For when it has been
asserted and denied that a deed was done, the question whether it was done is resolved by conjecture,
the decision of the judge
and the main question
the same ground, since the first question and the
final decision are concerned with the same point.
But when it is stated and denied that Orestes was
justified in killing his mother, considerations of quality
are introduced: the question
is whether he was justified in killing her, but this is not yet the point for the
decision of the judge.
When, then, does it become so?
“She killed my father.” “Yes, but that did not
make it your duty to murder your mother.” The
point for the decision of the judge
is whether it was his
duty to kill her.