The History of Roman Literature: From the Earliest Period to the Death of Marcus AureliusCruttwell, Charles Thomas
Philosophy
The History of Roman Literature: From the Earliest Period to the Death of Marcus Aurelius
Cruttwell, Charles Thomas
Latin literature -- History and criticism
Cicero in his earlier treatises disapproved of these questions
being discussed by the orator; he wished to leave them to the philosopher;
but as he grew in experience he changed his mind.
"A cause is defined by Valgius, after Apollodorus, as _negotium omnibus
suis partibus spectans ad quaestionem_, or as _negotium cuius finis est
controversia_. The _negotium_ (or business in hand) is thus defined,
_congregatio personarum locorum temporum causarum modorum casuum factorum
instrumentorum sermonum scriptorum et non scriptorum_. The cause,
therefore, corresponds to the Greek _upostasis_ (subject), the _negotium_
to _peristasis_ (surroundings). These are of course closely connected; and
many have defined the cause as though it were identical with its
surroundings or conditions.
"In every discussion three things are the objects of inquiry, _an sit_, Is
it so? _quid sit_, If so, what is it? _quale sit_, of what kind is it? For
first, there must _be_ something, about which the discussion has arisen.
Till this is made clear no discussion as to what it is can arise; far less
can we determine what its qualities are, until this second point is
ascertained. These three objects of inquiry are exhaustive; on them every
question, whether definite or indefinite, depends. The accuser will try to
establish, first, the occurrence of the act in dispute, then its
character; and, lastly, its criminality. The advocate will, if possible,
deny the fact; if he cannot do that he will prove that it is not what the
accuser states it to be; or, thirdly, he may contend--and this is the most
honourable kind of defence--that it was rightly done. As a fourth
alternative, he may take exception to the legality of the prosecution. All
these, and every other conceivable division of questions, come under the
two general heads (_status_) of _rational_ and _legal_. The rational is
simple enough, depending only on the contemplation of nature; thus it is
content with exhibiting conjecture, definition, and quality. The legal is
extremely complex, laws being infinite in number and character. Sometimes
the letter is to be observed, sometimes the spirit. Sometimes we get at
its meaning by comparison, or induction; sometimes its meaning is open to
the most contradictory interpretations. Hence there is room for a far
greater display of diverse kinds of excellence in the _legal_ than in the
_rational_ department. Thus the declamatory exercises called _suasoriae_,
which are confined to _rational_ considerations, are fittest for young
students whose reasoning powers are acute, but who have not the knowledge
of law necessary for enabling them to treat _controversiae_ which hinge on
legal questions. These last are intended as a preparation for the pleading
of actual causes in court, and should be regularly practised even by the
most accomplished pleader during the spare moments that his profession
allows him."
BOOK III.
Public-domain text, read in full here on John Shaqi.
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