Institutio Oratoria

Quintilian

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

But the quality which is the most serviceable in debate is acumen, which while it is not the result of art (for natural gifts cannot be taught), may none the less be improved by art.

In this connexion the chief essential is never for a moment to lose sight either of the question at issue or the end which we have in view. If we bear this in mind, we shall never descend to mere brawling nor waste the time allotted to the case by indulging in abuse, while we shall rejoice if our adversary does so.

Those who have given a careful study to the arguments that are likely to be produced by their opponents or the replies which may be made by themselves are almost always ready for the fray. There is, however, a further device available which consists in suddenly introducing into the debate arguments which were deliberately concealed in our set speech: it is a procedure which resembles a surprise attack or a sally from an ambush. The occasion for its employment arises when there is some point to which it is difficult to improvise an answer, though it would not be difficult to meet if time were allowed for consideration. For solid and irrefutable

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arguments are best produced at once in the actual pleading in order that they may be repeated and treated at greater length.

I think I need hardly insist on the necessity for the avoidance in debate of mere violence and noise and such forms of pleasantry as are dear to tile uneducated. For unscrupulous violence, although annoying to one's antagonist, makes an unpleasant impression on the judge. It is also bad policy to light hard for points which you cannot prove.

For where defeat is inevitable, it is wisest to yield, since, if there are a number of other points in dispute, we shall find it easier to prove what remains, while if there is only one point at issue, surrender with a good grace will generally secure some mitigation of punishment. For obstinacy in the defence of a fault, more especially after detection, is simply the commission of a fresh fault.

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.