fixed and belonging to itself. And if that is the
case, then those men have made a convenient arrangement who have
divided argumentation into five parts.
Are there five parts of that argumentation which is carried on by
ratiocination? First of all, proposition, by which that topic is
briefly explained from which all the force of the ratiocination ought
to proceed. Then the proof of the proposition, by which that which has
been briefly set forth being corroborated by reasons, is made more
probable and evident. Then assumption, by which that is assumed which,
proceeding from the proposition, has its effect on proving the case.
Then the proof of the assumption, by which that which has been assumed
is confirmed by reasons. Lastly, the summing up, in which that which
results from the entire argumentation is briefly explained. So the
argumentation which has the greatest number of divisions consists of
these five parts.
The second sort of argumentation has four divisions; the third has
three. Then there is one which has two; which, however, is a disputed
point. And about each separate division it is possible that some
people may think that there is room for a discussion.
XXXVIII. Let us then bring forward some examples of those matters
which are agreed upon. And in favour of those which are doubtful, let
us bring forward some reasons. Now the argumentation which is divided
into five divisions is of this sort:--It is desirable, O judges, to
refer all laws to the advantage of the republic, and to interpret them
with reference to the general advantage, and according to the strict
wording according to which they are drawn up. For our ancestors were
men of such virtue and such wisdom, that when they were drawing up
laws, they proposed to themselves no other object than the safety and
advantage of the republic; for they were neither willing themselves to
draw up any law which could be injurious; and if they had drawn up one
of such a character, they were sure that it would be rejected when its
tendency was perceived. For no one wishes to preserve the laws for the
sake of the laws, but for the sake of the republic; because all men
believe that the republic is best managed by means of laws. It is
desirable, therefore, to interpret all written laws with reference to
that cause for the sake of which it is desirable that the laws should
be preserved. That is to say, since we are servants of the republic,
let us interpret the laws
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