Arguments and Rebuttal

MAKING AN ARGUMENTATIVE ESSAY STRONGER THROUGH THE TECHNIQUE OF REBUTTAL

 

When people think about constructing a strong argument, they usually picture building a list of reasons why their point of view is correct. This is important, but it is not the only thing needed for a good argument. The strongest arguments will also give reasons why the opposing point of view is incorrect. Doing so is the act of rebuttal.

It is not enough to say why one side is right; it is also necessary to show why the other side is wrong. These may sound like the same activity, but they are not. The mere reasons why one side is right are not enough to refute the opposing view. It is necessary to rebut--actively shoot down the individual points that the other side is trying to assert--and show specifically why those views are incorrect.

Below is a rebuttal written by one person, Patricia Leary, to shoot down each point that the other person is trying to make. Leary takes each of the opponent’s premises and shows why each is faulty. Source: https://www.pajiba.com/miscellaneous/law-professor-absolutely-destroys-student-letter-

 

This is a letter from someone identified only as “Concerned Students” at Whittier Law School. It was written to a professor, Patricia Leary, who was wearing a “Black Lives Matter” t-shirt on campus.

After the transcript of the letter is Professor Leary’s response. She sent it to the school newspaper, because the writer of the letter was anonymous.

 

 

To: PATRICIA LEARY

From: Concerned Students

 

We write this letter to you with concern about your inappropriate conduct at Whittier Law School.

 

Specifically, you have presented yourself on campus, on at least one occasion, wearing a “Black Lives Matter” t-shirt. We believe this is an inappropriate and unnecessary statement that has no legitimate place within our institution of higher learning. The statement you represented and endorsed is also highly offensive and extremely inflammatory. We are here to learn the law. We do not spend three years of our lives and tens of thousands of dollars to be subjected to indoctrination or personal opinions of our professors.

 

Whittier Law School has prided itself on the diverse demographics represented within the student body. Your actions however, clearly represent your View that some of those demographics matter more than others. That alienates and isolates all non-black groups.

 

As someone who is charged to teach criminal law, it should be abundantly clear to you and beyond any question that ALL lives matter, as it is expressed unequivocally in the law. Furthermore, the “Black Lives Matter” statement is racist and anti-law enforcement and has been known to incite violence in this country. As someone who is paid to teach the law, you should be ashamed of yourself.

 

Your willingness to wear such an advertisement can only lead us to believe that you are completely ignorant of and uninformed about the social ramifications and implications surrounding the Black Lives Matter movement. People who support that message have robbed, rioted and burned innocent businesses and attacked law abiding peace officers who were charged with protecting ALL the demographics you’ve succeeded in isolating.

 

While we can appreciate your sacred right to the freedom of speech, we would strongly urge you to seriously reconsider your actions. You should exercise a little bit of respect and restraint. This is not a political science class or college. We are a law school. We have undertaken the very solemn duty to learn and respect the law. We do not need the mindless actions of our professors to distract and alienate us.

 

Just as our personal beliefs have no place in law exams, your personal beliefs have no place in the classroom.

 

Whittier Law School is experiencing an unprecedented decline in bar passage rate. It is imperative that you utilize energy to actually teach law instead of continue to express hateful messages.

 

Unfortunately, we feel that we must deliver this message to you anonymously. It is clear that the opinions expressed within this letter are not welcome. If student body opinions go against the school or faculty we fear there will be retaliation. In fact, Whittier Law School administration and faculty, including you, have shown no shame in displaying appalling levels of discrimination.

 

We are hopeful the new administration will rectify these abysmal failings and shortcomings. There is a lot of work to be done to rectify situations such as these.

 

 

Response from Patricia Leary

 

I am accepting the invitation in your memo, and the opportunity created by its content, to teach you. I would prefer to do it through a conversation, or especially through a series of conversations. Because I don’t know who you are. This isn’t possible. And there is an even more important reason for putting this in writing for the entire law school community. The larger issues that underlie your anger are timely, and they touch the entire law school community and transcend it…

 

 

When your argument is based on a series of premises, you should be aware of them. You should also be aware that if any of these premises are factually flawed or illogical, or if the reader simply doesn’t accept them, your message will collapse from lack of support. Here is a short list of some of the premises in your memo, and my critique of them.

 

Premise: You have purchased, with your tuition dollars, the right to make demands upon the institution and the people in it and to dictate the content of your legal education.

Critique: I do not subscribe to the “consumer model” of legal education. As a consequence, I believe in your entitlement to assert your needs and desires even more strongly than you do. You would be just as entitled to express yourself to us if the law school were entirely tuition free This is because you are a student, not because you are a consumer. Besides, the natural and logical extension of your premise IS that students on a full scholarship are not entitled to assert their needs and desires to the same extent as other students (or maybe even at all). So, as you can see, arguments premised on consumerism are not likely to influence me. On the contrary, such a premise causes me to believe that you have a diminished view of legal education and the source of our responsibility as legal educators. This allows me to take any criticism from such a perspective less seriously than I otherwise would.

 

Premise: You are not paying for my opinion.

Critique: You are not paying me to pretend I don’t have one.

 

Premise: There is something called “Law” that is objective, fixed, and detached from and unaffected by the society in which it functions.

Critique: Law has no meaning or relevance outside of society. It both shapes and is shaped by the society in which it functions. Law is made by humans. It protects, controls, burdens, and liberates humans, non-human animals, nature, and inanimate physical objects. Like the humans who make it, Law is biased, noble, aspirational, short-sighted, flawed, messy, unclear, brilliant, and constantly changing. If you think that Law is merely a set of rules to be taught and learned, you are missing the beauty of Law and the point of law school.

 

Premise: You know more about legal education than I do.

Critique: You don’t.

 

Premise: There is an invisible “only” in front of the words “Black Lives Matter.”

Critique: There is a difference between focus and exclusion. If something matters, this does not imply that nothing else does. If l say “Law Students Matter” it does not imply that my colleagues, friends, and family do not. Here is something else that matters: context. The Black Lives Matter movement arose in a context of evidence that they don’t. When people are receiving messages from the culture in which they live that their lives are less important than other lives, it is a cruel distortion of reality to scold them for not being inclusive enough.

 

As applied specifically to the context in which I wore my Black Lives Matter shirt, I did this on a day in Criminal Procedure when we were explicitly discussing violence against the black community by police.

 

There are some implicit words that precede “Black Lives Matter,” and they go something like this:

Because of the brutalizing and killing of black people at the hands of the police and the indifference of society in general and the criminal justice system in particular. It is important that we say that…

This is, of course, far too long to fit on a shirt.

 

Black Lives Matter is about focus, not exclusion. As a general matter, seeing the world and the people in it in mutually exclusive, either/or terms impedes your own thought processes. If you wish to bear that intellectual consequence of a constricting ideology, that’s your decision. But this does not entitle you to project your either/or ideology onto people who do not share it.

 

Premise: Saying “Black Lives Matter” is an expression of racist hatred of white people.

Critique: “Black Lives Matter” is not a statement about white people. It does not exclude white people. It does not accuse white people, unless you are a specific white person who perpetrates, endorses, or ignores violence against black people. If you are one of those people, then somebody had better be saying something to you. (I am using “you” here in the general sense as a substitute for “one,” and not as in “you memo writers.”)

 

Premise: History doesn’t matter. Therefore sequences of cause and effect can be ignored (or even inverted).

Critique: To assert that the Black Lives Matter movement is about violence against the police is to ignore (and invert) the causal reality that the movement arose as an effect of police violence. Yes, the movement is about violence, in that it is about the subject of violence, but it is not about violent retaliation against the violence that it is about. It is a tragic fact that rage as a consequence of racial injustice sometimes gets enacted as violence (although not nearly as often as we might expect. Given the longstanding causes of that rage). We can all lament the fact that violence begets violence. But we can’t even do that if we ignore the violence that has done, and is doing, the begetting.

 

Premise: What you think something means is the same as what it actually means.

Critique: We are all entitled to (and should make every effort to) discern meaning. There can be reasonable differences of opinion about what something means. Something can even carry a meaning that has a larger life of its own, regardless of the meaning ascribed to it by a particular person. For example, the flag of the Confederacy carries the meaning of white supremacy. Even if a particular person thinks it only means “tradition.” One person, or even a group of people, cannot take away the flag’s odious meaning just by declaring that it means something else. Similarly, ascribing a negative meaning where none exists does not bring that meaning into being.

 

Unless you speak for the Black Lives Matter movement you have no authority to say what those words mean to the people in it. You certainly have no authority to say (and apparently not even any knowledge of) what it means to me. Your interpretation of something and your reaction to it based on that interpretation are not the some as what something actually means. Things in the world have meanings that exist outside of you.

 

The point I am making here is different from the points above that address your misunderstanding of the movement and the three words that embody it. This is a point about aggrandizement, not accuracy.