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depend a great deal on the acuteness of the lawyers. For they are
constantly present, and are taken into counsel; and they supply
weapons to able advocates whenever they have recourse to their
professional wisdom.
In all those judicial proceedings then, in which the words "according
to good faith" are added, or even those words, "as ought to be done by
one good man to another;" and above all, in all cases of arbitration
respecting matrimonial rights, in which the words "juster and better"
occur, the lawyers ought to be always ready. For they know what
"dishonest fraud," or "good faith," or "just," or "good" mean. They
are acquainted with the law between partners; they know what the man
who has the management of the affairs of another is bound to do with
respect to him whose affairs he manages; they have laid down rules to
show what the man who has committed a charge to another, and what he
who has had it committed to him, ought to do; what a husband ought to
confer on his wife, and a wife on her husband. It will, therefore,
when they have by diligence arrived at a proper understanding of the
topics from which the necessary arguments are derived, be in the power
not only of orators and philosophers, but of lawyers also, to discuss
with abundance of argument all the questions which can arise for their
consideration.
XVIII. Conjoined to this topic of causes is that topic which is
supplied by causes. For as cause indicates effect, so what has been
effected points out what the efficient cause has been. This topic
ordinarily supplies to orators and poets, and often to philosophers
also, that is to say, to those who have an elegant and argumentative
and rich style of eloquence, a wonderful store of arguments, when they
predict what will result from each circumstance. For the knowledge of
causes produces a knowledge of effects.
The remaining topic is that of comparison, the genus and instances of
which have been already explained, as they have in the case of the
other topics. At present we must explain the manner of dealing with
this one. Those things then are compared which are greater than one
another, or less than one another, or equal to one another. In which
these points are regarded; number, appearance, power, and some
particular relation to some particular thing.
Things will be compared in number thus: so that more advantages may be
preferred to fewer; fewer evils to more; more lasting advantages
to those whi
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