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ARGUMENTUM AD HOMINEM.

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nothing to be certain, by replying that the very declaration of universal uncertainty must itself be uncertain. Cudworth, in encountering Protagoras, who denied absolute truth, retorts that Protagoras's own affirmation, "Man is the measure of all things," is given by him as absolute.

Earl Russell, writing to the Government of Saxony, on the violation by the German Powers, of the treaties with reference to Schleswig and Holstein, uses the ad hominem argument: "Her Majesty's Government is convinced that the Court of Dresden will understand that if such a line of argument [that advanced on the other side) were admitted as valid, every existing treaty would become waste paper. (This is an argument based on the common interest of nations; what follows is special to the parties addressed.] I refrain from quoting cases in point in which such a light and inconsiderate mode of interpreting treaties would prove seriously prejudicial to the German Powers themselves."

We may also quote Hooker's interrogation, addressed to the atheistic profane swearer, "Is there a God to swear by, and none to believe in, none to pray to?" When any one merits the reproach conveyed in the comparison, "Satan reproving sin," he comes under the ad hominem argument.

The reasonings against extending political privileges to women are met by the fact—a woman is on the throne.

But as every mode of error, or of alleged error, must involve contradiction, or the appearance of contradiction, Refutation, however variously conducted, must always end by bringing on the clash of irreconcilable facts, principles, or opinions; just as Proof must resolve itself into setting forth the consistency or agreement of facts or principles.

108. Arguments from Analogy are refuted by exposing the defectiveness of the similarity.

When a reason for the interference of government with the private tastes of the people, is adduced from the analogy of the parental relation, we deny that the two cases resemble each other to this extent. Plato, in the Republic, constitutes a

State on the analogy of the three constituent portions of the human mind, as laid down by him—Reason, Energy, Appetite. Hostile critics deny the resemblance. Socrates put forth the analogy between the practice of social duty and a special profession, both alike depending on knowledge or skill; it is replied, that the analogy fails in an essential point. There are sufficient inducements, in the shape of immediate reward, to make men exercise their professional ability; there are no corresponding inducements to social virtue generally.

109. By far the most frequent occasion of debate is the case of opposing Probabilities.

The nature of probable evidence has already been pointed out; and there is only one way of arguing the case, namely, to show that the amount of probability contended for is no greater than the proportion of the instances in actual experience. The probability of a life rests on the statistics of mortality. The probability that education at a public school will increase the manliness (whatever that means) of a youth, is the proportion of those that have been so influenced to those that have not. If that can be ascertained with some approach to statistical accuracy, the probability is established; and an opponent must deal with the alleged statistics in order to do,away with the probability.

110. There are cases in which a debater is allowed to lay the Burden of Proof upon the other side.

The Burden of Proof is thrown upon any one proposing to infringe other men's liberties, to inflict pains or penalties, or in any way to restrain the pleasures of mankind. It is thrown also, although in a less degree, on whoever endeavors to pull down an existing institution, to expel an actual possessor, to impeach a prevailing and long-sanctioned opinion. In these last cases, we have seen so many examples of the change of institutions, possessions, and opinions, that the presumption in favor of what exists is not necessarily very strong. In regard to the extension of the political franchise, it is held that the

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burden of proof lies upon those that would exclude any class from this privilege.

111. There are various maxims appertaining to the Tactics of Argument and Debate.

When strong opposition is encountered, it is often prudent to deviate from the strict methods of Argument.

If a sufficiency of conclusive arguments can be had, those of inferior force are not unwisely kept back, because the refutation of any part of the case is apt to make an unfavorable impression.

A speaker contending against great odds, endeavors to carry to the utmost point, and to set forth with effect, his agreement with the other side.

Chatham, in arguing for conciliation with America, took care always to show that he was not inferior to any one in zeal for the supremacy of the British crown:—"Though he loved the Americans, as men prizing and setting the just value on that inestimable blessing, Liberty; yet, if he could once bring himself to be persuaded that they entertained the most distant intentions of throwing off the legislative supremacy and great constitutional superintending power and control of the British legislature, he should be the very person himself who would be the first and most zealous mover for securing and enforcing that power by every possible exertion this country was capable of making."

The same policy will suggest the surrender, on some occasions, of positions fully defensible by argument.

It is desirable to state, or appear to state, in their full force, objections that have taken possession of the minds of the hearers. This was a characteristic of Fox. Whately remarks that, in combating deep-rooted prejudices, and in maintaining unpopular and paradoxical truths, the aim should be to adduce what is sufficient, and not much more than sufficient, to prove the conclusion. There is danger in urging too forcibly what the bearer is not as yet fully prepared to receive.

The mistake of overdoing a case was committed in the im

peachment of Warren Hastings. See, as an example, Burke's Climax, p. 58.

112. III. We must now advert to the Oratory of the Feelings.

All Persuasion supposes that there are some feelings or human susceptibilities to work upon. In Argument, no attempt is made to heighten or diminish the feelings themselves; it is considered only how to bring a case under them.

The motives whereby human beings can be impelled may come under five heads.

(1.) Present, or Actual, Pleasures and Pains. Our sensibilities to pleasure and pain are either the Senses (taken along with Movement), or the Emotions, as, Tender Emotion, Power, Self-esteem, Anger, Fear, Knowledge, Fine Art Emotion, Moral Sentiment. Some of these, as the Senses, are ultimate or fundamental; others, as Knowledge, Fine Art, Moral Sentiment, may be, in whole or in part, derived.

The resources of the orator are of little avail towards the pleasures and pains of the senses; but he can stimulate and strengthen every one of the emotions.

(2.) The Ideas of future Pleasures and Pains. We are moved by pleasure and pain to come; taking steps to secure the one, and to avoid the other. Now, to be so moved, we must have an idea or notion of the pleasure or the pain, obtained by adequately recollecting our past experience of each; a feeble recollection is inoperative on the will. Hence Prudence is identical with a perfect memory for past good and evil, which enables future good and evil to be effectively kept in view.

The persuasive art is capable of bodying forth the future consequences of our actions, so as to urge us forward in one line of conduct, and deter us from another.

(3.) Certain Objects representing Aggregates of Pleasures or Pains; as, health, money, knowledge, profession, station, reputation, family, society, law, morality, and all the subordinate institutions and arrangements branching out from these.

The regard to these objects is an effect of their connection

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with our ultimate or immediate sensibilities, and their pursuit accords with our sense of this connection.

It is a part of our moral education to appreciate these several aggregate and intermediate ends at their true value, as bearing upon the ultimate ends; and the orator may act as our instructor, raising our estimate when too low, and depressing it when too high. His instrumentality is the depicting of man's experience in all that relates to the connection between the two classes of ends.

(4.) Impassioned Objects, or Ends. It is a fact of our constitution, that we are often seized with an ardor of pursuit, or a degree of aversion, having no proportionate regard to pleasure secured, or pain warded off. In general, it is some highly exciting emotion that disturbs the even balance of the will; such as Fear, Anger, Ambition, Affection. In a state of terror, or panic, people are said to lose self-command; they will even sacrifice pleasure and hasten towards ruin.

Oratory has here a commanding efficacy.

(5.) The Pleasures and Pains of others, or Sympathy.

We can take on, in a manner, the pleasures and pains of others, and, in doing so, we are moved to act for these as for our own. This is the nature of pity, compassion, or fellowfeeling; and it is the main spring of social duty and goodness. An orator can inspire sympathy and benevolence by representing in lively colors the pains of others.

113. It will be sufficient for our purpose to exemplify the address to the Feelings under these three heads :— 1st, Our own Pleasures and Pains considered as remote; which may include aggregate or associated objects or ends; 2d, Sympathy with others; 3d, the Emotions and Passions.

To awaken us to act for our future pleasures, these must be described in adequate language, and with circumstances of credibility. If the pleasures and pains have been already experienced, we should need only to be reminded of them, but for the predominance of some present state, which will not allow

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