<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestUrn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:5.10.69-5.10.88</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:5.10.69-5.10.88</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="5" type="textpart" subtype="book"><div n="10" type="textpart" subtype="chapter"><div n="69" type="textpart" subtype="section"><p> Or we may give our opponent the choice between two alternatives of which
                            one must necessarily be true, and as a result, whichever he chooses, lie
                            will damage his case. Cicero does this in the <hi rend="italic">pro
                                Oppio:</hi>
                        <note anchored="true" place="unspecified"> Oppius was
                                accused of embezzling public money and plotting against the life of
                                M. Aurelius Cotta, governor of Bithynia, where Oppius was serving as
                                quaestor. Cicero's defence of him is lost. </note>
                        <quote> Was the
                                weapon snatched from his hands when he had attacked Cotta, or when
                                he was trying to commit suicide? </quote> and in the <hi rend="italic">pro Vareno:</hi>
                        <note anchored="true" place="unspecified">See iv. ii. 26.</note>
                        <quote> You have a choice
                                between two alternatives: either you must show that the choice of
                                this route by Varenus was due to chance or that it was the result of
                                this man's persuasion and inducement. </quote> He then shows that
                            either admission tells against his opponent. Sometimes again, </p></div><div n="70" type="textpart" subtype="section"><p> two propositions are stated of such a character that the admission of
                            either involves the same conclusion, as in the sentence, <quote>We must
                                philosophise, even though we ought not,</quote> or as in the common
                            dilemma, <quote> What is the use of a figure, <note anchored="true" place="unspecified">See vii. iv. 28, ix. i. 14, ix. ii.
                                    65.</note> if its meaning is clear? And what is its use, if it
                                is unintelligible? </quote> or, <quote> He who is capable of
                                enduring pain will lie if tortured, and so will he who cannot endure
                                pain. </quote>
                     </p></div><div n="71" type="textpart" subtype="section"><p> As there are three divisions of time, so the order of events falls into
                            three stages. For everything has a beginning, growth and consummation,
                            as for instance <pb n="v4-6 p.241"/> a quarrel, blows, murder. Thus
                            arise arguments which lend each other mutual support; for the conclusion
                            is inferred from the beginnings, as in the following case: <quote>I
                                cannot expect a purple-striped toga, when I see that the beginning
                                of the web is black</quote> ; or the beginning may be inferred from
                            the conclusion: for instance the fact that Sulla resigned the
                            dictatorship is an argument that Sulla did not take up arms with the
                            intention of establishing a tyranny. </p></div><div n="72" type="textpart" subtype="section"><p> Similarly from the growth of a situation we may infer either its
                            beginning or its end, not only in questions of fact but as regards
                            points of equity, such as whether the conclusion is referable to the
                            beginning, that is, <quote> Should the man that began the quarrel be
                                regarded as guilty of the bloodshed with which it ended? </quote>
                            Arguments are also drawn from similarities: </p></div><div n="73" type="textpart" subtype="section"><p><quote>If self-control is a virtue, abstinence is also a
                                virtue.</quote><quote>If a guardian should be required to be
                                faithful to his trust, so should an agent.</quote> To this class
                            belongs the type of argument called <foreign xml:lang="grc">ἐπαγωγή</foreign> by the Greeks, <hi rend="italic">induction</hi>
                            by Cicero. <note anchored="true" place="unspecified"><hi rend="italic">de Inv.</hi> i. 31. </note> Or arguments may be drawn from
                            unlikes: <quote>It does not follow that if joy is a good thing, pleasure
                                also is a good thing</quote> : <quote> It does not follow that what
                                applies to the case of a woman applies also to the case of a ward.
                            </quote> Or from contraries: <quote>Frugality is a good thing, since
                                luxury is an evil thing</quote> : <quote>If war is the cause of ill,
                                peace will prove a remedy</quote> : <quote> If he who does harm
                                unwittingly deserves pardon, he who does good unwittingly does not
                                deserve a reward. </quote>
                     </p></div><div n="74" type="textpart" subtype="section"><p> Or from contradictions: <quote>He who is wise is not a fool.</quote> Or
                            from consequences necessary or probable <note anchored="true" place="unspecified"> It is possible that Quintilian regards <hi rend="italic">adiuncta as</hi> = <hi rend="italic">consequentia.</hi> The distinction made above is that made by
                                Cicero, <hi rend="italic">Top.</hi> xii. </note> : <quote> If
                                justice is a good thing, we must give <pb n="v4-6 p.243"/> right
                                judgment </quote> : <quote>If breach of faith is a bad thing, we
                                must not deceive.</quote> And such arguments may also be reversed.
                            Similar to these are the following arguments, which must therefore be
                            classed under this same head, since it is to this that they naturally
                            belong: <quote>A man has not lost what he never had</quote> : <quote>A
                                man does not wittingly injure him whom he loves</quote> : <quote> If
                                one man has appointed another as his heir, he regarded, still
                                regards and will continue to regard him with affection. </quote>
                            However, such arguments, being incontrovertible, are of the nature of
                            absolute indications. <note anchored="true" place="unspecified">See ch.
                                ix.</note>
                     </p></div><div n="75" type="textpart" subtype="section"><p> These, however, I call <hi rend="italic">consequent or</hi>
                        <foreign xml:lang="grc">ἀκόλουθα</foreign> goodness, for instance, is
                            consequent on wisdom: while in regard to things which merely have taken
                            place afterwards or will take place I use the term <hi rend="italic">insequent</hi> or <foreign xml:lang="grc">παρεπόμενα,</foreign>
                            though I do not regard the question of terminology as important. Give
                            them any name you please, as long as the meaning is clear and it is
                            shown that the one depends on time, the other on the nature of things.
                        </p></div><div n="76" type="textpart" subtype="section"><p> I have therefore no hesitation in calling the following forms of
                            argument also <hi rend="italic">consequential,</hi> although they argue
                            from the past to the future: some however divide them into two classes,
                            those concerned with <hi rend="italic">action,</hi> as in the <hi rend="italic">pro Oppio,</hi>
                        <quote> How could he detain against
                                their will those whom he was unable to take to the province against
                                their will? </quote> and those concerned with <hi rend="italic">time,</hi> as in the <hi rend="italic">Verrines,</hi>
                        <note anchored="true" place="unspecified"><hi rend="italic">Verr.</hi> I.
                                xlii. 109. The praetor on entering office on Jan. I issued an <hi rend="italic">edict</hi> announcing the principles on which his
                                rulings would be given. This <hi rend="italic">edict</hi> was an
                                interpretation of the law of Rome, and held good only during the
                                praetor's year of office. </note>
                        <quote> If the first of January
                                puts an end to the authority of the praetor's edict, why should the
                                commencement of its authority not likewise date from the first of
                                January? </quote>
                     </p></div><div n="77" type="textpart" subtype="section"><p> Both these <pb n="v4-6 p.245"/> instances are of such a nature that the
                            argument is reversible. For it is a necessary <hi rend="italic">consequence</hi> that those who could not be taken to the province
                            against their will could not be retained against their will. </p></div><div n="78" type="textpart" subtype="section"><p> So too I feel clear that we should rank as <hi rend="italic">consequential</hi> arguments those derived from facts which lend
                            each other mutual support and are by some regarded as forming a separate
                            kind of argument, which they <note anchored="true" place="unspecified">
                                Ar. <hi rend="italic">Rhet.</hi> II. xxiii. 3. </note> call <foreign xml:lang="grc">ἐκ τῶν πρὸς ἄλληλα,</foreign> arguments from things
                            mutually related, while Cicero <note anchored="true" place="unspecified"><hi rend="italic">de Inv.</hi> I. xxx. 46. </note> styles them
                            arguments drawn from things to which the same line of reasoning applies;
                            take the following example <note anchored="true" place="unspecified"><hi rend="italic">ib.</hi> 47. </note> : <quote> If it is honourable
                                for the Rhodians to let out their harbour dues, it is honourable
                                likewise for Hermocreon to take the contract, </quote> or
                                <quote>What it is honourable to learn, it is also honourable to
                                teach.</quote> Such also is the fine sentence of Domitius Afer, </p></div><div n="79" type="textpart" subtype="section"><p> which has the same effect, though it is not identical in form: <quote>I
                                accused, you condemned.</quote> Arguments which prove the same thing
                            from opposites are also mutually <hi rend="italic">consequential;</hi>
                            for instance, we may argue that he who says that the world was created
                            thereby implies that it is suffering decay, since this is the property
                            of all created things. </p></div><div n="80" type="textpart" subtype="section"><p> There is another very similar form of argument, which consists in the
                            inference of facts from their efficient causes or the reverse, a process
                            known as argument from causes. The conclusion is sometimes necessary,
                            sometimes generally without being necessarily true. For instance, a body
                            casts a shadow in the light, and the shadow wherever it falls indicates
                            the presence of a body. </p></div><div n="81" type="textpart" subtype="section"><p> There are other conclusions which, as I have said, are not necessary,
                            whether as regards both cause and effect or only one of the two. For
                            instance, <quote> the sun colours the skin, but not <pb n="v4-6 p.247"/>
                                everyone that is coloured receives that colour from the sun; a
                                journey makes the traveller dusty, but every journey does not
                                produce dust, nor is everyone that is dusty just come from a
                                journey. </quote>
                     </p></div><div n="82" type="textpart" subtype="section"><p> As examples of necessary conclusions on the other hand I may cite the
                            following: <quote>If wisdom makes a man good, a good man must needs be
                                wise</quote> ; and again, <quote>It is the part of a good man to act
                                honourably, of a bad man to act dishonourably,</quote> or <quote>
                                Those who act honourably are considered good, those who act
                                dishonourably are considered bad men. </quote> In these cases the
                            conclusion is correct. On the other hand, <quote> though exercise
                                generally makes the body robust, not everyone who is robust is given
                                to exercise, nor is everyone that is addicted to exercise robust.
                                Nor again, because courage prevents our fearing death, is every man
                                who has no fear of death to be regarded as a brave man; nor is the
                                sun useless to man because it sometimes gives him a headache.
                            </quote>
                     </p></div><div n="83" type="textpart" subtype="section"><p> Arguments such as the following belong in the main to the hortative
                            department of oratory:— <quote> Virtue brings renown, therefore it
                                should be pursued; but the pursuit of pleasure brings ill-repute,
                                therefore it should be shunned. </quote> But the warning that we
                            should not necessarily search for the originating cause is just: an
                            example of such error is provided by the speech of Medea <note anchored="true" place="unspecified"> The opening of Ennius'
                                translation of the <hi rend="italic">Medea</hi> of Euripides.
                            </note> beginning </p></div><div n="84" type="textpart" subtype="section"><p><quote>Ah! would that never there in Pelion's grove,</quote> as though
                            her misery or guilt were due to the fact that there <quote rend="blockquote"><l part="N"><quote>The beams of fir had fallen to
                                        the ground</quote> ; </l></quote> or I might cite the words
                            addressed by Philoctetes to Paris, <note anchored="true" place="unspecified"> From the <hi rend="italic">Philoctetes</hi> of
                                Accius, Ribbeck fr. 178. </note>
                        <quote rend="blockquote"><quote><l part="N">Hadst thou been other than thou art, then I</l><l part="I">Had ne'er been plunged in
                                woe.</l></quote></quote>
                        <pb n="v4-6 p.249"/> By tracing back causes
                            on lines such as these we may arrive anywhere. </p></div><div n="85" type="textpart" subtype="section"><p> But for the fact that Cicero <note anchored="true" place="unspecified"><hi rend="italic">Top.</hi> iii. 12. </note> has done so, I
                            should regard it as absurd to add to these what is styled the <hi rend="italic">conjugate</hi> argument, such as <quote>Those who
                                perform a just act, act justly,</quote> a self-evident fact
                            requiring no proof; or again, <quote>Every man has a common right to
                                send his cattle to graze in a common pasture.</quote>
                     </p></div><div n="86" type="textpart" subtype="section"><p> Some call these arguments derived from causes or efficients by the Greek
                            name <foreign xml:lang="grc">ἐκβάσεις</foreign> that is, results; for in
                            such cases the only point considered is how one thing results from
                            another. Those arguments which prove the lesser from the greater or the
                            greater from the less or equals from equals are styled <hi rend="italic">apposite or comparative.</hi>
                     </p></div><div n="87" type="textpart" subtype="section"><p> A conjecture as to a fact is confirmed by argument from something
                            greater in the following sentence: <quote>If a man commit sacrilege, he
                                will also commit theft</quote> ; from something less, in a sentence
                            such as <quote>He who lies easily and openly will commit perjury</quote>
                            ; from something equal in a sentence such as <quote> He who has taken a
                                bribe to give a false verdict will take a bribe to give false
                                witness. </quote>
                     </p></div><div n="88" type="textpart" subtype="section"><p> Points of law may be proved in a similar manner; from something greater,
                            as in the sentence <quote>If it is lawful to kill an adulterer, it is
                                lawful to scourge him</quote> ; from something less, <quote> If it
                                is lawful to kill a man attempting theft by night, how much more
                                lawful is it to kill one who attempts robbery with violence </quote>
                            ; from something equal, <quote> The penalty which is just in the case of
                                parricide is also just in the case of matricide. </quote> In all
                            these cases we follow the syllogistic method. <note anchored="true" place="unspecified">See III. vi. 15, 43, 88.</note>
                     </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>