CHAPTER V THE INTRODUCTION BRIEF-DRAWING

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Preceding chapters have dwelt on the essential characteristics of the introduction and have shown what it should be like when completed. No one but an expert writer, however, can hope that his argument, in either introduction, discussion, or conclusion, will attain any considerable completeness and excellence without first passing through a preliminary form known as the brief.

A brief is a special kind of outline: it is an outline that sets forth in specific language all the ideas to be used in that portion of the argument known as conviction, and that shows the exact relation these ideas bear to each other and to the proposition. An outline in narrative, descriptive, or expository composition is invariably made up of general suggestions, which seldom indicate the same ideas to different persons; it is inexact and incomplete. A brief, on the contrary, fails in its purpose unless it conveys accurate information. The material composing it is always in the form of complete sentences; the ideas are expressed in as exact and specific language as the writer is capable of using. A good brief means as much to the one who reads it as to the one who draws it. It is, too, a complete work in itself. It does not deal with persuasion; with this exception, however, it contains in condensed form all the material to be used in the finished argument.

There are many reasons why an arguer should first cast his material in the form of a brief. To begin with, this device enables him to grasp, almost at a glance, all the material used for the purpose of conviction; it keeps constantly before him the points that he must explain, and shows him instantly just how far he has progressed with the proof of each statement. Furthermore, a brief renders the arguer invaluable assistance in preserving the fundamental principles of composition, especially those of Unity, Coherence, Proportion, and Emphasis. It greatly simplifies his task of assorting material and assigning each part its proper place and function. It exhibits so clearly every particle of evidence and every process of reasoning employed that it affords great convenience for testing both the quality and the quantity of the proof. In fact, a good brief is so essential a part of a good argument that a student who neglects to draw the first is bound to meet failure in the second.

The rules governing brief-drawing logically divide themselves into four classes: those which apply to the brief as a whole constitute the first class and are called General Rules; those rules which apply to each of the main divisions of a brief constitute the three remaining classes and are called Rules for the Introduction, Rules for the Discussion, and Rules for the Conclusion.

GENERAL RULES.

In drawing a brief, the student should first divide his material into three groups, corresponding to the three divisions of the complete argument: the Introduction, Discussion, and Conclusion. Moreover, since absolute clearness in every particular is the prime requisite for a good brief, he should label each of these parts with its proper name, so that there may never be the slightest doubt or confusion as to where one part ends and another begins. Hence the first rule for brief-drawing is:—

Rule I. Divide the brief into three parts, and mark them respectively, Introduction, Discussion, and Conclusion.

A brief, as has been explained, is an outline that contains all the reasoning to be found in the finished argument. Reasoning processes are carried on, not with vague ideas and general suggestions, but with specific facts and exact thoughts. For this reason, only complete statements are of value in a brief. Mere terms must be avoided. A statement, it should be remembered, is a declarative sentence; a term is a word or any combination of words other than a sentence.

The following examples of terms plainly show that no reasoning process can exist without the use of complete statements:—

Strikes during the past twenty-five years.

Percentage of strikes conducted by labor organizations.

Building trades and strikes.

Since such expressions as these give no information, they are manifestly out of place in a brief. Each term may call to mind any one of several ideas. No one but the author knows whether the first term is intended to indicate that strikes have been of frequent or of infrequent occurrence, beneficial or detrimental. The second term does not indicate whether the percentage of strikes conducted by labor organizations has been great or small, increasing or decreasing. The third term is equally indefinite. Notice, however, that as soon as these terms are turned into complete sentences, they may well serve as explanation or as proof:—

During the twenty-five year period ending in 1905 there occurred in the United States 36,757 strikes.

Labor organizations directed about two-thirds of these strikes.

The building trades have had more strikes than has any other industry.
This explanation gives rise to the following rule:—

Rule II. Express each idea in the brief in the form of a complete statement.

Moreover, each sentence should contain only one idea. Every thought expressed has some specific work to do, and it can do it far more effectively if it stands by itself as a unit. The awkwardness and impracticability of proving the truth or falsity of a statement that makes several assertions has been treated under the head of Combined Propositions. Obviously, there are unwarrantable difficulties in grouping explanation or proof about such a statement as, "Municipal ownership has failed in Philadelphia, has succeeded in Edinburgh, and is likely to meet with indifferent success in New Orleans." Furthermore, a sentence that contains several distinct thoughts is very ineffective as proof for some other statement. Since one part of the sentence may be accepted as true and another part rejected, the resulting confusion is very great. To avoid all errors of this kind, the student should use, as far as possible, only simple sentences.

Rule III. Make in each statement only a single assertion.

In the next place, one who draws a brief should take pains to frame all his statements in as concise a form as he can. If he is able to state an idea in six words, he should not use seven. This principle does not mean that small words like a, an, and the should be left out, or that an obvious subject may be omitted; it does not mean that the "diary" style of writing is permissible. It means simply that one should always state his ideas as briefly as possible without violating any of the rules of Composition. Quotations should rarely appear in a brief, never unless they are very short. When an arguer wishes to make use of another writer's material, he should condense it into his own language, and state from what source he derived his information. In an expanded argument the full quotation may appear. The ability to express ideas both concisely and, at the same time, clearly, is attained only by considerable labor, yet a departure from the principle of brevity is a serious violation of good brief-drawing. Hence the rule:—

Rule IV. Make each statement as concise as is consistent with clearness.

Every brief is primarily a process of explanation. From this fact it is evident that clearness must be sought above all other qualities. Not only must the idea expressed be understood, but the relation between ideas, must be perfectly plain and evident. The reader should be able to see at a glance what material is of co-ordinate rank and what is of subordinate rank. This perspicuity is especially necessary in the discussion, where each statement is either being proved by subordinate statements or is serving as proof for some other statement. The device ordinarily adopted for exhibiting at a glance the relation between the ideas in a brief consists of two parts: first, all subordinate statements are indented farther than more important statements; and second, numbers and letters are used to indicate what statements are of co-ordinate importance and what are of secondary rank. The system of marking most generally adopted is as follows:—

I.
A.
1.
a.
1'.
a'.
B.
1.
a.

II.
A. etc.

Thus the fifth rule is:—

Rule V. Indicate the relation between statements by indentation and by the use of symbols.

In indicating the relation between ideas, a writer should never put more than one symbol before a statement. It seems almost superfluous to mention an error so apparent as the double use of symbols, but the mistake is frequently made and much confusion results. The numeral I before a heading indicates that the statement is of primary importance; the letter A indicates that it is of secondary importance. If a statement is marked IA, apparently it is both primary and secondary, clearly an impossibility.

Rule VI. Mark each statement with only one symbol.

RULES FOR THE INTRODUCTION.

It has been seen that a brief is a complete composition in itself, embodying all the material for conviction that will later be found in the expanded argument. The introduction, therefore, must contain sufficient information to make the proof of the proposition perfectly clear. This portion of the brief serves as a connecting link between the proposition and the discussion; it must explain the nature of the proposition and then show how the proof which is to follow applies to it. The exact work that the introduction to a brief must perform is stated in the following rule:—

Rule VII. Put into the introduction sufficient explanation for a
complete understanding of the discussion. This explanation usually
involves:—
(a) a definition of terms,
(b) an explanation of the meaning of the proposition,
(c) a statement of the issues, and
(d) the partition.

Neither an introduction to a brief nor an introduction to a complete argument should contain any statements not admitted by both sides. All ideas that savor of controversy or prejudice have no place in an introduction. The sole purpose of the introduction is to prepare the way for the discussion; if it contains anything in the nature of proof, anything which is not admittedly true, it is no longer pure introduction, but becomes in part discussion. If explanation and proof are thus thrown together indiscriminately, confusion will result. Accordingly the following rule is of great importance:—

Rule VIII. Put into the introduction only statements admitted by both sides.

The following introductions to briefs may well serve as models for student's work:—

FIRST MODEL.

Resolved, That England should permanently retain control of Egypt.

NEGATIVE BRIEF.

INTRODUCTION.

I. Because of the recent rapid development of Egypt, the question of
the retention of this country is becoming important.

II. The following explanations will aid in the discussion of the
problem:—

A. Egypt is that strip of country in the northeastern part of
Africa, drained by the Nile and its tributaries.

B. England has an army of occupation in Egypt, and governs it
nominally through the Khedive.

C. England has never suggested annexation.

D. England has shut out the interference of France and other
European nations.

E. England has practically ruled Egypt as a dependency.

III. The following facts are agreed upon:—

A. Some nation had to take charge of Egypt, for

1. The country was heavily in debt.

2. The people were starving.

B. It is for the advantage of England to retain control of the country.

IV. The conflicting arguments on the question are as follows:—

A. Those who favor the control of Egypt by England have certain
beliefs:—

1. They believe that the control of Egypt by England is the
only practical solution of the problem.

2. They believe that the present status of affairs is
beneficial to Egypt and to the whole world.

B. Those opposed to the control of Egypt by England maintain the
following:—

1. They maintain that England rules in a selfish manner.

2. They maintain that Turkey and not England should have control of Egypt.

V. From this conflict of opinion it appears that the points to be
determined are:—

A. Is Egypt benefited by the control of England?

B. Is the suzerainty of England over Egypt the only practical
solution of the problem?

C. Is the control of Egypt by England a benefit to the whole
world?

VI. The negative will attempt to prove that England should not
permanently retain Egypt for the following reasons:

A. English control is harmful to Egypt.

B. English control is not the only solution to the Egyptian problem.

C. English control is harmful to other nations.

SECOND MODEL.

Resolved, That the President of the United States should be elected by direct popular vote.

AFFIRMATIVE BRIEF.

INTRODUCTION.

I. The present method of electing the President of the United States has been both praised and condemned ever since the adoption of the Constitution.

A. Two methods of electing the President are under consideration: the present system whereby the President is elected by the electoral college, and the proposed system whereby the President would be elected by a direct popular vote.

II. These two systems may be described as follows:—

A. The present system has the following characteristics:—

1. Each state elects a number of electors equal to the whole number of Senators and Representatives to which the state is entitled in Congress.

2. These electors are chosen as the Legislature of each state
may direct.

3. The electors meet in their respective states and vote by
ballot for the President.

4. Since the year 1800 the electors have always voted for the candidate nominated by the national party which elected them, though the Constitution does not make this requirement.

5. The ballots are sent in sealed packages to the President of
the Senate, who counts them and declares the candidate
receiving a majority vote elected.

6. If the electors fail to elect, the House of Representatives
chooses a President from the three candidates that
receive the greatest number of electoral votes.

B. The proposed system has the following characteristics:—

1. The people vote directly for the President, the candidate
receiving a majority of the votes being elected.

2. If there be no majority, the President is elected as under
the present system when the electors fail to elect.

III. The real question to be answered is, Should the direct method be
substituted for the present method?

A. The comparative value of each method must be judged by the
following standards:—

1. Which would be the more practicable?

2. Which would give the voter fuller enjoyment of his right of
suffrage?

3. Which method would have the better effect upon the general
welfare of the nation?

IV. The affirmative will uphold its side of the proposition by
establishing the three following facts:—

A. The direct popular vote system would be more practicable.

B. The direct popular vote system would be more democratic.

C. The direct popular vote system would be better for the general welfare of the nation.

EXERCISES.

A. (1) Criticise the following Introduction to a brief, and (2) Write a suitable Introduction to a brief on this subject.

City Location for College.

Introduction.

A. This question is important.

I. The following explanation will aid—

(a) In the understanding, and

(b) In the discussion of the question.

1. Primarily men come to college to study.

2. Men can study better in the country.

3. But is this really the case?

B. A college is an institution of learning higher in rank than a high school or an academy.

C. The issues of the question are the following:

I. Which college location is more favorable to health and intellectual development?

II. Is the student able to enter athletics?

III. Does the student in the lonely country college form more lasting friendships?

IV. Which is the cheaper? Which is the better location?

B. Put into brief form the Introduction found above, Chapter 3,
Exercise #7, dealing with Henry Ward Beecher.

C. Put the following Introductions into brief form:—

(1) HOW TRUSTS AFFECT PRICES.

Perhaps no subject in connection with the Industrial Combinations of the last few years has been more discussed than that of their influence upon prices. Opinions have differed widely, the opponents of the Combinations usually believing that they have increased prices materially, their defenders claiming with equal positiveness that they have reduced prices. Differences of opinion have probably originated largely from the fact that the subject has been approached from different points of view; and mistakes have also, in many cases, been made through lack of a careful interpretation of available facts. It by no means follows that the Trusts have lowered prices because prices have fallen within a few years after their formation; nor, on the other hand, that Trusts have raised prices because prices have been increased. Neither does it follow that, because the Industrial Combinations might through their economies lower prices, they have, as a matter of fact, actually done so; nor again that, with the possible ability to increase prices through the exercise of monopolistic power, they have not found it advisable under certain circumstances really to lower them. Any careful discussion of the subject will involve, first, what the influence of combination would enable the Trusts to do regarding prices; second, what the Combinations actually have done; and, third, what effects upon society may be anticipated from any changes in prices made by Industrial Combinations. [Footnote: Jeremiah W. Jenks, North American Review for June, 1901, p. 906.]

(2) Mr. Chairman: This bill (H. R. 17019) which I shall ask this House to pass to-day is one of that general class usually called "private bills"; and while the usage of this House might catalogue it under that head, it is in reality a "public bill," because it has to do with the interests of many people—indeed, an entire city of 75,000 population.

This bill provides that the legal title to a certain tract of land situated near the city of Tacoma, the title to which is now in the United States Government, shall be transferred to the city of Tacoma.

However, I wish to assure this House that as a matter of fact the Government practically loses nothing by the passage of this bill. I realize that these two statements placed side by side seem to involve a contradiction. Therefore I will make a brief explanation of this matter.

Since the year of 1866 the Government has owned a tract of land adjoining what is now the city of Tacoma; this tract of land contains 637.9 acres. In the year of 1888 the Government gave the city of Tacoma a right or license to use and occupy this land as a city park, but retained the legal title in the Government, because it was thought that at some future time the Government might need to use and occupy this land for military purposes. Therefore you will observe that the present condition of the title to this land is that the legal title is in the Government, with the right in the city to use and occupy the same. This bill, if it shall pass, will simply reverse and place the legal title to this land in the city of Tacoma, with the right remaining in the Government for all time to come to take possession or use and occupy any or all of this land that it might need for military, naval, or lighthouse purposes.

I wish to explain briefly to this House why the passage of this bill and this change in the title is not only fair and just, but the failure to pass this bill would, in my judgment, be very unfair to the 75,000 people in the city of Tacoma. [Footnote: Speech of Hon. Francis W. Cushman of Washington, in the House of Representatives, Feb. 28, 1905.]

(3) GOVERNMENT MANAGEMENT OF INDUSTRIAL ENTERPRISES. [Footnote: A. T. Hadley, Economics, pp. 390-393.]

By far the most important part of consumers' co-operation is exemplified in government management of industrial enterprises. This differs in two important particulars from the co-operative agencies already described. In the first place the choice of managers of a government business enterprise is connected with the general political machinery of the country, and regulated by constitutional law instead of by statutes of incorporation. In the second place, these managers are likely to fall back on the taxing powers of the Government to make up any deficit which may arise in the operations of a public business enterprise; or in the converse case to devote any surplus above expenses to the relief of tax burdens elsewhere. A government enterprise is managed by the people who represent, or are supposed to represent, the consumers; but the good or bad economy of its management does not necessarily redound to the profit or loss of those who most use it.

In the beginning of history, the government is the power that controls the army. When tribes were in a state of warfare with one another defense against foreign enemies was a matter of primary importance. No man could let his private convenience stand in the way of effective military operations. The discipline and subordination necessary to wage successful war were all-important; and all the powers necessary to maintain such discipline were entrusted to the leaders of the army.

Somewhat later the military authorities undertook the work of maintaining discipline in time of peace as well as war, and of defining and enforcing the rights of members of the tribe against one another, no less than against foreign enemies. This function was not accorded to them without a struggle. The priests, under whose tutelage the religious sanction for tribal customs had grown up, tried to keep in their own hands the responsibility of upholding these customs and the 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 charge—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.

                                                                                                                                                                                                                                                                                                           

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