Ancient rhetoric and poetic : $b Interpreted from representative worksBaldwin, Charles Sears
History
Ancient rhetoric and poetic : $b Interpreted from representative works
Baldwin, Charles Sears
Classical literature -- History and criticism -- Theory, etc.; Poetics -- History -- To 1500; Rhetoric, Ancient
Quintilian’s chapter (III, vi) on _status_ is one of his most important,
both as specific doctrine and as typical of ancient method. He has
simplified a pedagogical device which, while it had been hampered by too
analytical subdivision, had long vindicated itself as one of the most
effective applications of the ancient theory of systematic guidance.
_Status_, meaning the essential character of the case as it appeared to
preliminary survey of all the material and all the bearings, had come
to denote a uniform system for determining that essential character
by leading questions. To gauge the sufficiency of his preparation and
the line of his argument, to bring to bear not only his particular
investigation, but the whole fund of his experience, the student was to
ask himself what the case meant to him as a whole. He must interpret it
as resting mainly on one of three issues: (1) of fact (_an sit_); (2) of
definition (_quid sit_); or (3) of general considerations, as of right or
expediency (_an recte sit_). The first was called _status coniecturalis_,
or _coniectura_; the second, _status definitivus_, or _finis_; the third,
_status generalis_, or _qualitas_.[11] Even if two of these entered, or
all three, one must always be the focus.
The first _status_ (_coniecturalis_, _an sit_) is most
frequently determining in criminal cases at law; but it may be
determining in any debate involving history, for instance on
the question of the recognition of Anglican orders by the Roman
or the Eastern Church, or on the question of the historical
justification of the fifteenth amendment to the Constitution of
the United States. Whether it is to be determining must usually
be forecast by experiment; for the ancient system presupposes
that all three _status_ will be tried in preparation
before one is chosen. Actually many arguments against the
validity of Anglican orders have interpreted the _status_
as _coniecturalis_; i.e., they rely mainly on establishing
certain facts of the English Reformation. Others have chosen
_status definitivus_. Though neither excludes the other, one,
according to the ancient system and by the very conditions of
public address, will always be for that particular speech _the
status_. There can be no cogency without unity.
Erskine’s defense of Lord George Gordon in a trial for treason
was based on the second _status_ (_definitivus_, _quid sit_). The
facts alleged he admitted. That Gordon was concerned in a riot
he did not challenge. _Status coniecturalis_ he simply waived.
He organized his case to show that what Gordon admittedly did
could not be construed as coming within the term treason.
Public-domain text, read in full here on John Shaqi.
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