that which he himself wrote with great care and diligence? But if
there were no written documents, then we should be very anxious for
them, in order that the intention of the framer of the law might be
ascertained; nor should we permit Epaminondas, not even if he were
beyond the power of this tribunal, to interpret to us the meaning of
the law; much less will we now permit him, when, the law is at hand,
to interpret the intention of the lawgiver, not from that which is
most clearly written, but from that which is convenient for his own
cause. But if you, O judges, are bound to obey the laws, and if you
are unable to do so unless you follow what is written in the law; what
can hinder your deciding that he has acted contrary to the laws?"
But if we pass over the proof of the assumption, again the
argumentation will be arranged under four heads, in this
manner:--"When men have repeatedly deceived us, having pledged their
faith to us, we ought not to give credit to anything that they say for
if we receive any injury; in consequence of their perfidy, there will
be no one except ourselves whom we shall have any right to accuse. And
in the first place, it is inconvenient to be deceived, in the
next place, it is foolish, thirdly, it is disgraceful. But the
Carthaginians have before this deceived us over and over again. It is
therefore the greatest insanity to rest any hopes on their good faith,
when you have been so often deceived by their treachery."
When the proof both of the proposition and of the assumption is passed
over, the argumentation becomes threefold only, in this way--"We must
either live in fear of the Carthaginians if we leave them with their
power undiminished, or we must destroy their city. And certainly it is
not desirable to live in fear of them. The only remaining alternative
then is to destroy their city."
XL But some people think that it is both possible and advisable at
times to pass over the summing up altogether, when it is quite evident
what is effected by ratiocination. And then if that be done they
consider that the argumentation is limited to two divisions, in this
way--"If she has had a child she is not a virgin. But she has had a
child." In this case they say it is quite sufficient to state the
proposition and assumption, since it is quite plain that the matter
which is here stated is such as does not stand in need of summing up.
But to us it seems that all ratiocination ought to be terminate
|