Institutio Oratoria

There is also another method of dividing bases into two classes: according to this disputes are either about substance or quality, while quality is treated either in its most general sense or in its special senses.

Substance is dealt with by conjecture: for in enquiring into anything, we ask whether it has been done, is being done, or is likely to be done, and sometimes also consider its intention: this method is preferable to that adopted by those who style the conjectural basis a basis of fact, as though we only enquired into the past and what has

The consideration of quality under its most general aspect rarely comes up in the courts; I refer to questions such as

whether that is honourable which is generally praised.

These bases are said to contain others as well, because quantity is sometimes concerned with conjectural bases, as in the question whether the sun is bigger than the earth, and sometimes with qualitative bases, as in the question what reward or punishment it would be just to assign to some particular person, while questions of competence undoubtedly are concerned with quality, and definition with questions of competence. [*]( See § 11 and the case cited in 38, where the accused would argue that he was guilty not of sacrilege, but of simple theft. )

ratiocinative basis or syllogism[*]( When we argue that a certain case comes under a certain law. cp. § 15. ) and the majority of questions dealing with the letter of the law and intention are based on equity, with the exception that this last question sometimes admits of conjecture as, for instance, concerning the intentions of the legislator: ambiguity, however, must always be explained by conjecture, because as it is clear that the words admit of two interpretations the only question is as to the intention.

A large number of writers recognise general bases; Cicero adopts them in his Orator, [*](Or. xiv. 45. ) and holds that everything that can form the subject of dispute or discussion is covered by the three questions, whether

Marcus Antonius stated that there were three bases in the following words:—

The things which form the ground of every speech are few and are as follows:—' Was a thing done or not done? 'Was it just or unjust?' 'Was it good or bad?'

These they then subdivided into species, placing definition under the head of the legal basis, together with all others which are concerned with the letter of the law: such as that of contradictory laws, or ἀντινομία that which rests on the letter of the law and on meaning or intention (which the Greeks call κατὰ ῥητὸν καὶ διάνοιαν and μετάληψις to which latter we give various names, styling it the translative, transumptive or transpositive basis [*](Concerned with questions of competence.) ; the syllogism, which we call the ratiocinative or deductive basis; and those which turn on ambiguity or ἀμφιβολία. I mention these because they are called bases by most writers, though some prefer to call them legal questions.

Athenaeus laid down that there were four bases: the προτρεπτικὴ or παρορμητική, that is, the hortative, which is peculiar to deliberative themes; the συντελική [*](συντελική lit. = contributory. ) which is shown to be the conjectural, not so much from the name itself, but from what