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 juridical is that known in Greek as δικαιολογικός But just as Archedemus would not recognise the qualitative basis, so these reject the definitive which they include in the juridical, holding

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that in these questions we have to enquire whether it is just that the act with which the accused is charged should be called sacrilege or theft or madness.

Pamplihlus held this opinion but subdivided quality into several different species. The majority of later writers have classified bases as follows, involving however no more than a change of names:— those dealing with ascertained facts and those dealing with matters where there is a doubt. For a thing must either be certain or uncertain: if it is uncertain, the basis will be conjectural; if certain, it will be some one of the other bases.

Apollodorus says the same thing when he states that a question must either lie in things external, [*](e.g. circumstantial evidence. ) which give play to conjecture, or in our own opinions: the former he calls πραγματικός the latter περὶ ἐννοίας The same is said by those who employ the terms ἀπροληπτὸς [*](ἀπροληπτός lit. = unpresumed. ) and προληπτικός, that is to say doubtful and presumptive, by this latter term meaning those facts which are beyond a doubt.

Theodorus agrees with them, for he holds that the question is either as to whether such and such a thing is really so, or is concerned with the accidents of something which is an admitted fact: that is to say it is either περὶ οὐσίας or περὶ συμβεβηκότων For in all these cases the first basis is conjectural, while the second belongs to one of the other classes. As for these other classes of basis, Apollodorus holds that there are two, one concerned with quality and the other with the names of things, that is to say a definitive basis. Theodorus makes them four, concerned with existence, quality, quantity and relation.