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εἶθ᾽ ὅτι] The gist of the topic is to be found in Introd. p. 200.

βραβευτής] the umpire in the games, who awards the prize to the successful candidate, i. e. to the most deserving, is here used as an image of the judge who dispenses justice to the competitors in a court of law. It is he that is to be appealed to, not a mere contract, which has no regard for the general principles of justice. Justice (ὡς δικαιότερον) must prevail over contracts when they are in conflict. Dem., Cl. III 36. 7, has the verb in the same sense, τὰ των ἄλλων δίκαια βραβεύειν. βραβευτής is the prose form; βραβεύς belongs to the Poets.

τοῦτο] is ‘what we are talking about’, ‘that which is before us’, δει. κτικῶς; the contract, namely, and its contents.

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