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- Herausgeber: Booksell-Verlag
- Kategorie: Geisteswissenschaft
- Sprache: Englisch
In "Rhetoric," Aristotle meticulously explores the art of persuasion, delineating the principles that govern effective communication. This seminal text interweaves philosophical inquiry with practical guidelines, presenting rhetoric as not merely a tool for persuasion but as an integral component of ethical discourse. Aristotle's systematic approach categorizes rhetorical appeals'—ethos, pathos, and logos'—while situating rhetoric within the broader scope of philosophy and public life, reflecting the intellectual climate of fourth-century BCE Athens, where eloquence was paramount in civic engagement. Aristotle, a towering figure in Western philosophy, served as a student of Plato and tutor to Alexander the Great, which profoundly influenced his views on language, ethics, and governance. His breadth of knowledge, spanning biology, metaphysics, and politics, lent distinctive depth to his rhetorical analysis. Aristotle's observations were shaped by his commitment to empirical study, leading him to emphasize reason and observation over mere emotional appeal, a stance that illustrates his philosophical roots and practical insights. "Rhetoric" is an essential read for anyone interested in the foundations of persuasive communication, offering timeless wisdom that transcends its historical context. Whether you are a student of philosophy, a writer, or a public speaker, Aristotle's exploration serves as both a guide and a challenge to refine your communicative skills and foster meaningful dialogue. In this enriched edition, we have carefully created added value for your reading experience: - A succinct Introduction situates the work's timeless appeal and themes. - The Synopsis outlines the central plot, highlighting key developments without spoiling critical twists. - A detailed Historical Context immerses you in the era's events and influences that shaped the writing. - An Author Biography reveals milestones in the author's life, illuminating the personal insights behind the text. - A thorough Analysis dissects symbols, motifs, and character arcs to unearth underlying meanings. - Reflection questions prompt you to engage personally with the work's messages, connecting them to modern life. - Hand‐picked Memorable Quotes shine a spotlight on moments of literary brilliance. - Interactive footnotes clarify unusual references, historical allusions, and archaic phrases for an effortless, more informed read.
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Veröffentlichungsjahr: 2021
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Rhetoric
Table of Contents
Introduction
"Rhetoric is the art of persuasion, and its mastery can determine the fate of individuals and nations alike." This profound observation by Aristotle sets the stage for a work that delves deep into the complexities of language and its power. It engages readers by underscoring the notion that rhetoric is not just a skill but an essential component of effective communication. This quote encapsulates the essence of Aristotle's exploration of rhetoric, promising insights that resonate across centuries and remain pertinent to contemporary discourse in various fields.
Aristotle's "Rhetoric," composed in the fourth century BCE, is considered a classic text for its foundational contributions to the study of persuasive language and argumentation. This book has influenced an array of disciplines, including literature, philosophy, law, and politics. Its enduring themes of communication, persuasion, and ethical rhetoric continue to shape discussions about discourse and its implications, making it a cornerstone in the education of thinkers and leaders alike throughout the ages.
The book is one of Aristotle's most recognized works, written during his time in Athens when he was an educator and philosopher. It serves as a comprehensive guide to rhetoric, providing a systematic analysis of its principles and techniques. Aristotle seeks to equip readers with the skills necessary to effectively communicate and persuade, whether in speech or writing. The intricacies of argumentation laid out by him have influenced numerous frameworks of thought and pedagogies, solidifying the text's prestigious status.
In "Rhetoric," Aristotle organizes his thoughts into three main parts: the persuasive appeals of ethos, pathos, and logos; the types of rhetoric, including deliberative, forensic, and epideictic speeches; and the importance of style, delivery, and audience awareness. Through these sections, he outlines the methodologies that speakers can employ to engage their audiences effectively. This comprehensive exploration of rhetoric reflects Aristotle's systematic approach to understanding human communication and its effects.
Aristotle's purpose in writing "Rhetoric" was not merely to catalog persuasive techniques but to encourage a thoughtful approach to communication. He emphasized that understanding the art of rhetoric is crucial for ethical engagement in public and personal discourse. The book elucidates the responsibilities of the speaker, urging them to consider the implications of their persuasive efforts and to wield their influence judiciously. This call for ethical rhetoric has laid the groundwork for discussions on morality in persuasion throughout history.
As readers delve into the text, they encounter themes of power, ethics, and the role of rhetoric in society. Aristotle offers a rich analysis of how persuasive language can shape perceptions and drive action. He challenges his audience to consider not just the techniques of persuasion but the intent and consequences behind them. This duality enhances the text's depth, inviting readers to engage with the ethical dilemmas that accompany the practice of rhetoric.
The concepts introduced in "Rhetoric" have enduring relevance in diverse fields ranging from political speechmaking to advertising and social media communication. Aristotle's insights into human psychology and the dynamics of persuasion resonate in today’s fast-paced information culture, where rhetoric often plays a pivotal role in shaping public opinion. This connection to contemporary issues reflects the timeless nature of his analysis, ensuring that his teachings continue to be a subject of scholarly exploration.
Notably, Aristotle's influence can be seen in the works of later thinkers, such as Cicero and Quintilian, who expanded upon his ideas and adapted them for subsequent generations. His rhetorical principles provided a framework that informed oratory practices in the Roman Republic and are still studied in modern rhetoric courses. This line of intellectual inheritance illustrates how Aristotle's original work continues to reverberate throughout the ages, affirming its classic status.
In examining the text's impact, it is essential to understand the historical context in which Aristotle was writing. The political and social climates of ancient Greece demanded effective communicators who could articulate ideas persuasively. Aristotle’s insights into the art of persuasion offered a roadmap for civic engagement and debate, empowering individuals to navigate complex social landscapes. Thus, the work can be seen as a response to the needs of society at the time, echoing into modern civic discourse.
Exploring the nuances of rhetoric leads to a richer understanding of how language operates in society. Aristotle's analyses of the elements of an effective argument—character, emotion, and logic—challenge readers to critically assess messages they encounter in daily life. His timeless observations compel us to recognize the intricate relationship between language, belief, and social action, which remains relevant across centuries and cultures.
The text is organized methodically, demonstrating Aristotle's scholarly precision. His systematic discussion of rhetoric is interspersed with examples from both historical figures and his observations of contemporary speakers, enhancing the practical utility of the text. As a result, readers gain not only theoretical insight but also applicable skills in rhetorical analysis and practice, bridging the gap between theory and real-world application.
The significance of "Rhetoric" extends beyond its pedagogical functions; it also delves into philosophical inquiries regarding the nature of truth and persuasion. Aristotle grapples with the ethical implications of persuasive communication, questioning the boundaries between manipulation and genuine influence. This exploration leads to profound questions that still challenge thinkers and practitioners today, urging a continuous dialogue on the morality of rhetoric.
One of the key strengths of Aristotle's work is his emphasis on the audience's role in rhetoric. By highlighting the necessity of understanding the audience's beliefs, values, and emotions, he offers a practical approach to crafting persuasive messages. This focus on the recipient of rhetoric not only enriches the communication process but also fosters a sense of accountability for the speaker—it’s a dance of influence that underscores the interconnectedness of speaker and listener.
Additionally, the accessibility of Aristotle’s language, despite the complex ideas he presents, allows for a diverse readership. Scholars and novices alike can engage with his principles, applying them to varied contexts such as speechwriting, legal arguments, and political campaigns. This broad applicability ensures that Aristotle's lessons on rhetoric transcend disciplinary boundaries, illustrating the essential nature of persuasive skills across human interaction.
In a world buzzing with competing voices, where disinformation and persuasive tactics abound, the lessons from Aristotle's "Rhetoric" serve as a clarion call for critical engagement. Contemporary readers are tasked with discerning credible messages amid a barrage of information, making Aristotle's guidance on rhetoric even more crucial today. His insights can empower individuals to navigate this complexity, fostering informed and responsible discourse.
Ultimately, "Rhetoric" invites readers to reflect on their own communicative practices. As Aristotle meticulously dissects the mechanics of persuasion, he compels us to consider how we can wield language effectively while remaining ethically sound. In doing so, he encourages a transformative perspective on communication, urging us to appreciate rhetoric as both an art form and a mechanism for meaningful social interaction.
In encompassing the multifaceted dimensions of rhetoric, Aristotle not only elucidates the foundations of persuasive communication but also instills a deeper appreciation for the art itself. The enduring themes of ethics, power, and responsibility that permeate the work echo through time, offering contemporary audiences invaluable lessons on the importance of effective communication. As we engage with "Rhetoric," we embark on a journey that enriches our understanding of language and ultimately, of ourselves.
Synopsis
Aristotle's 'Rhetoric' is a foundational text in the study of persuasive communication, exploring the art of rhetoric and its application in various contexts. The work is structured into three main books, providing a comprehensive examination of rhetoric as an essential tool for effective communication. Aristotle argues that rhetoric goes beyond mere persuasion; it is a disciplined art that involves understanding the audience, the subject matter, and the speaker's ethos. This text sets the groundwork for understanding the mechanisms of persuasion and its significance in public discourse and individual interactions.
In the first book, Aristotle defines rhetoric as the art of persuasion and distinguishes between its three genres: deliberative, judicial, and epideictic. Deliberative rhetoric focuses on future actions and is often employed in political contexts. Judicial rhetoric addresses past actions and is commonly found in legal settings. Epideictic rhetoric involves the praise or blame of individuals and occurs predominantly in ceremonial speeches. Aristotle emphasizes understanding the audience's emotions and values for effective persuasion, highlighting the importance of tailoring messages to specific circumstances.
The second book delves into the emotional aspects of rhetoric, categorizing various emotions and their relevance in persuading an audience. Aristotle identifies six primary emotions: anger, friendship, fear, shame, pity, and envy. He explains how these emotions can be effectively evoked through language and rhetorical devices. Aristotle warns against manipulation, emphasizing ethical considerations in rhetoric. He asserts that the speaker’s credibility, or ethos, plays a crucial role in persuasion, as a respected speaker is more likely to influence their audience’s emotions and beliefs.
In the third book, Aristotle discusses the elements of a persuasive speech, including its structure, style, and delivery. He outlines the importance of clarity and appropriateness in rhetoric, advocating for a style that resonates with the audience while maintaining the speaker's authentic voice. Aristotle also addresses the significance of logical reasoning or logos in rhetoric. He posits that effective arguments must combine emotional appeal with logical structure to engage the audience fully. This balance allows speakers to construct convincing arguments that appeal to both reason and emotion.
A significant portion of 'Rhetoric' focuses on the concept of persuasion as an influential tool for public life. Aristotle illustrates how effective rhetoric can lead to collective decision-making and societal change. He underlines the responsibility that comes with the power of persuasion, articulating that orators must act ethically to foster a just society. Through examining the role of rhetoric in politics, law, and social gatherings, Aristotle establishes that mastering rhetoric is vital for those wishing to enact their ideas and influence the public.
Aristotle also discusses the importance of dialectical reasoning in the persuasive process. He provides insights into the types of arguments that can be employed, such as universal premises and common opinions. By engaging with the audience’s beliefs, speakers can build a more compelling case, regardless of their position. Aristotle emphasizes the necessity of understanding both sides of an argument, which enhances a speaker's ability to counter opposing views. This exploration of logical reasoning complements the emotional and ethical dimensions of rhetoric.
Throughout 'Rhetoric', Aristotle addresses the role of examples and enthymemes in persuasion. He argues that concrete examples and carefully structured syllogisms can enhance audience engagement and comprehension. By utilizing relatable stories and demonstrating logical relationships, speakers can effectively illustrate their points and foster a connection with the audience. This strategy underlines the interplay of emotion, logic, and narrative within the art of rhetoric, showcasing Aristotle's belief in the multifaceted nature of persuasive communication.
In summarizing the overall message of 'Rhetoric', Aristotle underscores the interplay of emotional appeal, ethical credibility, and logical reasoning. He presents rhetoric as not merely a tool for manipulation but as a vital art for fostering dialogue, understanding, and cooperation. The work serves as a guide for speakers seeking to engage effectively with their audience by aligning their arguments with the audience's values and emotions while maintaining ethical standards. Aristotle’s reflections frame rhetoric as an essential component of civic life and personal interaction.
In conclusion, Aristotle's 'Rhetoric' remains a seminal text that articulates the principles of effective persuasion and communication. By analyzing the components and ethical implications of rhetoric, Aristotle provides timeless insights applicable to various fields, from politics to interpersonal relationships. His systematic approach to understanding how to influence and engage audiences helps establish rhetoric as a crucial discipline, encouraging individuals to communicate thoughtfully and responsibly. The insights presented in 'Rhetoric' continue to inform contemporary discussions on persuasion and public speaking.
Historical Context
Composed in late fourth-century BCE Athens—then the vibrant center of democratic debate and philosophical inquiry—Aristotle’s treatise emerges against a backdrop of intellectual excellence and political upheaval. The Athenian assembly (ekklesia), which met on the Pnyx hill, relied on persuasive speech to conduct public affairs. Educators, statesmen and theorists converged in the Agora and nearby schools, fostering a tradition in which systematic analysis of communication took shape. A former student of Plato’s Academy and later tutor to Alexander the Great at the Lyceum, Aristotle links theoretical reflection with the practical demands of civic discourse.
The Peloponnesian War (431–404 BCE) exposed strains in Athenian democracy and magnified the stakes of public argument. Protracted conflict revealed systemic weaknesses and altered social hierarchies, increasing demand for speakers capable of unifying citizens or defending the polis in court. In his analysis, Aristotle underscores the ethical dimension of persuasion, responding to examples of demagogic appeals that polarized opinion during and after the war.
In the fifth century BCE itinerant educators known as Sophists cultivated skills in argumentation, often prioritizing victory over veracity. Figures such as Gorgias and Protagoras advanced the idea that perception shapes belief, prompting debates over relativism. Aristotle distinguishes between legitimate means of persuasion—aimed at discovering shared values—and tactics he deems misleading, seeking to restore rhetoric as a disciplined art.
Reforms attributed to Cleisthenes around 508 BCE laid the foundations for broad male-citizen participation. While metics, slaves and women remained excluded, enfranchised citizens debated policy in the ekklesia and sought office through persuasion. Aristotle’s study addresses how speakers must tailor arguments to context, whether in assembly or courtroom, where eloquence could determine a citizen’s fate.
Building on a tradition inaugurated by Socrates and further developed at Plato’s Academy, dialectical inquiry remained central to Athenian thought. Aristotle’s critique responds to dialectic’s focus on probing assumptions through question and answer, recasting persuasion as a complementary method that appeals to character, feeling and reason without sacrificing truth.
The trial of Socrates in 399 BCE illustrated how public accusation and emotional appeals could override careful argument. Aristotle refers to such cases to highlight the risks of unexamined persuasion, advocating standards that promote civic responsibility and guard against the misuse of speech.
Following Sparta’s victory and the brief oligarchic rule of the Thirty Tyrants (404–403 BCE), Athens reestablished democracy and deepened reflection on governance. In this context, Aristotle stresses rhetoric’s role in fostering unity rather than division, emphasizing shared ends and the common good.
As Macedonian influence expanded under Philip II and Alexander the Great, traditional city-states adjusted to broader power dynamics. Aristotle’s proximity to Alexander and his experience at court inform his remarks on leadership, demonstrating how persuasive skill serves both local and imperial audiences.
Though public discourse primarily reflected elite male concerns, he acknowledges its potential to address wider perspectives. He recommends strategies to bring diverse interests into conversation, cautioning against techniques that reinforce entrenched privileges.
Athens’ large citizen juries and frequent litigation gave rise to sophisticated forensic practice. Orators learned to marshal evidence, shape narratives and appeal to jurors’ sense of justice. Aristotle examines these conventions, advocating honesty and clarity in legal argumentation.
Concurrent schools—such as the Cynics, who criticized social norms, and, later, the Stoics—challenged conventional rhetoric by valuing natural virtue over societal approval. Aristotle situates his analysis within this broader discourse, framing persuasive speech as an activity that must align with ethical and intellectual standards.
The theatrical traditions of tragedy and comedy provided models for emotional engagement and narrative structure. Public contests in speechmaking mirrored dramatic competitions, reinforcing the social importance of eloquence. Aristotle draws on these examples to show how appeals to feeling and storytelling can inform responsible persuasion.
Within the intellectual milieu of Academy and Lyceum, differing approaches to knowledge—ranging from theoretical abstraction to empirical investigation—coexisted. Against this backdrop, Aristotle articulates a framework that integrates practical wisdom (phronesis) with rhetorical technique, demonstrating their interdependence in effective communication.
Throughout the treatise, he develops the concepts of ethos, pathos and logos to offer a nuanced account of persuasion. He warns against manipulative devices and champions a model of speech that contributes to collective understanding and ethical civic engagement.
Author Biography
Introduction
Aristotle, born in Stagira in the mid-4th century BCE, became one of antiquity’s most influential philosophers and polymaths. A student at Plato’s Academy and later founder of the Lyceum in Athens, he wrote across logic, metaphysics, ethics, politics, biology, psychology, and aesthetics. His surviving treatises, including the Organon, Metaphysics, Nicomachean Ethics, Politics, Physics, Rhetoric, and Poetics, shaped intellectual traditions from Hellenistic schools to medieval universities and modern philosophy. Tutoring the future Alexander of Macedon linked him to wider imperial horizons, yet his reputation rests on systematic inquiry and careful observation. Aristotle’s union of rigorous analysis and empirical attention established enduring standards for rational investigation.
Education and Literary Influences
Aristotle’s formal education began when, as a young man, he traveled to Athens and entered Plato’s Academy, where he studied and taught for many years. There he absorbed dialectical methods, mathematical training, and wide-ranging debate about nature and knowledge. After Plato’s death, Aristotle left the Academy and spent time in Asia Minor and on Lesbos, where he undertook extensive research in zoology and marine life. He later went to Macedon and served as tutor to the adolescent Alexander. These movements broadened his horizons, combining rigorous philosophical training with hands-on observation, and prepared the groundwork for the research program he would lead at the Lyceum.
Aristotle’s intellectual formation reflects dialogue with predecessors and contemporaries. Plato remained a commanding influence, even where Aristotle departed from the theory of Forms. He engaged critically with pre-Socratic natural philosophers such as Parmenides, Heraclitus, and Empedocles, and drew on the mathematical clarity prized in the Academy. Familiarity with medical and biological practices of his era encouraged careful attention to anatomy and function. He also responded to rhetoric and sophistic education in Greece, developing an alternative grounded in logic and empirical study. These converging currents yielded a style that combined classificatory precision, analytical argument, and observation, aiming to explain phenomena by their causes and ends.
Literary Career
Aristotle’s writings survive mainly as technical treatises and lecture notes associated with teaching at the Lyceum. Ancient testimony reports that he also composed dialogues in a more literary style, now largely lost. The extant corpus was organized in antiquity, and later editors helped preserve it for study. While questions of authenticity surround some items, major works are broadly accepted and have been read continuously. The surviving texts reveal a working scholar addressing students, assembling definitions, arguments, and examples rather than polished essays. Their compressed, systematic form made them durable instruments for instruction, commentaries, and the cumulative development of a research tradition.
His contributions to logic were foundational. The works later grouped as the Organon include Categories, On Interpretation, Prior Analytics, Posterior Analytics, Topics, and Sophistical Refutations. There, Aristotle articulated syllogistic reasoning, explored predication and modality, and analyzed demonstration, definition, and scientific explanation. He treated knowledge as structured by causes and kinds, distinguishing first principles from derived conclusions. The Posterior Analytics outlines how genuine understanding rests on grasping necessary connections. These tools framed inquiry across disciplines at the Lyceum, shaping how arguments were constructed, how disputes were adjudicated, and how sciences were organized for nearly two millennia of teaching and commentary.
In natural philosophy he studied change, motion, place, and time, notably in Physics and related treatises, while Metaphysics examined being, substance, form, matter, potentiality, and actuality. Teleology figured prominently: explanations invoked ends and functions alongside material and efficient causes. Aristotle’s account of substances as composites of matter and form guided analysis from living organisms to celestial bodies. He also explored cosmology in On the Heavens and theories of coming-to-be and passing-away. Though later science revised many conclusions, the explanatory architecture he proposed supplied a durable framework for understanding nature, causation, and the hierarchy of sciences in antiquity and beyond.
Aristotle devoted sustained attention to the life sciences. In History of Animals, Parts of Animals, and Generation of Animals, he offered detailed descriptions, comparisons, and causal explanations of structure, reproduction, and behavior. Field observations, especially of marine life, informed classifications and functional accounts. He employed comparative anatomy and reported dissections of animals to ground claims about organs and their purposes. While some observations were inaccurate, his insistence on systematic collection of data, attention to developmental stages, and search for regularities established practices that influenced biological study in subsequent centuries. The Lyceum’s collaborative work furthered this empirical project through shared research and collections.
Ethics and civic life received a similarly systematic treatment. Nicomachean Ethics and Eudemian Ethics analyze virtue as a developed disposition guided by reason and oriented toward flourishing, articulating the doctrine of the mean and the roles of friendship, deliberation, and practical wisdom. Politics extends that inquiry to the structures of the polis, comparing constitutions and discussing citizenship, education, and the claims of law. In Rhetoric Aristotle examined persuasive speech as a rational art, and in Poetics he analyzed tragedy’s structure, plot unity, and the emotional effects associated with representation. These works influenced moral philosophy, political theory, literary criticism, and communication.
Beliefs and Advocacy
Aristotle’s core commitments combined confidence in reason with respect for observed particulars. He held that knowledge aims at causes and that explanation is teleological without denying material processes. In ethics he maintained that character is shaped by habituation under guidance of reason, and that a well-ordered life integrates moral and intellectual virtues. Politically he viewed humans as by nature social and oriented to communal life, with the polis enabling the pursuit of virtue. Some positions, such as defenses of natural hierarchy and slavery, are now rejected; yet even there he argued within a general framework that prized inquiry, education, and civic responsibility.
These commitments informed both teaching and institution-building. At the Lyceum he organized collective research, lectures, and discussion while encouraging compilation of data sets for historical and scientific study. The school investigated animal species, assembled texts, and gathered reports on civic arrangements, producing studies of many Greek and non-Greek constitutions, including that of Athens. This empirical orientation shaped how ethics and politics were taught, tying normative claims to observed practices and comparative analysis. Aristotle’s emphasis on clarity of argument, definition, and classification provided a public model of rational discourse, reinforcing the idea that education and deliberate debate advance shared civic goods.
Final Years & Legacy
In his later years Aristotle returned to Athens and established the Lyceum, where he taught until political unrest followed the death of Alexander. With anti-Macedonian sentiment rising, he faced a charge of impiety and withdrew from Athens to Chalcis on Euboea, reportedly to avoid causing harm to philosophy through a public prosecution. He died there in the early 320s BCE, after arranging for the Lyceum’s continuity. Leadership of the school passed to Theophrastus, a close associate who advanced research in botany and logic. Aristotle’s immediate circle preserved his methods, cataloged materials, and sustained the Peripatetic program into the Hellenistic period.
Aristotle’s long-term impact is vast. Late antique commentators systematized his thought, and scholars working in Syriac and Arabic preserved and interpreted his treatises, which returned to Latin Europe through translation. Medieval universities made his logic, natural philosophy, and metaphysics central to curricula; thinkers such as Thomas Aquinas engaged him as the philosopher. Early modern science challenged aspects of his physics while retaining analytical tools. Today his ethics informs renewed discussions of virtue, character, and practical reasoning, and his Poetics and Rhetoric remain foundational in literary and communication studies. Across disciplines, Aristotle endures as a model of systematic, empirically informed inquiry.
Rhetoric
Chapter 1
Rhetoric is a counterpart of Dialectic[1];[1q] for both have to do with matters that are in a manner within the cognizance of all men and not confined to any special science. Hence all men in a manner have a share of both; for all, up to a certain point, endeavor to criticize or uphold an argument, to defend themselves or to accuse. Now, the majority of people do this either at random or with a familiarity arising from habit. But since both these ways are possible, it is clear that matters can be reduced to a system, for it is possible to examine the reason why some attain their end by familiarity and others by chance; and such an examination all would at once admit to be the function of an art.
Now, previous compilers of “Arts” of Rhetoric have provided us with only a small portion of this art, for proofs are the only things in it that come within the province of art; everything else is merely an accessory. And yet they say nothing about enthymeme[4]s which are the body of proof, but chiefly devote their attention to matters outside the subject; for the arousing of prejudice, compassion, anger, and similar emotions has no connection with the matter in hand, but is directed only to the dicast[2]. The result would be that, if all trials were now carried on as they are in some States, especially those that are well administered, there would be nothing left for the rhetorician to say. For all men either think that all the laws ought so to prescribe, or in fact carry out the principle and forbid speaking outside the subject, as in the court of Areopagus[3], and in this they are right. For it is wrong to warp the dicast's feelings, to arouse him to anger, jealousy or compassion, which would be like making the rule crooked which one intended to use. Further, it is evident that the only business of the litigant is to prove that the fact in question is or is not so,[2q] that it has happened or not; whether it is important or unimportant, just or unjust, in all cases in which the legislator has not laid down a ruling, is a matter for the dicast himself to decide; it is not the business of the litigants to instruct him.
First of all, therefore, it is proper that laws, properly enacted, should themselves define the issue of all cases as far as possible, and leave as little as possible to the discretion of the judges; in the first place, because it is easier to find one or a few men of good sense, capable of framing laws and pronouncing judgements, than a large number; secondly, legislation is the result of long consideration, whereas judgements are delivered on the spur of the moment, so that it is difficult for the judges properly to decide questions of justice or expediency. But what is most important of all is that the judgement of the legislator does not apply to a particular case, but is universal and applies to the future, whereas the member of the public assembly and the dicast have to decide present and definite issues, and in their case love, hate, or personal interest is often involved, so that they are no longer capable of discerning the truth adequately, their judgement being obscured by their own pleasure or pain.
