previous next
[5] As soon as we are clear as to the kind of cause on which we are engaged, we must then consider whether the act that forms the basis of the charge is denied or defended, or given another name or excepted from that class of action. Thus we determine the basis of each case. [p. 523]

XI. As soon as these points are ascertained, the next step, according to Hermagoras, should be to consider what is the question at issue, the line of defence, the point for the judge's decision and the central point, or, as others call it, the foundation of the case.1 The question in its more general sense is taken to mean everything on which two or more plausible opinions may be advanced.

1 This highly technical chapter will be largely unintelligible to those who have not read chapter vi. Those who have no stomach for such points would do well to skip §§ 1–20; they will however find consolation in § 21 sqq., where Quintilian says what he really thinks of such technicalities.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

load focus Introduction (Harold Edgeworth Butler, 1920)
hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: