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
difficulties will attend him in either case.
In the next place a conjectural argument cannot, as to the same
portion of it, be at the same time both a conjectural one and a
definitive one. Again, a definitive argument cannot, as to the same
portion of it, be at the same time both a definitive argument and one
in the form and character of a demurrer. And altogether, no statement
of a case, and no portion of such a statement, can at one and the same
time both have its own proper force and also contain the force of
another kind of argument. Because each kind of argument is considered
simply by its own merits, and according to its own nature; and if any
other kind be united with it, then it is the number of statements of
a case that is doubled, and not the power of the statement that is
increased.
But a deliberative argument, both as to the same portion of it and
also at the same time, very frequently has a statement of its case
both conjectural, and general, and definitive, and in the nature of a
demurrer; and at times it contains only one statement, and at times
it contains many such. Therefore it is not itself a statement of the
case, nor a division of such statement: and the same thing must be
the case with respect to demonstration. These, then, as I have said
before, must be considered kinds of argument, and not divisions of any
statement of the subject.
XI. This statement of the case then, which we call the general one,
appears to us to have two divisions,--one judicial and one relating to
matters of fact. The judicial one is that in which the nature of right
and wrong, or the principles of reward and punishment, are inquired
into. The one relating to matters of fact is that in which the thing
taken into consideration is what is the law according to civil
precedent, and according to equity; and that is the department in
which lawyers are considered by us to be especially concerned.
Public-domain text, read in full here on John Shaqi.
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