Chapter V: Constructing the Brief

The construction of a brief is a most interesting task, for the bringing of order out of chaos always gives a thrill of satisfaction to the active thinker. It indicates the mastery of the human mind over material facts and conditions. In this as in all other spheres of endeavor the joy of victory possesses him who overcomes.

The work of constructing a brief is usually looked upon by the uninitiated with considerable apprehension. It is regarded as a most difficult task, and so it is. But the difficulty of the task is greatly overshadowed by the pleasure which may be derived from it, providing the preliminary work has been done thoroughly. Every step in the argumentative process up to this point must have been taken with diligence. If this work has been well done the student finds himself in the possession of a large amount of evidence. The analysis of the proposition and the collecting of the evidence have given the student a broad outlook over the field to be covered by the brief. Now, to get the most comprehensive view of this field, he must look at it from the standpoint of the Purpose of the Brief.

I. The purpose of the brief.

The purpose of the brief is to furnish a solid framework for the argument. It indicates definitely the path which the argument is to follow. It maps out a continuous course of procedure ending at the conclusion which it is the purpose of the argument to establish. To develop one of the above figures of speech still further, we may regard the brief as the framework of the vehicle which carries the argument along the straight road which leads to persuasion.

The brief enables the writer or speaker to present his arguments in logical order, to indicate the relation which the evidence bears to the arguments, and to give unity and coherence to the finished product. Without a well constructed brief an argument will inevitably be more or less rambling and incoherent; with a well constructed brief each piece of evidence can be utilized in the place where it will do the most good. The facts of evidence can be arranged in climactic order and the proper proportion given to the completed structure. By keeping these objects in mind the work of building a brief out of the evidence collected may be intelligently begun.

II. Method of constructing the brief.

The work of constructing the brief should be begun with all the evidence, which has been collected and recorded on cards or slips of paper, ready at hand. By this time the investigator has probably determined whether he wishes to make any alteration in his original analysis. If any alterations seem advisable they should be made before proceeding.

The analysis of the question reveals the main issues. In order to make the work of construction as simple as possible let us suppose that the evidence has been collected on the affirmative of the following proposition: “Resolved, that all cities in the United States having a population of over 5000 should adopt the commission form of city government.” The analysis of the question has shown that in order to establish the truth of this proposition it is necessary to prove these three main issues: (1) That the proposed plan is necessary, (2) That the proposed plan is good in theory, and (3) That the proposed plan works well in practice. Each of these three main issues should be written on a separate piece of paper, an extra slip of paper should be marked “Introduction,” and still another “Refutation.” These five slips of paper should be spread out on a table and the work of classifying the cards begun. All cards containing facts or opinions which show the necessity for the plan should be placed on the paper marked “The proposed plan is necessary,” those dealing with theory should be placed on the paper marked “The proposed plan is good in theory,” and those dealing with the practical side of the question should be placed on the paper marked “The proposed plan works well in practice.” To be more concrete, suppose we have one card which contains a statement from the mayor of Galveston, Texas, in which he says that the commission form of city government has worked successfully in that city; another card on which are statistics showing that the practical operation of the commission plan in Des Moines, Iowa, has resulted in reducing the governmental expenses of that city; and still another card which shows that Grand Rapids, Michigan, has successfully used the commission form of city government for ten years. All of these cards would, of course, be placed under the heading “The proposed plan works well in practice.” Cards treating the origin, history, and other matters discussed in the analysis of the question should be placed under “Introduction,” while cards containing material for refutation should be placed under “Refutation.”

Sometimes there will arise a question as to which of two heads most properly includes the material on a particular card. In such a case the student must use his best judgment. If the point is very important and the doubt great, a duplicate card may be made out and one card placed under each heading. Then when the brief is being written out a more intelligent decision can be made. Such difficulties as this, however, are infrequent, providing proper care has been taken in making the analysis of the question. The main issues should be distinct from each other and the line of demarcation between them should be clear cut. If this requirement is complied with, the classification of the cards in the manner above described is a comparatively simple matter.

Now that the cards have been divided, each pile can be more easily studied than could the large original pile. A half-hour spent in arranging and rearranging the cards and in reading them over in various connections will yield more information regarding the way in which the argument should be put together than a whole day spent in unaided pondering.

The cards should be examined with the object in view of making a subdivision of the material under each main issue. To illustrate, an examination of the cards under the first main issue above discussed, viz. “That the proposed plan of city government is necessary,” reveals the fact that this main issue “necessity” may be discussed under three heads: (1) Political necessity, (2) Social necessity, (3) Financial necessity. Now we proceed to divide the pack of cards on necessity into three parts, corresponding to the above division. This is done in the same manner in which the original pack was divided into five packs. Each of these smaller packs should then be carefully examined in order to determine whether a further subdivision is advisable. The process should be continued until all the recorded evidence is classified. Then each pack of cards should be carefully labelled with the name of the subdivision to which it belongs, and kept, with its fellows of the same subdivision, under the division to which they belong, and all the members of each division should be kept under the main issue to which they belong. The student must in the same way make himself familiar with, and classify, the cards under the headings of “Introduction” and “Refutation.” Next comes the task of arranging these groups of cards in their proper order. In making this arrangement two principles should be kept constantly in mind. In the first place the order of arrangement must be logical; in the second place the divisions should be arranged in climactic order wherever possible. The strongest argument should be put last unless there is an important logical objection to putting it in that position. In arranging the order of the main issues above discussed, “necessity” should be placed first, because the necessity for a thing paves the way for its adoption. It is the logical beginning. Theory should be placed second, and last of all the argument “practice,” because nothing can constitute a stronger argument in favor of the adoption of a plan than to show that it has already worked well in many instances. This arrangement is not only the climactic order, but from the psychological standpoint it makes the strongest impression. The process of arranging groups in their logical order should be carried on until the cards comprising the smallest group are placed in what appears to be the order dictated by logical sequence and climactic effect.

After the evidence has been duly arranged in accordance with the method just explained, the task of writing out the brief formally may be commenced.

III. Rules for constructing a brief.

_1. A brief should be composed of three parts: Introduction, Proof, and Conclusion._

The three parts of the brief, Introduction, Proof, and Conclusion, should bear a well regulated proportion to each other. The tendency of the beginner is to make the introduction too long: a two page introduction to a three page brief is absurd. The proof should occupy by far the greater part of the brief, the introduction should be as compact as is consistent with its purpose, and the conclusion should be shorter than the introduction.

_2. Each statement in a brief should be a single complete sentence._

The sentences of the brief must be grammatically correct. Each idea should be carefully thought out and presented in a short, simple, direct, and comprehensive sentence, for long and complicated sentences lead to ambiguity. Moreover, the sentence must contain but one central idea, which must be stated completely. Mere topics are not sufficient. The word “Practicable” should not be made to represent the entire statement that “The commission form of city government is practicable,” but the complete statement should be written out.

_3. The relation which the different statements in a brief bear to each other should be indicated by symbols and indentations._

Every statement in the brief must stand either directly or indirectly as a reason for the truth of the proposition. If a statement stands as direct proof of the proposition, this fact must be indicated; if as indirect, this fact must also be indicated. The statements which stand as direct proof should be marked with the same kind of symbols and indented in the same way. This enables the reader to glance over the brief and see the main issues standing out distinctly from the subordinate statements.

The system of symbols used is immaterial, providing they serve the purpose above indicated. For the sake of uniformity, however, it is suggested that the student adhere to the following plan:

This proposition is true, for
I................................, for
A.............................., for
1............................, for
a.........................., for
(1)......................, for
(a)...................., for
(x).................., for
(y).................., for
B.............................., for
1.. etc.
II..............................., for
A...........
etc.
B..........
etc.

The above symbols with their appropriate indentations are sufficient in variety for almost any brief. To make this plan more concrete let us suppose that the proposition is held to be true for two reasons. These reasons then are the main issues, and are coördinate so far as subject-matter is concerned; therefore they are placed with the symbols I and II, which are next to the left hand margin of the paper. There are two main reasons for I, and these are marked A and B, with a greater indentation from the left hand margin than I. There is one reason for A and it is marked 1 with a slightly greater indentation from the margin than A. If there were two reasons the second one would be marked 2 with the same indentation as 1. That is, the same arrangement applies throughout the entire system that applies to I and II, and A and B. There is one reason for 1 and it is marked a with a slightly greater indentation; the reason for a is marked (1), and the reason for (1) is marked (a). There are two facts which prove the truth of (a) and they are marked (x) and (y). In this way the entire brief, whether long or short, is worked out and the relation existing between all its parts clearly shown.

_4. The introduction should contain the main issues, together with a brief statement of the process of analysis by which they were found._

As previously stated, in making the analysis of a proposition an unprejudiced standpoint must be taken. This is true because the object is to find the statements which if proved will establish the truth of the proposition. Since it is the object of the introduction to set forth the main issues it must contain nothing but the process of analysis by which these issues were derived. There must be no statements which require proof and none which indicate a prejudice in favor of one side or the other.

A long introduction must be avoided, because it is almost sure to contain irrelevant matter. Furthermore, a reader or hearer is not going to keep in mind all the history, conditions, definitions, and limitations which a long introduction may properly include, unless they are briefly expressed and lead straight to the heart of the controversy. Again, a long introduction is tiresome. The writer once heard a prominent United States Senator say, after acting as judge of a college debate: “Boil down your introduction. The men who pass on what you have to say, whether in business, politics, or education, want to know what you believe and why you believe it. Get at the ‘because’ part of your speech without delay.”

The process of analysis may have been long and laborious, but once the main issues have been found it is easy to point out the way to them. In the Lincoln-Douglas Debates, which are masterpieces of this kind of work, the introductions are exceedingly short as compared with the length of the speeches. No time is wasted in getting to the points at issue. A carefully worked out analysis may be presented briefly for it is seldom necessary to an understanding of the question to discuss its origin, its history, the admitted matter and the contentions of both sides. Seldom is it important to discuss more than two of these topics. Those phases of analysis which afford the shortest route to the main issues should be chosen. While some brief writers prefer to give the whole process of analysis, this makes the brief unnecessarily long. Suppose that you went into the forest for the purpose of finding a certain tree. You began a systematic search in which you traveled back and forth through the forest for three days. At last you found the tree. It is but a half-hour’s walk from the edge of the forest. Would you take those to whom you wish to show the tree over the path which you traveled in the three days’ search, or would you lead them directly to it? The answer is obvious. Why, then, should we weary the reader or hearer with a long introduction in which all the steps taken in search of the main issues are set forth, when we can state one or two of these steps and arrive at the main issues without delay?

Lincoln, in his first inaugural address, shows the virtue of a brief introduction. He might have dwelt long upon the origin of the question which he feared would sever the Union; he might have given extensively the history of slavery and the controversies resulting from it; he might have compounded definitions based upon the highest authorities; and all of this would have been relevant matter for the introduction of his speech. Moreover, there is no doubt that all of these matters had been considered by him in his analysis of the question. But when he wished to lead his hearers to the main issues which his analysis revealed, he chose the simplest and most direct route. After a brief introductory sentence he employed the process of elimination to cut away all extraneous matter by saying:

“I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement.”

Then he at once took up the subjects of slavery and secession, to which his elimination of extraneous material had narrowed the question.

The same brevity and directness characterizes Lincoln’s introduction to his Cooper Institute speech. Here a statement of admitted matter forms the means by which the point at issue is reached. This offers an introduction which is impartial, since both sides indorsed it, and the main issues arose out of the different interpretation which the Lincoln-Republicans and the Douglas-Democrats placed upon it. The crucial part of the introduction is as follows:

“In his speech last autumn at Columbus, Ohio, as reported in the New York ‘Times’ Senator Douglas said: ‘Our fathers, when they framed the government under which we live, understood this question just as well, and even better, than we do now.’ I fully indorse this, and I adopt it as a text for this discourse. I so adopt it because it furnishes a precise and an agreed starting-point for a discussion between Republicans and that wing of the Democracy headed by Senator Douglas. It simply leaves the inquiry: What was the understanding those fathers had of the question mentioned?”

It is seen that these statements bring us directly to the point at issue through the statement of admitted matter. The adoption of this admitted matter makes necessary some definitions. Lincoln gives these with clearness and exactness. “The frame of government under which we live,” is the Constitution of the United States. “The fathers” that framed this constitution were the thirty-nine men who signed the original instrument. The “question” which these fathers understood, “just as well, and even better, than we do now,” was: “Does the proper division of local from Federal authority, or anything in the constitution, forbid our Federal Government to control as to slavery in our Federal Territories?” Then Lincoln continues: “Upon this, Senator Douglas holds the affirmative, and the Republicans the negative. This affirmation and denial form an issue; and this issue—this question—is precisely what the text declares our fathers understood “better than we.” Let us now inquire whether the “thirty-nine,” or any of them, ever acted upon this question; and if they did, how they acted upon it—how they expressed that better understanding.” Thus Lincoln brings his hearers to the proof of his argument—to the point where it introduces evidence to show that the great majority of these men answered the question by voting for the prohibition of slavery.

Now let us write out a formal brief of this introduction and thus determine just what matters it really includes.

NEGATIVE BRIEF

PROPOSITION: Resolved, that the proper division of local from Federal
authority or the Constitution, forbids our Federal
Government to control as to slavery in our Federal
territories.