second arises in scholastic themes where no argument can be drawn from the particular law, but the
question is concerned solely with the subject of the
dispute. “A foreigner who goes up on to the wall
shall be liable to capital punishment. The enemy
had scaled the wall and were driven back by a
foreigner. His punishment is demanded.”
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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