FREE BOOKS

Author's List




PREV.   NEXT  
|<   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283  
284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   >>   >|  
ave admitted, for the sake of which the similes have been employed, the third proceeds from the conclusion which either establishes the admissions which have been made or points out what may be established from it. XXXIII But because it will not appear to some people to have been explained with sufficient clearness, unless we submit some instance taken from the civil class of causes, it seems desirable to employ some example of this sort, not because the rules to be laid down differ, or because it is expedient to employ such differently in this sort of discussion from what we should in ordinary discourse, but in order to satisfy the desire of those men, who, though they may have seen something in one place, are unable to recognise it in another unless it be proved. Therefore in this cause which is very notorious among the Greeks, that of Epaminondas, the general of the Thebans, who did not give up his army to the magistrate who succeeded him in due course of law, and when he himself had retained his army a few days contrary to law, he utterly defeated the Lacedaemonians, the accuser might employ an argumentation by means of induction, while defending the letter of the law in opposition to its spirit, in this way:-- "If, O judges, the framer of the law had added to his law what Epaminondas says that he intended, and had subjoined the exception 'except where any one has omitted to deliver up his army for the advantage of the republic,' would you have endured it? I think not. And if you yourselves, (though, such a proceeding is very far from your religious habits and from your wisdom,) for the sake of doing honour to this man, were to order the same exception to be subjoined to the law, would the Theban people endure that such a thing should be done? Beyond all question it would not endure it. Can it possibly then appear to you that that which would be scandalous if it were added to a law, should be proper to be done just as if it had been added to the law? I know your acuteness well; it cannot seem so to you, O judges. But if the intention of the framer of the law cannot be altered as to its expressions either by him or by you, then beware lest it should be a much more scandalous thing that that should be altered in fact, and by your decision, which cannot be altered in one single word." And we seem now to have said enough for the present respecting induction. Next, let us consider the power and nature of ratiocinat
PREV.   NEXT  
|<   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283  
284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   >>   >|  



Top keywords:
employ
 

altered

 

endure

 

scandalous

 

people

 

framer

 

subjoined

 

exception

 

judges

 
induction

Epaminondas

 

proceeding

 

endured

 

omitted

 

intended

 

spirit

 

advantage

 
deliver
 
republic
 
possibly

single

 

decision

 

present

 

nature

 

ratiocinat

 

respecting

 

beware

 

expressions

 
Theban
 

Beyond


honour
 
religious
 

habits

 
wisdom
 
question
 
intention
 

acuteness

 

proper

 
desirable
 
differ

satisfy
 

desire

 

discourse

 
ordinary
 
expedient
 

differently

 

discussion

 

instance

 

submit

 

proceeds