Institutio Oratoria
Quintilian
Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.
The nature of the questions into which enquiry is made in the courts is obvious. As regards those matters which do not come before a judge, they must necessarily be concerned either with the past or the future. We praise or denounce past actions, we deliberate about the future.
Again everything on which we have to speak must be either certain or doubtful. We praise or blame what is certain, as our inclination leads us: on the other hand where doubt exists, in some cases we are free to form our own views, and it is here that deliberation comes in, while in others, we leave the problem to the decision of others, and it is on these that litigation takes place.