Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

It is, however, universally agreed that all questions must be concerned either with something that is written or something that is not. Those concerned with what is written are questions of law, those which concern what is not written are questions of fact. Hermagoras calls the latter rational questions, the former legal questions, for so we may translate λογικόν and νομικόν.

Those who hold that every question concerns either things or words, mean much the same. It is also agreed that questions are either definite or indefinite. Indefinite questions are those which may be maintained or impugned without reference to persons, time or place and the like. The Greeks call them theses, Cicero [*](Top. xxi. 79. ) propositions, others general questions relating to civil life, others again questions suited for philosophical discussion, while Athenaeus calls them parts of a cause.

Cicero [*](Top. 81; Part. Or. xviii. 62. ) distinguishes two kinds, the one concerned with knowledge, the other with action. Thus

Is the world governed by
v1-3 p.401
providence?
is a question of knowledge, while
Should we enter politics?
is a question of action. The first involves three questions, whether a thing is, what it is, and of what nature: for all these things may be unknown: the second involves two, how to obtain power and how to use it.

Definite questions involve facts, persons, time and the like. The Greeks call them hypotheses, while we call them causes. In these the whole question turns on persons and facts.

An indefinite question is always the more comprehensive, since it is from the indefinite question that the definite is derived. I will illustrate what I mean by an example. The question

Should a man marry?
is indefinite; the question
Should Cato marry?
is definite, and consequently may be regarded as a subject for a deliberative theme. But even those which have no connexion with particular persons are generally given a specific reference. For instance the question
Ought we to take a share in the government of our country?
is abstract, whereas
Ought we to take part in the government of our country under the sway of a tyrant?
has a specific reference.