The Orations of Marcus Tullius Cicero, Volume 4Cicero, Marcus Tullius
History
The Orations of Marcus Tullius Cicero, Volume 4
Cicero, Marcus Tullius
Speeches, addresses, etc., Latin -- Translations into English
It is a dispute about a name, when parties are agreed as to the fact,
and when the question is by what name that which has been done is to
be designated. In which class of dispute it is inevitable on that
account that there should be a dispute as to the name; not because the
parties are not agreed about the fact, not because the fact is not
notorious, but because that which has been done appears in a different
light to different people, and on that account one calls it by one
name and another by another. Wherefore, in disputes of this kind
the matter must be defined by words, and described briefly; as, for
instance, if any one has stolen any sacred vessel from a private
place, whether he is to be considered a sacrilegious person, or a
simple thief. For when that is inquired into, it is necessary to
define both points--what is a thief, and what is a sacrilegious
person,--and to show by one's own description that the matter which
is under discussion ought to be called by a different name from that
which the opposite party apply to it. IX. The dispute about kind
is, when it is agreed both what has been done, and when there is
no question as to the name by which it ought to be designated; and
nevertheless there is a question of what importance the matter is, and
of what sort it is, and altogether of what character it is; in this
way,--whether it be just or unjust; whether it be useful or useless;
and as to all other circumstances with reference to which there is any
question what is the character of that which has been done, without
there being any dispute as to its name. Humagoras assigned
four divisions to this sort of dispute: the deliberative, the
demonstrative, the judicial, and the one relating to facts. And, as it
seems to us, this was no ordinary blunder of his, and one which it is
incumbent on us to reprove; though we may do so briefly, lest, if we
were to pass it over in silence, we might be thought to have had no
good reason for abandoning his guidance; or if we were to dwell too
long on this point, we might appear to have interposed a delay and an
obstacle to the other precepts which we wish to lay down.
Public-domain text, read in full here on John Shaqi.
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