Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

Aristotle [*]( Ar. Rhet. 1416 b : 1374 a . ) in his Rhetoric states that all enquiry turns on the questions whether a thing is, of what kind it is, how great it is, and of how many parts it consists. In one place however he recognises the force of definition as well, saying that certain points are defended on the following lines:—

I took it, but did not steal it.
I struck him, but did not commit an assault.

Cicero [*](de Inv. I. viii. 10. ) again in his Rhetorica makes the number of bases to be four, namely those concerned with fact, names, kinds, and legal action, that is to say conjecture is concerned with fact, definition with names, quality with kinds, and law with action: under this latter head of law he included questions of competence. But in another passage he treats [*](Part. Or. 31 and 38. ) legal questions as a species of action. Some writers have held that there are five bases:

the conjectural, definitive, qualitative, quantitative and relative. Theodorus, also, as I have said, [*](§ 36.) adopts the same number of general heads, whether a thing is, what it is, of what kind it is, how great it is, and to what it refers. The last he considers to be chiefly concerned with comparison, since better and worse, greater and less

v1-3 p.437
are meaningless terms unless referred to some standard.

But questions of relation, as I have already pointed out, enter also into translative questions, that is, questions of competence, since in cases such as

Has this man a right to bring an action?
or
Is it fitting that he should do such and such a thing, or against this man, or at this time, or in this manner?
For all these questions must be referred to a certain standard.