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‘Or again’—a particular case of the same kind of general disposition—‘to be more inclined to refer a matter to arbitration than to a court of law: for the arbitrator always takes the equitable view of the case, whereas the judge looks to the law’ (the letter, or literal interpretation of the law, which he is bound by oath strictly to carry out and interpret to the best of his judgment). ‘In fact the very motive or intention of the invention of arbitration (the introduction of it into jurisprudence and social relations in general) was that equity should prevail’. διωρίσθω] note on εἴρησθω, I 11. 29 ult. ‘And so let this manner’ (this rough, hasty, popular sketch or outline) ‘of describing (marking out the boundaries in detail, determining the boundaries of the whole and the several parts, defining, analysing, describing, διορίζεσθαι) equity suffice’ for the occasion; for the use, that is, of the rhetorician, who requires no scientific treatment of the subject.
Commentary on the Rhetoric of Aristotle. Edward Meredith Cope. Cambridge. Cambridge University Press. 1877.
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