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第53章

the higher learning in america-第53章

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technological schools may be occupied with work that is of



substantial use; and while they may draw more or less extensively



on the sciences for their materials and even for their methods;



they can not; for all that; claim standing in the university on



the ground of that disinterested intellectual enterprise which is



the university's peculiar domain。



    The professional knowledge and skill of physicians; surgeons;



dentists; pharmacists; agriculturists; engineers of all kinds;



perhaps even of journalists; is of some use to the community at



large; at the same time that it may be profitable to the bearers



of it。 The community has a substantial interest in the adequate



training of these men; although it is not that intellectual



interest that attaches to science and scholarship。 But such is



not the case with the training designed to give proficiency in



business。 No gain comes to the community at large from increasing



the business proficiency of any number of its young men。 There



are already much too many of these businessmen; much too astute



and proficient in their calling; for the common good。 A higher



average business efficiency simply raises activity and avidity in



business to a higher average pitch of skill and fervour; with



very little other material result than a redistribution of



ownership; since business is occupied with the competitive



wealth; not with its production。 It is only by a euphemistic



metaphor that we are accustomed to speak of the businessmen as



producers of goods。 Gains due to such efficiency are differential



gains only。 They are a differential as against other businessmen



on the one hand; and as against the rest of the community on the



other hand。 The work of the College of Commerce; accordingly; is



a peculiarly futile line of endeavour for any public institution;



in that it serves neither the intellectual advancement nor the



material welfare of the community。



    The greater the number and the higher the proficiency of the



community's businessmen; other things equal; the worse must the



rest of the community come off in that game of skilled bargaining



and shrewd management by which the businessmen get their gains。



Gratuitous or partly gratuitous training for business will



presumably increase the number of highly proficient businessmen。



As the old…fashioned economists would express it; it will



increase the number of 〃middlemen;〃 of men who 〃live by their



wits。〃 At the same time it should presumably increase the average



efficiency of this increased number。 The outcome should be that



the resulting body of businessmen will be able; between them; to



secure a larger proportion of the aggregate wealth of the



community; leaving the rest of the community poorer by that



much;except for that (extremely doubtful) amount by which shrewd



business management is likely to increase the material



wealth…producing capacity of the community。 Any such presumed



increase of wealth…producing capacity is an incidental



concomitant of business traffic; and in the nature of the case it



can not equal the aggregate increased gain that goes to the



businessmen。 At the best the question as to the effect which such



an aggregate increased business efficiency will have on the



community's material welfare is a question of how large the net



loss will be; that it will entail a net loss on the community at



large is in fact not an open question。



    A college of commerce is designed to serve an emulative



purpose only  individual gain regardless of; or at the cost of;



the community at large  and it is; therefore; peculiarly



incompatible with the collective cultural purpose of the



university。 It belongs in the corporation of learning no more



than a department of athletics。(10*) Both alike give training



that is of no use to the community;except; perhaps; as a



sentimental excitement。 Neither business proficiency nor



proficiency in athletic contests need be decried; of course。 They



have their value; to the businessmen and to the athletes;



respectively; chiefly as a means of livelihood at the cost of the



rest of the community; and it is to be presumed that they are



worth while to those who go in for that sort of thing。 Both alike



are related to the legitimate ends of the university as a drain



on its resources and an impairment of its scholarly animus。 As



related to the ostensible purposes of a university; therefore;



the support and conduct of such schools at the expense of the



universities is to be construed as a breach of trust。



    What has just been said of the schools of commerce is; of



course; true also of the other training schools comprised in this



latterday university policy; in the degree in which these others



aim at the like emulative and unscholarly results。 It holds true



of the law schools; e。 g。; typically and more largely than of the



generality of professional and technical schools。 Both in point



of the purely competitive value of their training and of the



unscientific character of their work; the law schools are in very



much the same case as the schools of commerce; and; no doubt; the



accepted inclusion of law schools in the university corporation



has made the intrusion of the schools of commerce much easier



than it otherwise would have been。 The law school's inclusion in



the university corporation has the countenance of ancient



tradition; it comes down as an authentic usage from the mediaeval



era of European education; and from the pre…history of the



American universities。 But in point of substantial merit the law



school belongs in the modern university no more than a school of



fencing or dancing。 This is particularly true of the American law



schools; in which the Austinian conception of law is followed;



and it is more particularly true the more consistently the 〃case



method〃 is adhered to。 These schools devote themselves with great



singleness to the training of practitioners; as distinct from



jurists; and their teachers stand in a relation to their students



analogous to that in which the 〃coaches〃 stand to the athletes。



What is had in view is the exigencies; expedients and strategy of



successful practice; and not so much a grasp of even those



quasi…scientific articles of metaphysics that lie at the root of



the legal system。 What is required and inculcated in the way of a



knowledge of these elements of law is a familiarity with their



strategic use。



    The profession of the Law is; of course; an honourable



profession; and it is doubtless believed by its apologists to be



a useful profession; on the whole; but a body of lawyers somewhat



less numerous; and with a lower average proficiency in legal



subtleties and expedients; would unquestionably be quite as



serviceable to the community at large as a larger number of such



men with a higher efficiency; at the same time they would be less



costly; both as to initial cost and as to the expenses of



maintenance that come of that excessive volume and retardation of



litigation due to an extreme facility in legal technique on the



part of the members of the bar。



    It will also be found true that both the schools of law and



those of commerce; and in a less degree the other vocational



schools; serve the advantage of one class as against another。 In



the measure in which these schools accomplish what they aim at;



they increase the advantage of such men as already have some



advantage over the common run。 The instruction is half…way



gratuitous; that is the purpose of placing these schoo

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