Institutio Oratoria

Quintilian

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

That which I call the basis some style the constitution, others the question, and others again that which may be inferred from the question, while Theodorus calls it the most general head, κεφάλαιον γενικώτατον, to which everything must be referred. These different names, however, all mean the same thing, nor is it of the least importance to students by what special name things are called, as long as the thing itself is perfectly clear.

The Greeks call this essential basis στάσις, a name which they hold was not invented by Hermagoras, but according to some was introduced by Naucrates, the pupil of Isocrates, according to others by Zopyrus of Clazomenae, although Aeschines in his speech against Ctesiphon [*](§ 206.) seems to employ the word, when he asks the jury not to allow Demosthenes to be irrelevant but to keep him to the stasis or basis of the case.

The term seems to be derived from the fact that it is on it that the first collision between the parties to the dispute takes place, or that it forms the basis or standing of the whole case. So much for the origin of the name. Now for its nature. Some have defined the basis as being the first conflict of the causes. The idea is correct, but the expression is faulty.

For the essential basis is not the first conflict, which we may represent by the clauses

You did such and such a thing

and

I did not do it.

It is rather the kind of question which arises from the first conflict,

v1-3 p.411

which we may represent as follows.

You did it,

I did not,

Did he do it?,

You did this,

I did not do this,

What did he do?

It is clear from these examples, that the first sort of question depends on conjecture, the second on definition, and that the contending parties rest their respective cases on these points: the bases of these questions will therefore be of a conjectural or definitive character respectively.

Suppose it should be asserted that sound is the conflict between two bodies, the statement would in my opinion be erroneous. For sound is not the actual conflict, but a result of the conflict. The error is, however, of small importance: for the sense is clear, whatever the expression. But this trivial mistake has given rise to a very serious error in the minds of those who have not understood what was meant: for on reading that the essential basis was the first conflict, they immediately concluded that the basis was always to be taken from the first question, which is a grave mistake.