<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:3.11.21-3.11.28</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:3.11.21-3.11.28</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div n="urn:cts:latinLit:phi1002.phi001.perseus-eng2" type="translation" xml:lang="eng"><div n="3" type="textpart" subtype="book"><div n="11" type="textpart" subtype="section"><div n="21" type="textpart" subtype="section"><p> But this affectation of subtlety in the invention of technical terms is
                            mere laborious ostentation: I have undertaken the task of discussing
                            them solely that I might not be regarded as having failed to make
                            sufficient inquiry into the subject which I have chosen as my theme. But
                            it is quite unnecessary for an instructor proceeding on less technical
                            lines to destroy the coherence of his teaching by attention to such
                            minute detail. </p></div><div n="22" type="textpart" subtype="section"><p> Many however suffer from this drawback, more especially Hermagoras who,
                            although he labours these points with such anxious diligence, was a man
                            of penetrating intellect and in most respects deserves our admiration,
                            so that even where we must needs blame him, we cannot withhold a certain
                            meed of praise. </p></div><div n="23" type="textpart" subtype="section"><p> But the shorter method, which for that very reason is also by far the
                            most lucid, will not fatigue the learner by leading him through a maze
                            of detail, nor destroy the coherence of his eloquence by breaking it up
                            into a number of minute departments. For he who has a clear view of the
                            main issue of a dispute, and divines the aims which his own side and his
                            opponents intend to follow and the means they intend to employ (and it
                            is to the intentions of his own side that he must pay special
                            attention), will without a doubt be in possession of a knowledge of all
                            the points which I have discussed above. </p></div><div n="24" type="textpart" subtype="section"><p> And there is hardly anyone, unless he be a born fool without the least
                            acquaintance with the practice of speaking, who does <pb n="v1-3 p.535"/> not know what is the main issue of a dispute (or as they call it the
                                <hi rend="italic">cause</hi> or <hi rend="italic">central
                                argument</hi> ) and what is the <hi rend="italic">question</hi>
                            between the parties and the <hi rend="italic">point on which the judge
                                has to decide,</hi> these three being identical. For the <hi rend="italic">question</hi> is concerned with the matter in dispute
                            and the <hi rend="italic">decision of the judge</hi> is given on the
                            point involved in the <hi rend="italic">question.</hi>
                     </p></div><div n="25" type="textpart" subtype="section"><p> Still we do not keep our attention rigidly fixed on such details, but
                            the desire to win praise by any available means and the sheer delight in
                            speaking make us wander away from the subject, since there is always
                            richer material for eloquence outside the strict theme of the case,
                            inasmuch as the points of any given dispute are always few, and there is
                            all the world outside, and in the one case we speak according to our
                            instructions, in the other on the subjects of our own choice. </p></div><div n="26" type="textpart" subtype="section"><p> We should teach not so much that it is our duty to discover the <hi rend="italic">question, the</hi>
                        <hi rend="italic">central
                                argument,</hi> and the <hi rend="italic">point for the decision of
                                the judge</hi> (an easy task), as that we should continually keep
                            our attention on our subject, or if we digress, at least keep looking
                            back to it, lest in our desire to win applause we should let our weapons
                            drop from our grasp. </p></div><div n="27" type="textpart" subtype="section"><p> The school of Theodorus, as I have said, groups everything under <hi rend="italic">heads,</hi> by which they mean several things. First
                            they mean the <hi rend="italic">main question,</hi> which is to be
                            identified with the <hi rend="italic">basis;</hi> secondly they mean the
                            other questions dependent on the <hi rend="italic">main question,</hi>
                            thirdly the <hi rend="italic">proposition</hi> and the <hi rend="italic">statement of the proofs.</hi> The word is used as we use it when we
                            say <quote>It is the head of the whole business,</quote> or, as Menander
                            says, <foreign xml:lang="grc">κεφάλαιόν ἐστιν.</foreign>
                        <note anchored="true" place="unspecified"> Perhaps a gloss referring to
                                the late rhetorician Menander. If genuine, the words must refer to
                                the comic poet. </note> But generally speaking, anything which has
                            to be proved will be a head of varying degrees of importance. <pb n="v1-3 p.537"/> I have now set forth the principles laid down by
                            the writers of text-books, </p></div><div n="28" type="textpart" subtype="section"><p> though I have done so at a greater length than was necessary. I have
                            also explained what are the various parts of forensic causes. My next
                            book therefore shall deal with the <hi rend="italic">exordium.</hi>
                        <pb n="v1-3 p.539"/>
                     </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>