side confines itself to destructive arguments it must make clear that the objections it presents are really destructive, or at any rate are clearly more grave than those which can be brought against leaving things as they are. And if they confine themselves to destroying the arguments brought forward by the affirmative in this particular debate, they must make clear that these arguments are the strongest that can be brought forward on that side.

On all questions as to construction of terms and burden of proof, it should be understood beforehand that the judges of a formal debate will heavily penalize anything like pettifogging or quibbling. The two sides should do their best to come to a "head-on" issue; and any attempt at standing on precise definition, or sharp practice in leading the other side away from the main question, should be held to be not playing the game. Where the judges are drawn from men of experience in affairs, as is usually the case, they will estimate such boyish smartnesses at their true value.

62. Technical Forms. The formal debates of school and college have certain forms and conventions which are partly based on parliamentary procedure, partly have been worked out to make these debates more interesting and better as practice; and there are certain preliminary arrangements that improve debating both as intellectual training and as fun. I shall speak first of the forms and conventions.

In debates in school and college it is usual to have two or three on a side, and for good reasons. In the first place, the labor of working up the subject is shared, and it is better fun working with some one else. Then, in the debate itself there is more variety. In class debates there are usually two speakers on each side, with provision of time for several four- or five-minute speeches from the floor before the closing speeches in rebuttal.[⁶⁴][!--Note--] If there are as many speakers as this a two-hour period must be allowed. This allotment of time will naturally be adapted to special conditions; as, for example, where it is desirable that there shall be more speakers from the floor, or where it is desired to give the whole time to the regular debaters. In important intercollegiate debates there are usually three speakers, each of whom has ten minutes for his main speech and five minutes for rebuttal. This arrangement varies greatly, however, in different places, and not infrequently there is only one speech in rebuttal. The affirmative is usually given the last speech, on the theory that it is a disadvantage to have to open the debate. Obviously, however, in practice the reverse may often be true, since a skillful speech in opening may largely determine the course of the debate; and for this reason many debating societies and colleges allow the closing speech to the negative. It is wise not to look on any of these rules as inviolable.[⁶⁵][!--Note--]

The distribution of the points between the speakers on a side should be made beforehand, but always with the understanding that the exigencies of the debate may upset the arrangement. We shall see presently the advantage there is in having each member of a "team" prepared to defend all the points on his side. The only speech for which a fixed program can be made beforehand is the first speech on the affirmative: obviously this must at any rate expound the main facts which the audience must know in order to understand the speeches that follow. After that each speaker should be prepared either to answer directly what has just been said or to explain why he postpones the answer. At the same time, unless his hand has been forced, he must make the point or points which have been committed to him in the preliminary plan of campaign. Each speaker after the first generally takes a minute or two to sum up the position as his side sees it; and the final speaker on each side ought to save time to recapitulate and drive home the main points that his side has made and the chief objections to the arguments on the other side. Beyond these suggestions, which should not be allowed to harden into invariable rules, much must be left to the swift judgment of the debaters. It is a good test of skill in debating to know just when to stick to such rules, and when to break away from them.

A debater uses certain forms which have long been established in parliamentary law. To begin with, he never uses the name of his opponent: if he has to refer to him he refers indirectly in some such form as "the last speaker," "the first speaker for the affirmative," "the gentlemen from Wisconsin," "our opponents," "my colleague who has just spoken." This is an inviolable rule of all debating bodies, whether a class in school or college or one of the Houses of Congress.

In a formal debate the subject is stated by the presiding officer, who is usually not one of the judges, and he also introduces each of the speakers in the order agreed on beforehand.

In class debates the subject is usually given out by the instructor, who may assign the speakers, or may call for volunteers, or may let each member of the class take his turn in regular rotation. This distribution will usually work itself out to suit the class and the circumstances. In interscholastic and intercollegiate debates the subject is generally chosen by letting one side offer a number of subjects from which the other selects one. Sometimes the team which does not have the choice of subject has the choice of sides after the other team has picked the subject. In a triangular debate two or three subjects are proposed by each team, and then one is selected by preferential voting of all the contestants, first choice counting three points, second two, and third one. In such a contest each institution has two teams, one of which supports the affirmative, and the other the negative; and the three debates take place on the same day or evening.

In class debates the two sides should unite in preparing an agreed statement of facts, which shall contain so much of the history of the case as is pertinent, facts and issues which it is agreed shall be waived, and a statement of the main issues. Furthermore, it is highly desirable that the sides should submit to each other outline briefs covering the main points of their case. With such preparations there is little probability that there can be any failure to meet. The same preparations would be useful in interscholastic and intercollegiate debates, wherever they are practicable. Anything which leads to a thorough discussion of identical points and to the consequent illumination of the question makes these entertainments more valuable.