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Or, if one should say that it is wanton outrage to beat a free man; for this is not always the case, but only when the assailant gives the first blow.

[10] Further, as in sophistical disputations, an apparent syllogism arises as the result of considering a thing first absolutely, and then not absolutely, but only in a particular case. For instance, in Dialectic, it is argued that that which is not is, for that which is not is that which is not1; also, that the unknown can be known, for it can be known of the unknown that it is unknown. Similarly, in Rhetoric, an apparent enthymeme may arise from that which is not absolutely probable but only in particular cases. But this is not to be understood absolutely, as Agathon says: “ One might perhaps say that this very thing is probable, that many things happen to men that are not probable;

” for that which is contrary to probability nevertheless does happen, so that that which is contrary to probability is probable. If this is so, that which is improbable will be probable. But not absolutely; but as, in the case of sophistical disputations, the argument becomes fallacious when the circumstances, reference, and manner are not added, so here it will become so owing to the probability being not probable absolutely but only in particular cases. [11] The “Art” of Corax is composed of this topic. For if a man is not likely to be guilty of what he is accused of, for instance if, being weak, he is accused of assault and battery, his defence will be that the crime is not probable; but if he is likely to be guilty, for instance,
if he is strong, it may be argued again that the crime is not probable, for the very reason that it was bound to appear so. It is the same in all other cases; for a man must either be likely to have committed a crime or not. Here, both the alternatives appear equally probable, but the one is really so, the other not probable absolutely, but only in the conditions mentioned. And this is what “making the worse appear the better argument” means. Wherefore men were justly disgusted with the promise of Protagoras2; for it is a lie, not a real but an apparent probability, not found in any art except Rhetoric and Sophistic. So much for real or apparent enthymemes.

25. Next to what has been said we must speak of refutation. An argument may be refuted either by a counter-syllogism3 or by bringing an objection. [2] It is clear that the same topics may furnish counter-syllogisms; for syllogisms are derived from probable materials and many probabilities are contrary to one another. [3] An objection is brought, as shown in the Topics, in four ways: it may be derived either from itself,4 or from what is similar, or from what is contrary, or from what has been decided. [4] In the first case, if for instance the enthymeme was intended to prove that love is good,

1 The first “is” means “has a real, absolute existence”; the second “is” merely expresses the identity of the terms of the proposition, and is particular; but the sophistical reasoner takes it in the same sense as the first. The same applies to the argument about the unknown.

2 This utterance of Protagoras gave particular offense as apparently implying that the weaker cause was really identical with the worse, so that to support it was to support injustice. But, considering the high moral character ascribed to Protagoras, it seems more probable to take the formula as a statement of the aim of all ancient orators—how to overcome stronger arguments by arguments weaker in themselves.

3 In which the contrary of an opponent's conclusion is proved.

4 i.e., the opponent's enthymeme.

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