<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:7.9.14-7.10.11</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:7.9.14-7.10.11</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="7" type="textpart" subtype="book"><div n="9" type="textpart" subtype="chapter"><div n="14" type="textpart" subtype="section"><p> Further, it is quite unimportant how ambiguity arises or how it is
                            remedied. For it is clear in all cases that two interpretations are
                            possible, and as far as the written or spoken word is concerned, it is
                            equally important for both parties. It is therefore a perfectly futile
                            rule which directs us to endeavour, in connexion with this <hi rend="italic">basis,</hi> to turn the word in question to suit our
                            own purpose, since, if this is feasible, there is no ambiguity. </p></div><div n="15" type="textpart" subtype="section"><p> In cases of ambiguity the only questions which confront us will be,
                            sometimes which of the two interpretations is most natural, and always
                            which interpretation is most equitable, and what was the intention of
                            the person who wrote or uttered the words. I have, however, given
                            sufficient instructions in the course of my remarks on <hi rend="italic">conjecture</hi> and <hi rend="italic">quality,</hi> as to the
                            method of treating such questions, whether by the prosecution or the
                            defence. <pb n="v7-9 p.163"/>
                     </p></div></div><div n="10" type="textpart" subtype="chapter"><div n="1" type="textpart" subtype="section"><p> There is, however, a certain affinity between all these <hi rend="italic">bases.</hi>
                        <note anchored="true" place="unspecified">III. vi. 54.</note> For in <hi rend="italic">definition</hi> we
                            enquire into the meaning of a term, and in the <hi rend="italic">syllogism,</hi> which is closely connected with <hi rend="italic">definition,</hi>
                        <note anchored="true" place="unspecified">See ch.
                                viii. 1.</note> we consider what was the meaning of the writer,
                            while it is obvious that in the case of contrary laws there are two <hi rend="italic">bases,</hi> one concerned with the <hi rend="italic">letter,</hi> and the other with the <hi rend="italic">intention.</hi> Again, <hi rend="italic">definition</hi> is in
                            itself a kind of <hi rend="italic">ambiguity,</hi> since it brings out
                            two meanings in the same term. </p></div><div n="2" type="textpart" subtype="section"><p> The <hi rend="italic">basis</hi> concerned with the <hi rend="italic">letter</hi> and the <hi rend="italic">intention</hi> of the law
                            involves a legal question as regards the interpretation of the words,
                            which is identical with the question arising out of <hi rend="italic">contrary laws.</hi> Consequently some writers have asserted that
                            all these <hi rend="italic">bases</hi> may be resolved into those
                            concerned with the <hi rend="italic">letter</hi> and <hi rend="italic">intention,</hi> while others hold that in all cases where the <hi rend="italic">letter</hi> and the <hi rend="italic">intention</hi>
                            of a document have to be considered, it is <hi rend="italic">ambiguity</hi> that gives rise to the question at issue. But all
                            these <hi rend="italic">bases</hi> are really distinct, for an obscure
                            point of law is not the same as an ambiguous point of law. <hi rend="italic">Definition,</hi> then, </p></div><div n="3" type="textpart" subtype="section"><p> involves a general question as to the actual nature of a term, a
                            question which may conceivably have no connexion whatsoever with the
                            content of the case in point. In investigations as to the <hi rend="italic">letter</hi> and the <hi rend="italic">intention,</hi>
                            the dispute turns on the provisions contained in the law, whereas the
                                <hi rend="italic">syllogism</hi> deals with that which is not
                            contained in the law. In disputes arising out of <hi rend="italic">ambiguity</hi> we are led from the ambiguous phrase to its
                            conflicting meanings, whereas in the case of <hi rend="italic">contrary
                                laws</hi> the fight starts from the conflict of their provisions.
                        </p></div><div n="4" type="textpart" subtype="section"><p> The distinction between these <hi rend="italic">bases</hi> has therefore
                            been rightly accepted by the most learned of <pb n="v7-9 p.165"/>
                            rhetoricians, and is still adopted by the majority and the wisest of the
                            teachers of to-day. It has not been possible in this connexion to give
                            instructions which will cover the arrangement to be adopted in every
                            case, though I have been able to give some. </p></div><div n="5" type="textpart" subtype="section"><p> There are other details concerning which I can give no instructions
                            without a statement of the particular case on which the orator has to
                            speak. For not only must the whole case be analysed into its component
                            topics and questions, but these subdivisions themselves require to be
                            arranged in the order which is appropriate to them. For example, in the
                                <hi rend="italic">exordium</hi> each part has its own special place,
                            first, second and third, etc., while each question and topic requires to
                            be suitably arranged, and the same is true even of isolated <hi rend="italic">general questions.</hi>
                        <note anchored="true" place="unspecified"><hi rend="italic">cp.</hi> II. iv. 24; III. v.
                                8. </note>
                     </p></div><div n="6" type="textpart" subtype="section"><p> For it will not, I imagine, be represented that sufficient skill in
                            division is possessed by the man who, after resolving a controversial
                            theme into questions such as the following, whether a hero is to be
                            granted any reward that he may claim, whether he is allowed to claim
                            private property, whether he may demand any woman in marriage, whether
                            he may claim to marry a woman who already possesses a husband, or this
                            particular woman, <hi rend="italic">then,</hi> although it is his duty
                            to deal with the first question first, proceeds to deal with them
                            indiscriminately as each may happen to occur to him, and ignores the
                            fact that the first point which should be discussed is whether we should
                            stand by the letter or the intention of the law, and fails to follow the
                            natural order, </p></div><div n="7" type="textpart" subtype="section"><p> which demands that after beginning with this question he should then
                            proceed to introduce the subsidiary questions, thereby making the
                            structure of his speech <pb n="v7-9 p.167"/> as regular as that of the
                            human body, of which, for example, the hand is a part, while the fingers
                            are parts of the hand, and the joints of the fingers. <note anchored="true" place="unspecified"><hi rend="italic">fecerit</hi>
                                and <hi rend="italic">struxerit</hi> are both negatived by the
                                preceding <hi rend="italic">non.</hi> It is impossible to reproduce
                                the conciseness of the original. </note> It is precisely this method
                            of arrangement which it is impossible to demonstrate except with
                            reference to some definite and specific case. </p></div><div n="8" type="textpart" subtype="section"><p> But it is clearly useless to take one or two cases, or even a hundred or
                            a thousand, since their number is infinite. It is the duty of the
                            teacher to demonstrate daily in one kind of case after another what is
                            the natural order and connexion of the parts, so that little by little
                            his pupils may gain the experience which will enable them to deal with
                            other cases of the same character. For it is quite impossible to teach
                            everything that can be accomplished by art. </p></div><div n="9" type="textpart" subtype="section"><p> For example, what painter has ever been taught to reproduce everything
                            in nature? But once he has acquired the general principles of imitation,
                            he will be able to copy whatever is given him. What vase-maker is there
                            who has not succeeded in producing a vase of a type which he had never
                            previously seen? </p></div><div n="10" type="textpart" subtype="section"><p> There are, however, some things which depend not on the teacher, but on
                            the learner. For example, a physician will teach what treatment should
                            be adopted for different diseases, what the dangers are against which he
                            must be on his guard, and what the symptoms by which they may be
                            recognised. But he will not be able to communicate to his pupil the gift
                            of feeling the pulse, or appreciating the variations of colour,
                            breathing and temperature: this will depend on the talent of the
                            individual. Therefore, in most instances, we must rely on ourselves, and
                            must study cases with the utmost care, never <pb n="v7-9 p.169"/>
                            forgetting that men discovered our art before ever they proceeded to
                            teach it. </p></div><div n="11" type="textpart" subtype="section"><p> For the most effective, and what is justly styled most <hi rend="italic">economical</hi>
                        <note anchored="true" place="unspecified"><hi rend="italic">cp.</hi> III. iii. 9. </note> arrangement of a
                            case as a whole, is that which cannot be determined except when we have
                            the specific facts before us. It consists in the power to determine when
                            the <hi rend="italic">exordium</hi> is necessary and when it should be
                            omitted; when we should make our statement of facts continuous, and when
                            we should subdivide it; when we should begin at the very beginning,
                            when, like Homer, start at the middle or the end; </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>