How To Judge Authorities (1948)

[Music] it's a good book I enjoyed reading it but it only complicated my made it higher than ever to decide whether I should consider a legal career mr. hunter for three years now you've helped me plan my courses what do you think I should do helping you plan your courses is my job bill but you'll have to think out for yourself the factors affecting your career time ago how did the book complicate your problem well I went down to interview mr. Morley he's a successful lawyer downtown and head of the Bar Association you know he told me all about the opportunities and the work and what he did and I could just see myself in his place and so ladies and gentlemen of the jury you have seen how my clients the plaintiff did everything in his power to achieve a friendly settlement of differences with a defendant I have proved beyond a shadow of a doubt that payment of these claims to my client is the only fair the only just decision and then I said to myself boy that's the light for me then this book well mr. hunter the author doesn't seem to think too highly of laws of profession look here he says things like dull and of heartbreaking study years of drudgery so many unhappy unsuccessful lawyers things like that make me wonder whether I'm right and listening to mr. Morley and that's how the book is complicated my problem here I have the advice of two different people and they completely disagree well build your client they have to decide whose advice you will take but how have you considered each of them as an authority no sir but your remember the method you learned in your civics class don't you yes why not applied here you can sit over there and when your throw will plan your courses after you've judged your authorities yes by judging his authorities he'll can decide which one to follow and he must judge well for it's a vital problem a problem all of us face from day to day there are conflicts of authority and nearly everything we read and hear in casual conversation on the radio at lectures and speeches in library books newspapers magazines for instance read this offhand how would you rate Bronco Lewis as an authority on breakfast food or compare this headline with this it's plain that these two newspapers have different points of view but which is nearer the truth how often do you find that various books do not agree how can you judge the authors in order to know which to believe there is a method that will help us whenever we come up against a conflict of authorities and we can learn about it by watching how bill judges his authorities mr. Penner author of the professional careers and mr. morally prominent lawyer he will judge them on three counts the internal evidence the author's experience and Phil's own experience first internal evidence that is whatever clues to authority can be found in the speech magazine article or book itself one question is most important though the author present his case clearly and convincingly recognizing facts and interpreting them soundly based on his study of the book bill decides that mr. Penner does score on this point checking the book closely bill finds that the publisher is reputable and the copyright date is recent there are footnotes throughout the book and a bibliography as well these are important as signs that the author has consulted other authorities and appears to be reliable so there is the internal evidence of mr. Penner's Authority now what of mr. Morley what did he have to say well bill there's nothing as satisfying as this kind of work I have so many opportunities to work for justice and equality interpreting the law takes a lot of skill you know of course it's a long hard pull to achieve any kind of success as a lawyer but once you've come through it you'll look back on it with pride yes bill this is wonderful work well the internal evidence shows mr. Morley also to be clear and convincing but does the fact that law is satisfying to him mean that it will satisfy bill no what he said had almost nothing to do with bill well that's a question and there's no evidence to indicate that mr. Morley has considered all sides he was asked the question and he gave an answer on the basis of internal evidence which authority would you choose to follow bill chalks one up for mr. Penner now to examine the author's experience what is there in the author's background that qualifies him to speak on the topic bill doesn't really know anything about mr. Penner here perhaps who's who will help of course there might be more information in the library but here in who's who is some interesting material so mr. Penner's of PhD and a psychologist he's a vocational guidance expert and on the staff of the vocational guidance Institute that speaks well for mr. panner and so many people come to see him he certainly is an authority on vocations the qualifications needed and opportunities available but he has never been a lawyer himself so bill makes a note that mr. Penner speaks from observation what about mr. Morley's experience he himself has come through the years of drudgery of which mr. Penner writes he is a lawyer a successful one and in his position as head of the Bar Association he meets many other lawyers both successful and unsuccessful so let's say that mr. Morley's speaks from observation and from experience so on the basis of the author's experience how would you judge the authorities bill gives this point to mr. Morley and the score stands one to one now what will bills own experience tell him about these authorities that is which authority seems more valid to him mr. Morley's very enthusiasm may have helped contribute to his success does Bill have that enthusiasm to help him overcome obstacles or is bill more like mr. Penner cautious in his judgment of himself careful to analyze what he wants from his work mr. Morley is happy and successful in his law work yet as mr. Pinter points out many lawyers are not successful in the last analysis builds on experience his knowledge of the subject and of himself must guide his judgment just as your own knowledge and experience must serve as a guide when you judge Authority's internal evidence authors experienced own experience by these three standards bill has judged his authorities and come to a decision and what did bill decide well what do you think what would you decide in judging these Authority [Music]