ntains the amplification of a
doubtful matter, and the other of a certain one, we must consider what
the case itself suggests, and what can be and ought to be amplified by
a common topic. For certain topics to suit every possible case cannot
be laid down, and perhaps in most of them it will be necessary at
times to rely on the authority of the lawyers, and at times to speak
against it. But we must consider, in this case and in all cases,
whether the case itself suggests any common topics besides those which
we have mentioned.

Now let us consider the juridical kind of inquiry and its different
divisions. XXIII The juridical inquiry is that in which the nature of
justice and injustice, and the principle of reward or punishment, is
examined. Its divisions are two, one of which we call the absolute
inquiry, and the other the one which is accessory. That is the
absolute inquiry which itself contains in itself the question of right
and not right, not as the inquiry about facts does, in an overhand and
obscure manner, but openly and intelligibly. It is of this sort.--When
the Thebans had defeated the Lacedaemonians in war, as it was nearly
universal custom among the Greeks, when they were waging war against
one another, for those who were victorious to erect some trophy
on their borders, for the sake only of declaring their victory at
present, not that it might remain for ever as a memorial of the war,
they erected a brazen trophy. They are accused before the Amphictyons,
that is, before the common council of Greece. The charge is, "They
ought not to have done so." The denial is, "We ought." The question
is, "Whether they ought." The reason is, "For we gained such glory
by our valour in that war, that we wished to leave an everlasting
memorial of it to posterity." The argument adduced to invalidate this
is, "But still it is not right for Greeks to erect an eternal memorial
of then enmity to Greeks." The question to be decided is, "As for the
sake of celebrating their own excessive valour Greeks have erected an
imperishable monument of their enmity to Greeks, whether they have
done well or ill?" We, therefore, have now put this reason in the
mouth of the Thebans, in order that this class of cause which we
are now considering might be thoroughly understood. For if we had
furnished them with that argument which is perhaps the one which
they actually used, "We did so because our enemies warred against us
without any consideratio