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It is on the same grounds that we accuse and defend; for what dissuades serves for defence,1 what persuades, for accusation. This topic comprises the whole “Art” of Pamphilus and Callippus.

[22] Another topic is derived from things which are thought to happen but are incredible, because it would never have been thought so, if they had not happened or almost happened. And further, these things are even more likely to be true; for we only believe in that which is, or that which is probable: if then a thing is incredible and not probable, it will be true; for it is not because it is probable and credible that we think it true.2 Thus, Androcles3 of Pitthus, speaking against the law, being shouted at when he said “the laws need a law to correct them,” went on, “and fishes need salt, although it is neither probable nor credible that they should, being brought up in brine; similarly, pressed olives need oil, although it is incredible that what produces oil should itself need oil.”

[23] Another topic, appropriate to refutation, consists in examining contradictories, whether in dates, actions, or words, first, separately in the case of the adversary, for instance, “he says that he loves you, and yet he conspired with the Thirty;” next, separately in your own case, “he says that I am litigious, but he cannot
prove that I have ever brought an action against anyone”; lastly, separately in the case of your adversary and yourself together: “he has never yet lent anything, but I have ransomed many of you.”

[24] Another topic, when men or things have been attacked by slander, in reality or in appearance,4 consists in stating the reason for the false opinion; for there must be a reason for the supposition of guilt. For example, a woman embraced her son in a manner that suggested she had illicit relations with him, but when the reason was explained, the slander was quashed. Again, in the Ajax of Theodectes, Odysseus explains to Ajax why, although really more courageous than Ajax, he is not considered to be so.

[25] Another topic is derived from the cause. If the cause exists, the effect exists; if the cause does not exist, the effect does not exist; for the effect exists with the cause, and without cause there is nothing. For example, Leodamas, when defending himself against the accusation of Thrasybulus that his name had been posted in the Acropolis5 but that he had erased it in the time of the Thirty, declared that it was impossible, for the Thirty would have had more confidence in him if his hatred against the people had been graven on the stone.

[26] Another topic consists in examining whether there was or is another better course than that which is advised, or is being, or has been, carried out. For it is evident that,

1 By pointing out what is likely to deter a man from committing a crime, and vice versa.

2 The argument is: we accept either that which really is, or that which is probable; if then a statement is made which is incredible and improbable, we assume that it would not have been made, unless it was true.

3 Athenian demagogue and opponent of Alcibiades, for whose banishment he was chiefly responsible. When the Four Hundred were set up, he was put to death. Pitthus was an Athenian deme or parish.

4 Understanding διαβεβλῆσθαι. Others read μὴ (for δοκοῦσι, “when there seems no reason to suspect them.”

5 The names of traitors were inscribed on a brazen pillar in the Acropolis. Leodamas supported the oligarchic, Thrasybulus the democratic party. In answer to the charge that he had had his name removed from the pillar when his party came into power, Leodamas replied that, if he had been originally posted as an enemy of the people and a hater of democracy, he would have preferred to keep the record, as likely to increase the confidence of the Thirty in him, than to have it erased, even though it branded him as a traitor.

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