st criticism, of this decision of the
highest court of the Empire State. In that decision, in our opinion, the
Court has disregarded all considerations of social justice and public
policy, has set itself against the conscience and judgment of the
civilized world, and in its forced interpretation of the Constitution
has disregarded alike the history of the Constitution's origin and of
its judicial interpretation by the highest court in the land.
APPENDIX II
SOME SUGGESTIONS TO INSTRUCTORS
What is the purpose of a course in the writing of arguments? The
arguments which it turns out cannot convince any one, since there is no
one for them to convince; so that the immediate and tangible product of
the course must be looked on as a by-product, and a by-product from
which there can be no salvage.
What products, then, can teachers aim to produce? First, a vital respect
for facts and for sound reasoning therefrom; second, the power so to
analyze and marshal the facts in an obscure and complicated case as to
bring order and light out of confusion; and third, the appreciation of
other men's point of view and training in the tact which will influence
them. Incidentally a good course in argumentation should leave with its
students an acquaintance with certain effective and economical devices
for going to work that should serve them well in later life.
I will take up each of these points in order, and speak of a few methods
which I have found useful in practice.
In the first place, how can a teacher establish and strengthen the
veneration for fact and the suspicion of all unsupported assertion and
_a priori_ reasoning? Partly by judicious exercises, partly by quiet
guidance in the choice of subjects. Let a class cross-examine each other
on their exact knowledge of the ultimate facts on some familiar subject.
On the question of the value of Latin, for example, just how many of the
class know no Latin? In a piece of their own writing, how many of the
words are derived from the Latin? and what kind of words are they? Of
the leaders in scholarship in the class how many know Latin? Of the best
writers? Of the authors whose works they are studying in English
literature, how many were trained in Latin? Of the authors of the
textbooks in science how many? A few such questions as these will
suggest others; and the members of the class should keep a record of how
many such questions they can answer with precision. Very few
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