Chapter XVII: Introduction: (Omitted)

PROOF

I. Combinations of capital are unnecessary, for

A. The concentration of capital is possible without them, for

1. Many individuals and partnerships have enough capital to
produce commodities in the most economical units.

2. Trades are sufficiently large to admit many great
competitors.

B. Combinations of capital are not necessary to resist labor
organizations, for

1. Labor unions do not have a complete monopoly of labor,
for

a. Strikes are often a failure, for

(1) (Here cite specific instances from your personal
knowledge in which strikes have failed.)

2. Associations for the purpose of resisting labor unions
are possible without combinations of capital.

II. Combinations of capital are a social evil, for

A. They encourage gambling and speculation, for

1. They practice “watering stock,” for

a. (Cite a number of specific instances.)

2. They inflate or depress the value of stocks at will.

B. They concentrate wealth in the hands of a few men, for

1. John D. Rockefeller gained his immense wealth from the
Standard Oil monopoly.

2. (Cite several other specific examples like the above.)

C. They discourage individual enterprise, for

1. Independent producers are driven out of business.

2. An individual cannot build up a business for himself.

III. Combinations of capital are an economic evil, for

A. They limit natural production.

B. They destroy competition, for

1. They absorb large producers.

2. They crush small producers.

C. They raise prices, for

1. They gain control of the market for this purpose.

IV. The prohibition of combinations of capital by the Federal
Government is practicable, for

A. The power is given to the Federal Government by the
Constitution, for

1. Congress is given power to regulate interstate commerce,
for

a. Art. 1, Sec. 8 grants this power.

2. The United States courts have jurisdiction over these
matters, for

a. Art. 1, Sec. 8 confers this power upon them.

In the above section taken from a completed brief enough evidence is introduced to show clearly the relation which must exist between each statement. Numbers I, II, III, and IV indicate the main issues. Under I, A and B read as reasons for the truth of I. Under A, 1 and 2 read as reasons for the truth of A and so on throughout the brief. Each statement is connected with the preceding statement, to which it is subordinate, by means of the conjunction “for.” These statements must make complete sense and show their logical relation when connected by this conjunction: as in II. Combinations of capital are a social evil, for

A. They encourage gambling and speculation.

The rule stated at the beginning of this section is one of the most important guides to correct brief making and every part of the proof should be thoroughly tested by reference to it.

_7. Statements introducing refutation must show clearly the argument to he refuted._

Refutation may be introduced at any point in the brief where objections arise in connection with the constructive argument. It should always be placed in its logical position, which is under the argument to which the objection is made. Only the strong objections which appear to be obvious hindrances to logical progress should be considered. Any stubborn objections which need to be cleared away before the argument can proceed with safety should be introduced. The argument to be refuted should be clearly stated, and the refutation should be set forth in the same way and subject to the same rules as the other parts of the brief.

An example of the proper introduction of refutation in a constructive argument is shown in the speech of Roscoe Conkling delivered at the Republican Convention in Chicago in 1880, in which he nominated Ulysses S. Grant for President of the United States. The chief objection to Grant’s candidacy was that he had already served two terms as President. The precedent, set by Washington, that no man should serve more than two terms as President, had always been followed and had become one of the well established political customs of the country. Here was certainly a strong objection to the constructive argument of the speaker. Therefore the refutation is introduced where the speaker attempts to show that Grant’s character as a man and his great services to his country entitle him to the presidency. In brief form a statement of the refutation would be as follows:

A. _Refutation._ The argument that Grant should not be nominated because he has already served two terms as President is unsound, for

1. It is absurd to say that because we have tried Grant twice and
found him faithful we ought not to trust him again.

Refutation should always be introduced in the manner which the above illustration indicates. First the series of symbols under which it should come should be determined; then the word Refutation should be placed opposite that symbol, followed by the formal statement that “The argument that ... is unsound, for.” For a further illustration of the manner in which refutation ought to appear the student should consult the completed brief at the end of this chapter.

_8. The conclusion should be a summary of the main arguments just as they stand in the proof of the brief, and should close with an affirmation or denial of the proposition in the exact words in which it is phrased._

A conclusion must be forcible and to the point. It should review the main issues and show at a glance their relation to the proposition. The conclusion to the brief given at the end of this chapter is a good example of the form in which a conclusion should be stated.

SUMMARY OF THE RULES FOR CONSTRUCTING THE BRIEF

1. A brief should be constructed in three parts: Introduction, Proof,
and Conclusion.

2. Each statement in a brief should be a single complete sentence.

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

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

5. The main statements of the proof should correspond to the main
issues set forth in the introduction and should read as reasons for
the truth of the proposition.

6. Every statement in the proof must read as a reason for the
statement to which it is subordinate.

7. Statements introducing refutation must show clearly the argument to
be refuted.

8. The conclusion should be a summary of the main arguments just as
they stand in the proof of the brief, and should close with an
affirmation or denial of the proposition in the exact words in
which it is phrased.

The following brief written by a student taking his first course in argumentation shows clearly the application of all the above rules. It is not given as an example of a perfect brief on the proposition stated but it furnishes proper suggestions to the person whose experience in drawing briefs is not extensive. In studying this brief the student should observe the relation between the statements under each main topic, the method of building up the structure of the brief so that the relation of the various parts to the proposition is clear, and the fact that in each case every statement rests upon a sound foundation. The citation of good authority and the reliable source from which it was obtained are given wherever an authority is required. The brief may be criticised on the ground that too much reliance is placed upon one source of evidence. As suggested in the chapter on Evidence the exact reference to authority should always be given in order that its value may lend weight to the argument. Furthermore, the student is thus enabled to refer again to his source of evidence for further information in case it becomes necessary.

In conclusion, the student must not forget that these rules should be thoroughly mastered and that a conscious application of them must be made in the actual practice of brief-drawing. It is only by this means that they can be made a part of the argumentative equipment. After the brief is drawn it should be carefully examined and tested by the above rules. If certain parts evince weakness, these should be strengthened by rearrangement, or by supplying more and stronger evidence. The student may be compelled to return again and again to his source of evidence in order to find material of which he has need. If the steps preceding the construction of the brief have been carefully attended to, he will find himself so familiar with the subject-matter of the proposition that such work will be undertaken with the delight and interest which the keen investigator feels when he is close on the trail of matter which will prove his conclusions.

AFFIRMATIVE BRIEF

PROPOSITION: Resolved, that the Federal Government should levy a
progressive income tax.