Now the key thing to be observed in this plea was that Darrow was not asking the jury to inspect the philosophy of Nietzsche for the purpose either of passing upon its internal consistency or its contact with reality. He was asking precisely what Bryan was asking of the jury at Dayton, namely that they take a strictly dialectical position outside it, viewing it as a partial universe of discourse with consequences which could be adjudged good or bad. The point to be especially noted is that Darrow did not raise the question of whether the philosophy of Nietzsche expresses necessary truth, or whether, let us say, it is essential to an understanding of the world. He was satisfied to point out that the state had not been a sufficiently vigilant guardian of the forces molding the character of its youth. But the prosecution at Dayton could use this line of argument without change. If the philosophy of Nietzsche were sufficient to instigate young men to criminal actions, it might be claimed with even greater force that the philosophy of evolution, which in the popular mind equated man with the animals, would do the same. The state’s dialectic here simply used one of Darrow’s earlier definitions to place the anti-evolution law in a favorable or benevolent category. In sum: to Darrow’s previous position that the doctrine of Nietzsche is capable of immoral influence, Bryan responded that the doctrine of evolution is likewise capable of immoral influence, and this of course was the dialectical countering of the defense’s position in the trial. There remains yet a third dialectical maneuver for the prosecution. On the second day of the trial Attorney-General Stewart, in reviewing the duties of the legislature, posed the following problem: “Supposing then that there should come within the minds of the people a conflict between literature and science. Then what would the legislature do? Wouldn’t they have to interpret?... Wouldn’t they have to interpret their construction of this conflict which one should be recognized or higher or more in the public schools?” This point was not exploited as fully as its importance might seem to warrant; but what the counsel was here declaring is that the legislature is necessarily the umpire in all disputes between partial universes. Therefore if literature and science should fall into a conflict, it would again be up to the legislature to assign the priority. It is not bound to recognize the claims of either of these exclusively because, as we saw earlier, it operates in a universe with reference to which these are partial bodies of discourse. The legislature is the disposer of partial universes. Accordingly when the Attorney-General took this stand, he came the nearest of any of the participants in the trial to clarifying the state’s position, and by this we mean to showing that for the state it was a matter of legal dialectic.