[19]
But
in the Partitiones Oratoriae1 he gives the name of
foundation to that which is advanced against the defence, on the ground that the central argument, as it
logically comes first, is put forward by the accuser,
while the line of defence is put forward by the accused,
and the point for the decision of the judge arises from
the question jointly raised by the central argument
and the line of defence.
The view therefore of those who make the basis,
the central argument, and the point for the decision of
the judge identical, is at once more concise and nearer
to the truth. The central argument, they point out,
is that the removal of which makes the whole case fall
to the ground.
1 xxix. 103.
Quintilian. With an English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1920.
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