Chapter IV: Part 4

Of late years, the need for fresh changes in method has become plain. Christopher Columbus Langdell, the inventor of the case-system, laid down two fundamental propositions: “First, that law is a science; second, that all the available materials of that science are contained in printed books.” Experience has proved that he was right in believing that attendance in a lawyer’s office or at the proceedings of courts was not essential to a legal education. But the scope of legal study must now extend beyond printed books, certainly beyond law books. Since law is not an isolated department of knowledge, but a system of rules for the regulation of human life, the truth of those rules must be tested by many facts outside the past proceedings of courts and legislatures. Not only law in books but law in action has to be considered, and after learning the principles evolved by a process of inclusion and exclusion in the decisions or by intermittent legislative action, the scholar must find how those principles actually work in the bank, the factory, the street, and the jail. The problem is still debated, whether this can better be done in the pre-legal college course or by the use of non-legal experts in the law schools, or whether the necessary material should be assimilated and presented by the law teachers themselves. Yet this widening of the content of legal study does not in the least impair the validity of Langdell’s method, the systematic investigation of the sources of law at first hand, whether those sources be found in the reports and statutes which he had in mind, or in the economic, social, and psychological facts which have demanded attention in recent years.

Something must be said in closing of those portions of the law where change has been most necessary. Of these our criminal law is easily the most disgraceful. Its complete inability to perform its task has been exhaustively demonstrated by the opening chapter of Raymond Fosdick’s “American Police Systems.” The lawyers and judges are only partly to blame, for their work forms only the middle of three stages in the suppression of crime. The initial stage of arrest and the final stage of punishment are in the hands of administrative officials, beyond the control of the bench and bar. Many criminals are never caught, and the loss of public confidence in the justice or effectiveness of prisons makes juries reluctant to convict. Yet the legal profession is sorely at fault for what takes place while the prisoner is in the dock. The whole problem calls for that co-operation between lawyers, other experts, and laymen, of which I have already spoken. Unless something is soon done, we may find crime ceasing to be a legal matter at all. Even now, many large department stores have so little belief in the criminal courts and prisons that they are trying embezzlers and shoplifters in tribunals of their own, and administering a private system of probation and restitution. The initial step is a reformulation of the purpose of punishment. Twenty-five years ago, Justice Holmes asked, “What have we better than a blind guess to show that the criminal law in its present form does more good than harm?”

One serious reason for its breakdown has been the creation of innumerable minor offences, which are repeatedly committed and almost impossible to suppress. The police are diverted from murders and burglaries to gambling and sexual delinquencies, while the frequent winking at such breaches of law destroys the essential popular conviction that a law ought to be obeyed just because it is law. The Chief of Police of New Orleans told Raymond Fosdick, “If I should enforce the law against selling tobacco on Sunday, I would be run out of office in twenty-four hours. But I am in constant danger of being run out of office because I don’t enforce it.” So they were hanging green curtains, which served the double purpose of advertising the location of the stands and of protecting the virtue of the citizens from visions of evil.

At the present time we have thrown a new strain on the criminal law by the enactment of nation-wide prohibition. The future will show whether the main effect of this measure will be an increase in disrespect and antagonism for law, or the ultimate removal of one of the chief causes of lawlessness and waste. Unfortunately, the perpetual discussion of home-brew receipts and hidden sources of supply has prevented a general realization that we are witnessing one of the most far-reaching legislative experiments of all time. What we ought to be talking about is the consequences of prohibition to health, poverty, crime, earning-power, and general happiness. It is possible, for instance, that total abstinence for the working classes coupled with apparently unlimited supplies of liquor for their employers may have the double consequence of increasing the resentful desire of the former to wrest the control of wealth from those who are monopolizing a time-honoured source of pleasure, and of weakening the ability of the heavy-drinking sons of our captains of industry to stand up in the struggle against the sober brains of the labour leaders of the future. Prohibition may thus bring about a striking shift of economic power.

The delays, expense, and intricacies of legal procedure demand reform. The possession of a legal right is worthless to a poor man if he cannot afford to enforce it through the courts. The means of removing such obstacles have been set forth by Reginald H. Smith in “Justice and the Poor.” For instance, much has already been accomplished by Small Claims Courts, where relief is given without lawyers in a very simple manner. When a Cleveland landlady was sued by a boarder because she had detained his trunk, she told the judge that he had set fire to his mattress while smoking in bed and refused to pay her twenty-five dollars for the damage. The judge, instead of calling expert witnesses to prove the value of the mattress, telephoned the nearest department store, found he could buy another for eight dollars, and the parties agreed to settle on that basis. Again, family troubles are now scattered through numerous courts. A father deserts, and the mother goes to work. The neglected children get into the Juvenile Court. She asks for a separation in the Probate Court. A grocer sues her husband for food she has bought, before a jury. She prosecutes him before a criminal court for non-support, and finally secures a divorce in equity. One Court of Domestic Relations should handle all the difficulties of the family, which ought to be considered together. Much of the injustice to the poor has been lessened by legal aid societies, which have not only conducted litigation for individuals but have also fought test-cases up to the highest courts, and drafted statutes in order to protect large groups of victims of injustice. The injury done to the poor by antiquated legal machinery is receiving wide attention, but it is also a tax on large business transactions which is ultimately paid by the consumer. Reform is needed to secure justice to the rich.

The substantive law which determines the scope of rights and duties has been more completely overhauled, and many great improvements have been accomplished. Relations between the public and the great corporations which furnish transportation and other essential services are no longer left to the arbitrary decisions of corporate officers or the slow process of isolated litigation. Public service commissions do not yet operate perfectly, but any one who doubts their desirability should read a contemporary Commission Report and then turn to the history of the Erie Railroad under Jim Fiske and Jay Gould as related in “The Book of Daniel Drew.” The old fellow-servant rule which threw the burden of an industrial accident upon the victim has been changed by workmen’s compensation acts which place the risk upon the employer. He pays for the injured workman as for a broken machine and shifts the expense to his customers as part of the costs of the business. The burden is distributed through society and litigation is rapid and inexpensive. Unfortunately, no such satisfactory solution has been reached in the law of labour organizations, but its chaotic condition only corresponds to the general American uncertainty on the proper treatment of such organizations. It is possible that just as the King, in the Middle Ages, insisted on dragging the Barons into his courts to fight out their boundary disputes there, instead of with swords and battleaxes on the highway, so society which is the victim of every great industrial dispute will force employers and workmen alike to settle their differences before a tribunal while production goes on. The Australian Courts of Conciliation have lately been imitated in Kansas, an experiment which will be watched with close interest.

Less importance must be attached, however, to the development of particular branches of the law than to the change in legal attitude. The difference between the old and the new is exemplified by two extracts from judicial decisions which were almost contemporaneous. Judge Werner, in holding the first New York Workmen’s Compensation Act unconstitutional, limited the scope of law as follows:

“This quoted summary of the report of the commission to the legislature, which clearly and fairly epitomizes what is more fully set forth in the body of the report, is based upon a most voluminous array of statistical tables, extracts from the works of philosophical writers and the industrial laws of many countries, all of which are designed to show that our own system of dealing with industrial accidents is economically, morally, and legally unsound. Under our form of government, however, courts must regard all economical, philosophical and moral theories, attractive and desirable though they may be, as subordinate to the primary question whether they can be moulded into statutes without infringing upon the letter or spirit of our written constitutions.... With these considerations in mind we turn to the purely legal phases of the controversy.” (Ives _v._ South Buffalo Ry. Co., 201 N. Y. 271, 287, 1911.)

A different attitude was shown by the Supreme Court of the United States in its reception of the brief filed by Mr. Louis D. Brandeis on behalf of the constitutionality of an Oregon statute limiting woman’s work to ten hours a day. Besides decisions, he included the legislation of many States and of European countries. Then follow extracts from over ninety reports of committees, bureaus of statistics, commissioners of hygiene, inspectors of factories, both in this country and in Europe, to the effect that long hours of labour are dangerous for women, primarily because of their special physical organization. Following them are extracts from similar reports discussing the general benefits of shorter hours from the economic aspect of the question. Justice Brewer said:

“The legislation and opinions referred to in the margin may not be, technically speaking, authorities, and in them is little or no discussion of the constitutional question presented to us for determination, yet they are significant of a widespread belief that woman’s physical structure, and the functions she performs in consequence thereof, justify special legislation restricting or qualifying the conditions under which she should be permitted to toil. Constitutional questions, it is true, are not settled by even a consensus of present public opinion, for it is a peculiar value of a written constitution that it places in unchanging form limitations upon legislative action, and thus gives a permanence and stability to popular government which otherwise would be lacking. At the same time, when a question of fact is debated and debatable, and the extent to which a special constitutional limitation goes is affected by the truth in respect to that fact, a widespread and long continued belief concerning it is worthy of consideration. We take judicial cognizance of all matters of general knowledge.” (Muller _v._ Oregon, 208 U. S. 412, 420, 1907.)

The decision displays two qualities which are characteristic of the winning counsel since his elevation to the bench; it keeps its eye on the object instead of devoting itself to abstract conceptions, and it emphasizes the interest of society in new forms of protection against poverty, disease, and other evils. To these social interests, the property of the individual must often be partly sacrificed and in recent years we have seen the courts upholding the guarantee of bank deposits, State regulation of insurance rates, and suspension of the right of landlords to recover unreasonable rents or dispossess their tenants. All this would have been regarded as impossible fifty years ago.

These extensions of governmental power over property have been accompanied by legislation severely restricting freedom of discussion of still more radical types of State control. It is argued that the right of free speech must face limitation like the right of the landlord. The true policy is exactly the opposite. Not only is it unjust for the State to carry out one form of confiscation while severely punishing the discussion of another form, but in an age of new social devices the widest liberty for the expression of opinion is essential, so that the merits and demerits of any proposed plan may be thoroughly known and comparisons made between it and alternative schemes, no matter how radical these alternatives may be. A body of law that was determined to stand still might discourage thought with no serious damage; but law which is determined to move needs the utmost possible light so that it may be sure of moving forward.

No one has expressed so well the new importance of social interests, and the value of freedom of speech; no one, indeed, has expressed so nobly the task and hopes of American Law, as the man of whom it is said that among the long list of American judges, he seems “the only one who has framed for himself a system of legal ideas and general truths of life, and composed his opinions in harmony with the system already framed.” (John H. Wigmore, “Justice Holmes and the Law of Torts,” 29 Harv. L. Rev. 601.) Yet no one has been more cautious than Justice Holmes in warning us not to expect too much from law.

“The law, so far as it depends on learning, is indeed, as it has been called, the government of the living by the dead. It cannot be helped, it is as it should be, that the law is behind the times. As law embodies beliefs that have triumphed in the battle of ideas and then have translated themselves into action, while there is still doubt, while opposite convictions still keep a battle front against each other, the time for law has not come; the notion destined to prevail is not yet entitled to the field.” (“Collected Legal Papers,” 138, 294.)

It is the work of the present generation of American lawyers to be sure that the right side wins in the many conflicts now waging. We cannot be certain that the law will make itself rational, while we remain as inactive as in the past, absorbed in our own routine, and occasionally pausing to say, “All’s right with the world”; for, to quote Holmes once more, “The mode in which the inevitable comes to pass is through effort.”

ZECHARIAH CHAFEE, JR.

EDUCATION

If Henry Adams had lived in the 13th century he would have found the centre of a world of unity in the most powerful doctrine of the church, the cult of the Virgin Mary. Living in the 19th century he sums up his experience in a world of multiplicity as the attempt to realize for himself the saving faith of that world in what is called education. Adams was not the first to be struck with the similarity of the faiths of the mediæval and the modern world. This comparison is the subject of an article by Professor Barrett Wendell published in the _North American Review_ for 1904 and entitled “The Great American Superstition”:

“Undefined and indefinite as it is, the word education is
just now a magic one; from the Atlantic to the Pacific, it
is the most potent with which you can conjure money out of
public chests or private pockets. Let social troubles declare
themselves anywhere, lynchings, strikes, trusts, immigration,
racial controversies, whatever you chance to hold most
threatening, and we are gravely assured on every side that
education is the only thing which can preserve our coming
generations from destruction. What is more, as a people we
listen credulously to these assurances. We are told, and we
believe and evince magnificent faith in our belief, that our
national salvation must depend on education.”

Professor Wendell goes on trenchantly to compare this reigning modern faith with that in the mediæval church. He calls attention to the fact that whereas the dominant architectural monuments of the Old World are great cathedrals and religious houses, implying the faith that salvation could be assured by unstinted gifts to the church, in our modern times the most stately and impressive structures are our schools, colleges, and public libraries, many of them, like the cathedrals, erected by sinners of wealth in the pursuit of individual atonement and social salvation. “Ask any American what we shall do to be saved, and if he speak his mind he will probably bid us educate our fellow-men.” He might have extended his comparison to the personal hierarchy of the two institutions, for at the time of his article the President of Harvard spoke to the people of the United States with the voice of Innocent III, surrounded by his advisers among university presidents and superintendents gathered like Cardinal Archbishops, in the conclave of the National Education Association, of which the Committee of Ten was a sort of papal curia. Although the educational papacy has fallen into schism, the cities are still ruled by superintendents like bishops, the colleges by president and deans, like abbots and priors, and the whole structure rests on a vast population of teachers holding their precarious livings like the parish priests at the will of their superiors, tempered by public opinion. Indeed, Professor Wendell is struck by the probability that as European society was encumbered by the itinerant friars, so America will have “its mendicant orders of scholars--the male and female doctors of philosophy.” But it is his main theme which concerns us here, that “the present mood of our country concerning education is neither more nor less than a mood of blind, mediæval superstition.”

The difference between faith as religion and as superstition may be hard to define, the terms having become somewhat interchangeable through controversy, but in general we should doubtless use the pragmatic test. A vital and saving faith which actually justifies itself by results is religion; a faith which is without constructive effect on character and society, and is merely fanciful, fantastic, or degrading we call superstition. The old education which America brought from England and inherited from the Renaissance was a reasonable faith. It consisted of mathematics, classics, and theology, and while it produced, except in rare instances, no mathematicians, classical scholars, or theologians, it trained minds for the learned professions of those days and it gave the possessors of it intellectual distinction, and admitted them to the society of cultivated men everywhere. Its authority was largely traditional, but it worked in the world of that day much as the thirty-three Masonic degrees do in the world of Masonry. It may properly be called a religion, and in its rigid, prescribed, dogmatic creed it may be compared to the mediæval theology. At any rate, it suffered the same fate and from the same cause. Its system was too narrow for the expanding knowledge and the multiplying phenomena of the advancing hour. It failed to take account of too many things. The authority of tradition, by which it maintained its position, was challenged and overthrown, and private judgment was set in its place.

Private judgment in education is represented by the elective system; President Eliot was the Luther of this movement and Harvard College his Wittenberg. Exactly as after the Reformation, however, the attitudes of assertion and subservience in spiritual matters continued to manifest themselves where the pope had been deposed, in Geneva and Dort and Westminster, so in spite of the anarchy of the elective system the educational function continues to impose itself in its traditional robes of authority, and to be received with the reverence due to long custom. And in this way education in America from being a saving faith has become an illusion. The old education, its authority challenged, its sway limited, and nobody caring whether its followers can quote Latin or not, is in the position of the Church of Rome; the so-called new education, uncertain in regard to material and method, direction and destination, is like the anarchic Protestant sects. Neither possesses authority; the old system has lost it, and the new ones have never had it. They are alike in depending upon the blindness of the masses which is superstition.

Although the generalization remains true that the mood of America toward education is a mood of superstition, there are certain forms of education operative in America to-day which approve themselves by performance and justify the reasonable faith in which they are held. The argument in favour of the elective system, by force of which it displaced the prescribed classical course, was that it was necessary to give opportunity for specialization. This opportunity it has given, and in certain directions the results produced by American institutions are of high value. Our scientific education is the most advanced, and in the professions which depend upon it, engineering and medicine, our product doubtless “compares favourably” with that of Europe. These facts cannot be cited, however, as a valid reason for the American faith in education as a whole. It is recognized to-day that progress in natural science has far outrun that in politics, social life, culture--therein lies the tragedy of the world. A few men of science have a knowledge of the means by which the human race can be destroyed in a brief space--and no statesmen, philosophers, or apostles of culture have the power to persuade the human race not to permit it to be done.

In another direction a great increase of specialization has taken place--in the preparation for business. Our colleges of business administration rival our scientific schools in the exactness of their aim, and the precision of their effort. Here again, however, it may be questioned whether their success is one to justify belief in the educational process as a whole. The result of such specialization upon the business organization of society can hardly be to arouse a critical, and hence truly constructive, attitude in regard to the whole economic problem; it is nearly certain to promote a disposition to take advantage of the manifest shortcomings of that organization for individual successful achievement. Whether society as a whole will profit by the efforts of such experts as our business colleges are turning out remains to be seen. Whether we are wise in strengthening the predatory elements which put a strain on the social organization, at a time when the whole structure is trembling, is open to question. Here again the faith of America in education as social salvation is not justified by individual results, however brilliant and fortunate.

The value of the specialist to society is unquestionable, but he alone will not save it. Such salvation must come from the diffusion and validity of the educational process as a whole, from the men and women of active intelligence, broad view, wide sympathy, and resolute character who are fitted as a result of it to see life steadily and see it whole, reason soundly to firm conclusions in regard to it, and hold those decisions in the face of death. The specialist indeed may be considered a necessary subtraction from the general social army, a person set apart for special duty, whose energies are concentrated and loyalties narrowed. We expect him to die, if need be, in maintaining that the world moves, but not for freedom of thought in the abstract. It is by the generally trained, all-round product of our education that the system must be judged. And what do we find?

The general student, it appears, tends to be the product of as narrow a process as the specialist, but not as deep. As the demands of specialization become more exacting, its requirements reach farther and farther back into the field of general education, and more and more of the area is restricted to its uses. The general student in consequence becomes a specialist in what is left over. Moreover, he exercises his right of private judgment and free election along the path of least resistance. Laboratory science he abhors as belonging to a course of specialization which he has renounced. The classics and mathematics, to which a good share of our educational machinery is still by hereditary right devoted, he scorns as having no _raison d’être_ except an outworn tradition. With the decline of the classics has gone the preliminary training for modern languages, which the general student usually finds too exacting and burdensome, and from the obligation of which colleges and secondary institutions also are now rapidly relieving him. We boasted in the late war that we had no quarrel with the German language, and yet by our behaviour we recognized that one of the fruits of victory was the annihilation of at least one foreign speech within our borders. The general student is thus confined, by right of private judgment of course, to his own language and literature, and such superficial studies in history and social science as he can accomplish with that instrument alone. His view is therefore narrow and insular. His penetration is slight. He is, in short, a specialist in the obvious.

Not only does the general student tend to be as restricted in subject-matter as the specialist, but he lacks the training in investigation, reasoning, and concentration which the latter’s responsibility for independent research imposes. The definition of the aim of general education on which Professor Wendell rested his case for the old curriculum in the article quoted above, is “such training as shall enable a man to devote his faculties intently to matters which of themselves do not interest him.” Now clearly if the student persistently chooses only the subjects which interest him, and follows them only as far as his interest extends, he escapes all training in voluntary attention and concentration. In his natural disposition to avoid mental work he finds ready accomplices in his instructors and text-book writers. They realize that they are on trial, and that interest alone is the basis of the verdict. Accordingly they cheerfully assume the burden of preliminary digestion of material, leaving to the student the assimilation of so much as his queasy stomach can bear. One way in which the study of English literature or history can be made a matter of training in criticism and reasoning is to send the student to the sources, the original material, and hold him responsible for his conclusions. He may gain a wrong or inadequate view, but at any rate it is his own, and it affords him a solid basis for enlargement or correction. Instead of this the student is invited to a set of criticisms and summaries already made, and is usually discouraged if by chance he attempts a verification on his own account. The actual reading of Shakespeare, Bacon, Milton, Swift, Burke will give the student at least a certain training in concentration; but this is hard, slow, and dry work. It is much easier and more comprehensive, instead of reading one play of Shakespeare, to read _about_ all the plays, including the life of the author, his dramatic art, and some speculations in regard to the Elizabethan stage. It was William James who pointed out the difference between _knowledge about_ and _acquaintance with_ an author. The extent to which we have substituted for the direct vision, with its stimulating appeal to individual reaction, the conventional summary and accepted criticism, the official formula and the stereotyped view, is the chief reason for the ready-made uniformity of our educated product.

The pioneer democracy of America itself is responsible for a method of instruction typically American. The superstitious faith in education was the basis of a system whereby many busy, middle-aged persons whose early advantages had been limited, by means of attractive summaries, outlines, and handbooks, could acquaint themselves with the names of men, books, and events which form the Binet-Simon test of culture, and enable the initiate to hold up his head in circles where the best that has been thought or said in the world is habitually referred to. This method is carried out in hundreds of cultural camp-meetings every summer, by thousands of popular lectures, in countless programmes of study for women’s clubs. Unfortunately it is coming to be not only the typical but the only method of general education in America. Chautauqua has penetrated the college and the university. Better that our fathers had died, their intellectual thirst unsatisfied, than that they had left this legacy of mental soft drinks for their children.

Thus far I have had the college chiefly in mind, but the same observations apply equally to the secondary school. The elective system has made its way thither, and indeed one of the chief difficulties of organizing a college curriculum for the general student which shall represent something in the way of finding things out, of reasoning from facts to conclusions, and of training in voluntary attention, is that of determining any common ground on the basis of previous attainment. Not only the elective system but the Chautauqua method has largely permeated our high schools. The teachers, often on annual appointment, more than the college instructors, with comparative security of tenure, are dependent on the favour of pupils, a favour to be maintained in competition with dances, movies, and _The Saturday Evening Post_, by interesting them. It is therefore a common thing for teachers to repeat in diluted form the courses which they took in college--and which in the original were at best no saturate solutions of the subject. The other day, on visiting a class in Shakespeare at a Y.M.C.A. school, I ventured to suggest to the teacher that the method used was rather advanced. “Ah, but my daughter at high school,” he said, “is having Professor Blank’s course in the mediæval drama.” Now such a course intended for graduate students investigating sources, influences, and variations among saints’ plays and mystery plays, could have no educational value in material or method for a high-school pupil, but it was, no doubt, as interesting as a Persian tale.

Inasmuch as the colleges and the secondary schools are both uncertain as regards the meaning and aim of general education, it is not surprising to find the grade schools also at sea, their pupils the victims both of meaningless tradition and reckless experiment. The tradition of our grade schools, educational experts tell us, was brought by Horace Mann from Prussia. There the _Volkschule_ was designed for the children of the people, who should be trained with a view to remaining in the station in which they had been born. At least, it may be conceded, the German designers of the system had a purpose in mind, and knew the means to attain it; but both purpose and means are strangely at variance with American conditions and ideals. Other experts have pointed out the extraordinary retarding of the educational process after the first years, when the child learns by a natural objective method some of the most difficult processes of physical life, accomplishing extraordinary feats of understanding and control; and some of the most hopeful experiments in primary education look toward continuing this natural method for a longer time. At present the principle of regimentation seems to be the most important one in the grade school, and as the pace is necessarily that of the slowest, the pupils in general have a large amount of slack rope which it is the problem of principals and teachers to draw in and coil up. Altogether the grade school represents a degree of waste and misdirection which would in itself account for the tendencies toward mental caprice or stagnation which are evident in the pupils who proceed from it.

Thus the parallel which Professor Wendell established between our educational system and the mediæval church would seem to have a certain foundation. In the colleges, as in the monasteries, we have a group of ascetic specialists, sustained in their labours by an apocalyptic vision of a world which they can set on fire, and in which no flesh can live; and a mass of idle, pleasure-loving youth of both sexes, except where some Abbot Samson arises, with strong-arm methods momentarily to reduce them to order and industry. In the high schools, as in the cathedrals, we have great congregations inspired by the music, the lights, the incense, assisting at a ceremony of which the meaning is as little understood as the miracle of the mass. In the grade schools, as in the parish churches, we have the humble workers, like Chaucer’s poor parson of the town, trying with pathetic endeavour to meet the needs and satisfy the desires of their flocks, under conditions of an educational and political tyranny no less galling than was the ecclesiastical.

But, we may well enquire, whence does this system draw its power to impose itself upon the masses?--for even superstition must have a sign which the blind can read, and a source of appeal to human nature. The answer bears out still further Professor Wendell’s parallel. The mediæval church drew its authority from God, and to impose that authority upon the masses it invented the method of propaganda. It claimed to be able to release men from the burden which oppressed them most heavily, their sins, and in conjunction with the secular power it enforced its claims against all gainsayers, treating the obstinate among them with a series of penalties, penance, excommunication, the stake. Education finds its authority in the human reason, and likewise imposes that authority by propaganda. It too claims the power of salvation from the evils which oppress men most sorely to-day--the social maladjustments, “lynchings, strikes, trusts, immigration, racial controversies”--and it is in alliance with the secular power to preserve its monopoly of social remedies from the competition of anything like direct action. Now it is clear that in the religion of Christ in its pure form the church had a basis for its claims to possess a power against sin, and a means of salvation. Similarly it may be maintained that human reason, allowed to act freely and disinterestedly, would be sufficient to cope with the evils of our time and bring about a social salvation. Indeed, it is curious to remark how nearly the intellectual conclusions of reason have come to coincide with the intuitive wisdom of Jesus. The church was faithless to its mission by alliance with temporal power, by substituting its own advancement for the will of God, by becoming an end in itself. Education likewise is by way of being faithless to itself, by alliance with secular power, political and financial, by the substitution of its own institutional advancement for disinterested service of truth, by becoming likewise an end in itself.

In one of the most remarkable pronouncements of the present commencement season, President Hopkins of Dartmouth College summarized the influences which make against what he calls Verihood. They are first, Insufficiency of mentality, or over-professionalization of point of view; second, Inertia of mentality or closed mindedness; and third, False emphasis of mentality or propaganda. The late war and its evil aftermath have put in high relief the extent of this third influence. President Hopkins speaks as one of the Cardinal Archbishops of Education, and I quote his words with the authority which his personality and position give them:

“Now that the war is passed, the spirit of propaganda still
remains in the reluctance with which is returned to an
impatient people the ancient right of access to knowledge
of the truth, the right of free assembly, and the right of
freedom of speech. Meanwhile the hesitancy with which these
are returned breeds in large groups vague suspicion and
acrimonious distrust of that which is published as truth, and
which actually is true, so that on all sides we hear the query
whether we are being indulged with what is considered good for
us, or with that which constitutes the facts. Thus we impair
the validity of truth and open the door and give opportunity
for authority which is not justly theirs to be ascribed to
falsehood and deceit.”

The war was a test which showed how feeble was the hold of American education upon the principle which alone can give it validity. Nowhere was the suppression of freedom of mind, of truth, so energetic, so vindictive as in the schools. Instances crowd upon the mind. I remember attending the trial of a teacher before a committee of the New York School Board, the point being whether his reasons for not entering with his class upon a discussion of the Soviet government concealed a latent sympathy with that form of social organization. The pupils were ranged in two groups, Jews and Gentiles, and were summoned in turn to give their testimony--they had previously been educated in the important functions of modern American society, espionage, and mass action. Another occasion is commemorated by the New York _Evening Post_, the teacher being on trial for disloyalty and the chief count in his indictment that he desired an early peace; and his accuser, one Dr. John Tildsley, an Archdeacon or superintendent of the diocese of New York under Bishop Ettinger:

“Are you interested in having this man discharged?”

“I am,” said Dr. Tildsley.

“Do you know of any act that would condemn him as a teacher?”

“Yes,” said Dr. Tildsley, “he favoured an early peace.”

“Don’t you want an early, victorious peace?”

“Why ask me a question like that?”

“Because I want to show you how unfair you have been to this
teacher.”

“But Mr. Mufson wanted an early peace without victory,” said
Dr. Tildsley.

“He didn’t say that, did he? He did not say an early peace
without victory?”

“No.”

“Then you don’t want an early peace, do you?”

“No.”

“You want a prolongation of all this world misery?”

“To a certain extent, yes,” said Dr. Tildsley.

Nor did the sabotage of truth stop with school boards and superintendents. A colleague of mine writing a chapter of a text-book in modern history made the statement that the British government entered the war because of an understanding with France, the invasion of Belgium being the pretext which appealed to popular enthusiasm--to which a great publishing house responded that this statement would arouse much indignation among the American people, and must therefore be suppressed.

We need not be surprised that since the war education has not shown a disinterested and impartial attitude toward the phenomena of human affairs, a reliance on the method of trial and error, of experiment and testimony, which it has evolved. Teachers who are openly, or even latently, in sympathy with a form of social organization other than the régime of private control of capital are banned from schools and colleges with candle, with book, and with bell. Text-books which do not agree with the convenient view of international relations are barred. Superintendents like Ettinger and Tildsley in New York are the devoted apologists for the system to which they owe their greatness. To its position among the vested interests of the world, to the prosperity of its higher clergy, education has sacrificed its loyalty to that which alone can give it authority.

The prevention of freedom of thought and enquiry is of course necessary so long as the purpose of education is to produce belief rather than to stimulate thought. The belief which it is the function of education to propagate is that in the existing order. Hence we find the vast effort known as “Americanization,” which is for the most part a perfect example of American education at the present day. The spirit of “Americanization” is to consider the individual not with reference to his inward growth of mind and spirit, but solely with a view to his worldly success, and his relation to the existing order of society, to which it is considered that the individual will find his highest happiness and usefulness in contributing. This programme naturally enough finds a sponsor in the American Legion, but it is truly disconcerting to find the National Education Association entering into alliance with this super-legal body, appointing a standing committee to act in co-operation with the Legion throughout the year, accepting the offer of the Legion to give lectures in the schools, and endorsing the principle of the Lusk Law in New York, which imposes the test of an oath of allegiance to the Government as a requirement for a teacher’s certificate.

We have now the chief reason why education remains the dominant superstition of our time; but one may still wonder how an institution which is apparently so uncertain of its purpose and methods can continue to exercise such influence on the minds and hearts of men. The answer is, of course, that education is not in the least doubtful of its purpose and methods. Though the humble and obscure teacher, like the Lollard parson, may puzzle his brains about the why and how and purpose of his being here, his superiors, the bishops, the papal curia, know the reason. Education is the propaganda department of the State, and the existing social system. Its resolute insistence upon the essential rightness of things as they are, coupled with its modest promise to reform them if necessary, is the basis of the touching confidence with which it is received. It further imposes itself upon the credulity of the people by the magnificence of its establishment. The academic splendour of the commencement season when the hierarchs bestow their favours, and honour each other and their patrons by higher degrees, is of enormous value in impressing the public. Especially to the uneducated does this majesty appeal. That an institution which holds so fair an outlook on society, which is on such easy and sympathetic terms with all that is important in the nation, which commands the avenues by which men go forward in the world, should be able to guarantee success in life to its worshippers is nothing at which to be surprised. Hence we find the poor of different grades making every sacrifice to send sons and daughters through high school, through college, in the same pathetic faith with which they once burned candles to win respite for the souls of their dead.

There are reasons, however, for thinking that the superstition is passing. In the first place, nowhere do we find more scepticism in regard to the pretensions of education than among those who have been educated, and this number is rapidly increasing. In the second place, the alliance between education and a social system depending on private capital is too obvious, and the abrogation of the true functions of the former is too complete. The so-called Americanization campaign is so crude an attempt to put something over that even the unsophisticated foreigner whom it is intended to impress watches the pictures or reads the pamphlets which set forth the happy estate of the American workman, with his tongue in his cheek. The social groups which feel aggrieved under the present order are marking their defection by seceding from the educational system and setting up labour universities of their own. So serious is this secession that New York has passed the Lusk Law, designed to bring the independent movement under State control. In the third place, the claim of education to be an open sesame to success in life is contradicted by the position of its most constant votaries, the teachers. The prestige which used to attach to the priests of learning and which placed them above the lure of riches has vanished; their economic station has declined until even college professors have fallen into the servantless class, which means the proletariat. Truly for such as they to declare that education means success in life is a dismal paradox.

Another sign of approaching reformation in the educational system is to be found in the frankly corrupt practices which infest it. Here the parallel to the mediæval church is not exact, for in the latter it was the monasteries and religious houses that were the chief sources of offence, while the colleges and private institutions of higher learning which correspond to them are singularly free from anything worse than wasteful internal politics. It is the public educational system which by reason of its contact with political government partakes most palpably of the corruption that attends the democratic State. It is unnecessary to mention the forms which this corruption takes where a school board of trustees by political appointment is given the exploitation of the schools--the favouritism in appointments and promotions, the graft in text-books and equipment, the speculation in real estate and building contracts, the alienation of school property. There is scarcely a large city in the country in which pupils and teachers alike are not shamefully and scandalously defrauded by action of school trustees which can be characterized in the mildest terms as wilful mismanagement conducing to private profit.

There are two things necessary to the reform of education. One is democratic control, that is, management of institutions of teaching by the teachers. It is to be noted that this is the demand everywhere of labour which respects itself--control of the means of production and responsibility for the result. Surely the teachers should be one of the first groups of toilers to be so trusted. Under democratic control the spoliation of the schools by politicians, the sacrifice of education to propaganda, the tyranny of the hierarchy can be successfully resisted. Once the teachers are released from servile bondage to the public through the political masters who control appointments and promotions, they will deal with their problems with more authority, and be independent of the suffrage of the pupils. Through joint responsibility of the workers for the product they will arrive at that _esprit de corps_ which consists in thinking in terms of the enterprise rather than of the job, and from which we may expect a true method of education. Already the movement toward democratic control of teaching is taking form in school systems and colleges. There are a hundred and fifty unions of teachers affiliated with the American Federation of Labour. But the true analogy is not between teachers and labour, but between education and other professions. To quote Dr. H. M. Kallen:

“To the discoverers and creators of Knowledge, and to its
transmitters and distributors, to these and to no one else
beside belongs the control of education. It is as absurd
that any but teachers and investigators should govern the
art of education as that any but medical practitioners and
investigators should govern the art of medicine.”

The other thing needful to restore education to health and usefulness is that it should surrender its hold upon the superstitious adoration of the public, by giving up its pretensions to individual or social salvation, by ceasing its flattery of nationalistic and capitalistic ambitions, and by laying aside its pomps and ceremonies which conduce mainly to sycophancy and cant. Education has shown in special lines that it can be thoroughly scientific, disinterested, devoted. It is its task to translate these virtues of the specialist into the general field. It is not the business of education to humbug the people in the interest of what any person may think to be for their or for his advantage. It is its business to deal frankly and honestly with them, accepting in the most literal sense the responsibility and the promise contained in the text: “Ye shall know the truth, and the truth shall make you free.”

ROBERT MORSS LOVETT

SCHOLARSHIP AND CRITICISM

It is natural for the musician to think any land barbarous if it has produced no great composers, the painter if it has produced no great painters, the critic or the scholar if it has produced no great scholars and critics, and so on for all the other arts and sciences. But it is idle to insist that every race should express itself in the same way, or to assume that the genius of a nation can be tested by its deficiencies in any single field of the higher life. Great critics are rare in every age and country; and even if they were not, what consolation is there for the clash and diversity of races and nations except the special and diverse gifts which each may furnish to the spiritual whole? England has achieved greatness without great music, Germany without great sculpture, ancient Rome without great science or philosophy, Judæa with little but poetry and religion; and it is not necessary to lay too much stress on our own lack of great scholars and great critics--yes, even on our lack of great poets and great painters. They may come to-day or to-morrow, or we may be destined never to have them. The idea that great national energy must inevitably flower in a great literature, and that our wide-flung power must certainly find expression in an immortal poem or in the “great American novel,” is merely another example of our mechanical optimism. The vision of great empires that have been both strong and silent, Assyria, Babylonia, Egypt, haunts all history; Virgil or Camoens only fitfully expresses the power that is summed up in Cæsar or Magellan.

But without insisting on impossible aims or illusory standards of greatness, it is fair to ask some flow of spiritual activity, some general spirit of diffused culture,--in a word, the presence of a soul. For though we must eat (and common sense will cook better dinners than philosophy), though we must work (and the captain of industry can organize trade better than the poet), though we must play (and the athlete can win more games than the scholar), the civilization that has no higher outlets for its intellect and imagination will show at least some marks of spiritual starvation. You may see the signs of its restless gnawing on the face of almost any American woman beyond the first flush of youth; you may see some shadow of its hopeless craving on the face of almost any mature American man.

The same signs are to be seen in American scholarship and American criticism. If scholarship were what most people think it, the dull learning of pedants, and criticism merely the carping and bickering of fault-finders, the fact would hardly be worth recording. But since they are instruments which the mind of man uses for some of its keenest questionings, their absence or their weakness must indicate something at least in the national life and character which it is not unimportant to understand.

I

The tradition of scholarship, like so many other things, comes to us from what used to be called the Renaissance, the period (it may not be ironical to be reminded) in which the Americas were discovered and explored; and whatever savour of distinction inheres in the idea of “the gentleman and the scholar” was created then. Scholarship at first meant merely a knowledge of the classics, and though it has since widened its scope, even then the diversity of its problems was apparent, for the classical writers had tilled many fields of human knowledge, and the student of Homer and Virgil was really faced with a different problem from the student of Plato or Thucydides. Scholarship has never been a reality, a field that could be bounded and defined in the sense in which poetry, philosophy, and history can be. It is a point of view, an attitude, a method of approach, and, so far as its meaning and purpose can be captured, it may be said to be the discipline and illumination that come from the intellectual mastery of a definite problem involved in the growth of the human spirit.

Scholarship, conceived in this sense, has no history (though dull and learned hodge-podges have served as such), for it is a spirit diffused over various fields of study; and in America this spirit has scarcely even come into existence. American Universities seem to have been created for the special purpose of ignoring or destroying it. The chief monuments of American scholarship have seldom if ever come from men who have been willing to live their whole lives in an academic atmosphere. The men whom we think of as our foremost literary scholars, Gildersleeve, Norton, and the rest, acquired their fame rather through their personalities than their scholarly achievements. The historians, Motley, Prescott, Bancroft, Parkman, Rhodes, Lea, Fiske, Mahan, were not professors; books like Taylor’s “Mediæval Mind,” Henry Adams’s “Mont Saint Michel and Chartres,” Thayer’s “Cavour,” Villard’s “John Brown,” and Beveridge’s “John Marshall,” even Ticknor’s “History of Spanish Literature,” were not written within University walls, though Ticknor’s sixteen years of teaching tamed the work of a brilliant man of the world until there is little left save the characteristic juiceless virtue of an intelligent ordering of laborious research. It would seem as if in the atmosphere of our Universities personality could not find fruitage in scholarly achievement worthy of it, and learning can only thrive when it gives no hostages to the enemy, personality.