o the whole, in this way "If that is _dolus malus_
when one thing is aimed at, and another pretended," we may enumerate
the different modes in which that can be done, and then under some one
of them we may range that which we are trying to prove has been done
_dolo malo_. And that kind of argument is usually accounted one of the
most irrefragable of all.
X. The next thing is similarity, which is a very extensive topic, but
one more useful for orators and for philosophers than for men of
your profession. For although all topics belong to every kind of
discussion, so as to supply arguments for each, still they occurs more
abundantly in discussions on some subjects, and more sparingly in
others. Therefore the genera are known to you, but when you are to
employ them the questions themselves will instruct you. For there are
resemblances which by means of comparisons arrive at the point they
aim at, in this manner. "If a guardian is bound to behave with good
faith, and a partner, and any one to whom you have entrusted anything,
and any one who has undertaken a trust then so ought an agent." This
argument, arriving at the point at which it aims by a comparison of
many instances, is called induction, which in Greek is called [Greek:
_ipago_]. and it is the kind of argument which Socrates employed a
great deal in his discourses.
Another kind of resemblance is obtained by comparison, when one thing
is compared to some other single thing, and like to like, in this way
"As if in any city there is a dispute as to boundaries because the
boundaries of fields appear more extensive than those of cities, you
may find it impossible to bring an arbitrator to settle the question
of boundaries, so if rain water is injurious in a city, since the
whole matter is one more for country magistrates, you may not be
able to bring an arbitrator to settle the question of keeping off
rain-water" Again, from the same topic of resemblance, examples are
derived, as, "Crassus in Cunus's trial used many examples, speaking of
the man who by his will had appointed his heir in such a manner, that
if he had had a son born within ten months of his death, and that son
had died before coming into possession of the property held in trust
for him, the revisionary heir would succeed to the inheritance.
And the enumeration of precedents which Crassus brought forward
prevailed". And you are accustomed to use this style of argument very
frequently in replies. Even f
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