We see the nature of this distinction when we realize that there is never an argument, in the true sense of the term, about facts. When facts are disputed, the argument must be suspended until the facts are settled. Not until then may it be resumed, for all true argument is about the meaning of established or admitted facts. And since this meaning is always expressed in propositions, we can say further that all argument is about the systematic import of propositions. While that remains so, the truth of the theory of evolution or of any scientific theory can never be settled in a court of law. The court could admit the facts into the record, but the process of legal determination would deal with the meaning of the facts, and it could not go beyond saying that the facts comport, or do not comport, with the meanings of other propositions. Thus its task is to determine their place in a system of discourse and if possible to effect a resolution in accordance with the movement of dialectic. It is necessary that logic in its position as ultimate arbiter preserve this indifference toward that actuality which is the touchstone of scientific fact. It is plain that those who either expected or hoped that science would win a sweeping victory in the Tennessee courtroom were the same people who believe that science can take the place of speculative wisdom. The only consolation they had in the course of the trial was the embarrassment to which Darrow brought Bryan in questioning him about the Bible and the theory of evolution (during which Darrow did lead Bryan into some dialectical traps). But in strict consideration all of this was outside the bounds of the case because both the facts of evolution and the facts of the Bible were “items not in discourse,” to borrow a phrase employed by Professor Adler. That is to say, their correctness had to be determined by scientific means of investigation, if at all; but the relationship between the law and theories of man’s origin could be determined only by legal casuistry, in the non-pejorative sense of that phrase.