Institutio Oratoria

Quintilian

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

While the battle still rages, the task of luring on our adversary when he has once committed himself to error, and of forcing him to commit himself as deeply as possible, even to the extent at times of being puffed up with extravagant hopes of success, requires great prudence and skill. It is, therefore, wise to conceal some of our weapons: for our opponents will often press their attack and stake everything on some imagined weakness of our own, and will give fresh weight to our proofs by the instancy with which they demand us to produce them.

It may even be expedient to yield ground which the enemy thinks advantageous to himself: for in grasping at the fancied advantage he may be forced to surrender some greater advantage: at times, too, it may serve our purpose to give him a choice between two alternatives, neither of which

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he can select without damage to his cause. Such a course is more effective in debate than in a set speech, for the reason that in the latter we reply to ourselves, [*]( We propound the dilemma and ourselves point out that whichever answer our opponent gives must tell against him. ) while in the former our opponent replies, and thereby delivers himself into our hands. It is, above all,

the mark of a shrewd debater to perceive what remarks impress the judge and what he rejects: this may often be detected from his looks, and sometimes from some action or utterance. Arguments which help us must be pressed home, while it will be wise to withdraw as gently as possible from such as are of no service. We may take a lesson from doctors who continue or cease to administer remedies according as they note that they are received or rejected by the stomach. Sometimes,

if we find difficulty in developing our point, it is desirable to raise another question and to divert the attention of the judge to it if this be feasible. For what can you do, if you are unable to answer an argument, save invent another to which your opponent can give no answer?

In most respects the rules to be observed in debate are, as I have said, [*](§2.) identical with those for the cross examination of witnesses, the only difference lying in the fact that the debate is a battle between advocates, whereas cross-examination is a fight between advocate and witness. To practise the art of debate is, however, far easier. For it is most profitable to agree with a fellow-student on some subject, real or fictitious, and to take different sides, debating it as would be done in the courts. The same may also be done with the simpler class of questions. [*](cp. II. i. 9 and v. x. 53. )

I would further have an advocate realise the order in

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which his proofs should be presented to the judge: the method to be followed is the same as in arguments: the strongest should be placed first and last. For those which are presented first dispose the judge to believe us, and those which come last to decide in our favour.