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[8]
Another common question is which of
the two laws is the oldest; but the most important
question is which of the two laws will suffer less by
its contravention, as for example in the case of the
hero and the deserter just mentioned, in which case,
if the deserter is not put to death, the whole law is
ignored, whereas, if he be put to death, the hero
will still have another choice left open to him. It
is, however, of the utmost importance to consider
which course is best from the point of view of
morality and justice, a problem for the solution of
which no general rules can be laid down, as it will
depend on the special circumstances of the case.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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