have a right to add to a common party wall, a wall extending its whole length, either solid or on arches; but if any one in demolishing the common wall should promise to pay for any damages which may arise from his action, he will not be bound to pay for any damage sustained or caused by such arches: for the damage has been done, not by the party which demolished the common wall, but in consequence of some fault in the work, which was built in such a manner as to be unable to support itself."
An argument is derived from what has been done, in this way: "When a woman becomes the wife of a man, everything which has belonged to the woman now becomes the property of the husband under the name of dowry."
But in the way of comparison there are many kinds of valid arguments; in this way: "That which is valid in a greater affair, ought to be valid in a less: so that, if the law does not regulate the limits in the city, still more will it not compel any one to turn off the water in the city." Again, on the other hand: "Whatever is valid in a smaller matter ought to be valid also in a greater one. One may convert the preceding example." Also, "That which is valid in a parallel case ought to be valid in this which is a parallel case." As, "Since the usurpation of a farm depends on a term of two years, the law with respect to houses ought to be the same." But in the law houses are not mentioned, and so they are supposed to come under the same class as all other things, the property in which is determined by one year's use. Equity then must prevail, which requires similar laws in similar cases.[64] But those arguments which are derived from external circumstances are deduced chiefly from authority. Therefore the Greeks call argumentations of that kind [Greek: atechuoi], that is, devoid of art. As if you were to answer in this way:--"In the case of some one building a roof for the purpose of covering a common wall, Publius Scaevola asserted that there was no right of carrying that roof so far that the water which ran off it should run on to any part of any building which did not belong to the owner of the roof. This I affirm to be law."
V. By these topics then which have been explained, a means of discovering and proving every sort of argument is supplied, as if they were elements of argument. Have we then said enough up to this point?
I think we have, as far at least as you, an acute man and one deeply skilled in law, are concerned. But since I have to deal with a man who is very greedy when the feast in question is one of learning, I will prosecute the subject so that I will rather put forth something more than is necessary, than allow you to depart unsatisfied. As, then, each separate one of those topics which I have mentioned has its own proper members, I will follow them out as accurately as I can; and first of all I will speak of the definition itself.
Definition is a speech which explains that which is defined. But of definitions there are two principal kinds: one, of those things which exist; the other, of those which are understood. The things which I call existing are those which can be seen or touched; as a farm, a house, a wall, a gutter, a slave, an ox, furniture, provisions, and so on; of which kind of things some require at times to be defined by us.
Those things, again, I say have no existence, which are incapable of being touched or proved, but which can be perceived by the mind and understood; as if you were to define usucaption, guardianship, nationality, or relationship; all, things which have no body, but which nevertheless have a certain conformation plainly marked out and impressed upon the mind, which I call the notion of them. They often require to be explained by definition while we are arguing about them.
And again, there are definitions by partition, and others by division: by partition, when the matter which is to be defined is separated, as it were, into different members; as if any one were to say that civil law was that which consists of laws, resolutions of the senate, precedents, the authority of lawyers, the edicts of magistrates, custom, and equity. But a definition by division embraces every form which comes under the entire genus which is defined; in this way: "Alienation is the surrender of anything which is a man's private property, or a legal cession of it to men who are able by law to avail themselves of such cession."
VI. There are also other kinds of definitions, but they have no connexion with the subject of this book; we have only got to say what is the manner of expressing a definition. This, then, is what the ancients prescribe: that when you have taken those things which are common to the thing which you wish to define with other things, you must pursue them till you make out of them altogether some peculiar property which cannot be transferred to anything else. As this: "An inheritance is money." Up to this point the definition is common, for there are many kinds of money. Add what follows: "which by somebody's death comes to some one else." It is not yet a definition, for money belonging to the dead can be possessed in many ways without inheritance. Add one word, "lawfully." By this time the matter will appear distinguished from general terms, so that the definition may stand thus:--"An inheritance is money which by somebody's death has lawfully come to some one else." It is not enough yet. Add, "without being either bequeathed by will, or held as some one else's property."
The definition is complete. Again, take this:--"Those are _gentiles_ who are of the same name as one another." That is insufficient. "And who are born of noble blood." Even that is not enough. "Who have never had any ancestor in the condition of a slave." Something is still wanting. "Who have never parted with their franchise." This, perhaps, may do. For I am not aware that Scaevola, the pontiff, added anything to this definition. And this principle holds good in each kind of definition, whether the thing to be defined is something which exists, or something which is understood.
VII. But we have shown now what is meant by partition, and by division. But it is necessary to explain more clearly wherein they differ. In partition, there are as it were members; as of a body--head, shoulders, hands, sides, legs, feet, and so on. In division there are forms which the Greeks call [Greek: ideae]; our countrymen who treat of such subjects call them species. And it is not a bad name, though it is an inconvenient one if we want to use it in different cases. For even if it were Latin to use such words, I should not like to say _specierum_ and _speciebus_. And we have often occasion to use these cases. But I have no such objection to saying _formarum_ and _formis_; and as the meaning of each word is the same, I do not think that convenience of sound is wholly to be neglected.
Men define genus and species or form in this manner:--"Genus is a notion relating to many differences. Species is a notion, the difference of which can be referred to the head and as it were fountain of the genus." I mean by notion that which the Greeks call sometimes [Greek: _ennoia_], and sometimes [Greek: _enoprolaepsis_].
It is knowledge implanted and previously acquired of each separate thing, but one which requires development. Species, then, are those forms into which genus is divided without any single one being omitted; as if any one were to divide justice into law, custom, and equity. A person who thinks that species are the same things as parts, is confounding the art; and being perplexed by some resemblance, he does not distinguish with sufficient acuteness what ought to be distinguished. Often, also, both orators and poets define by metaphor, relying on some verbal resemblance, and indeed not without giving a certain degree of pleasure. But I will not depart from your examples unless I am actually compelled to do so.
Aquillius, then, my colleague and intimate friend, was accustomed, when there was any discussion about shores, (all of which you lawyers insist upon it are public,) to define them to men who asked to whom that which was shore belonged, in this way: "Wherever the waves dashed;" that is, as if a man were to define youth as the flower of a man's age, or old age as the setting of life. Using a metaphor, he departs from the words proper to the matter in hand and to his own art. This is enough as to definition. Let us now consider the other points.
VIII. But we must employ partition in such a manner as to omit no part whatever. As if you wish to partition guardianship, you would act ignorantly if you were to omit any kind. But if you were partitioning off the different formulas of stipulations or judicial decisions, then it is not a fault to omit something in a matter which is of boundless extent. But in division it is a fault; for there is a settled number of species which are subordinate to each genus. The distribution of the parts is often more interminable still, like the drawing streams from a fountain. Therefore in the art of an orator, when the genus of a question is once laid down, the number of its species is added absolutely; but when rules are given concerning the embellishments of words and sentences, which are called [Greek: _schaemata_], the case is different; for the circumstances are more infinite: so that it may be understood from this also what the difference is which we assert to exist between partition and division. For although the words appear nearly equivalent to one another still, because the things are different, the expressions are also established as not synonymous to one another.
Many arguments are also derived from observation, and that is when they are deduced from the meaning of a word, which the Greeks call [Greek: _etumologia_]; or as we might translate it, word for word, _veriloquium_. But we, while avoiding the novel appearance of a word which is not very suitable, call this kind of argument _notatio_, because words are the notes by which we distinguish things. And therefore Aristotle calls the same source of argument [Greek: _sunbolou_], which is equivalent to the Latin _nota_. But when it is known what is meant we need not be so particular about the name. In a discussion then, many arguments are derived from words by means of observation; as when the question is asked, what is a _postliminium_--(I do not mean what are the objects to which this word applies, for that would be division, which is something of this sort: "_Postliminium_ applies to a man, a ship, a mule with panniers, a horse, a mare who is accustomed to be bridled")--but when the meaning of the word itself, _postliminium_, is asked, and when the word itself is observed. And in this our countryman, Servius, as it seems, thinks that there is nothing to be observed except _post_, and he insists upon it that _liminium_ is a mere extension of the word; as in _finitimus, legitimus, ceditimus, timus_ has no more meaning than _tullius_ has in _meditullius_.
But Scaevola, the son of Publius Scaeaevola, thinks the word is a compound one, so that it is made up of _post_ and _limen_. So that those things which have been alienated from us, when they have come into the possession of our enemies, and, as it were, departed from their own threshold, then when they have returned behind that same threshold, appear to have returned _postliminio_. By which definition even the cause of Mancinus may be defended by saying that he returned _postliminio_,--that he was not surrendered, inasmuch as he was not received. For that no surrender and no gift can be understood to have taken place if there has been no reception of it.
IX. We next come to that topic which is derived from those things which are disposed in some way or other to that thing which is the subject of discussion. And I said just now that it was divided into many parts. And the first topic is derived from combination, which the Greeks call [Greek: sizugia], being a kindred thing to observation, which we have just been discussing, as, if we were only to understand that to be rain-water which we saw to have been collected from rain, Mucius would come, who, because the words _pluna_ and _pluendo_ were akin, would say that all water ought to be kept out which had been increased by raining. But when an argument is derived from a genus, then it will not be necessary to trace it back to its origin, we may often stop on this side of that point, provided that which is deduced is higher than that for which it is deduced, as, "Rain water in its ultimate genus is that which descends from heaven and is increased by showers," but in reference to its more proximate sense, under which the right of keeping it off is comprised, the genus is, mischievous rain water. The subordinate species of that genus are waters which injure through a natural defect of the place, or those which are injurious on account of the works of man: for one of these kinds may be restrained by an arbitrator, but not the other.
Again, this argumentation is handled very advantageously, which is derived from a species when you pursue all the separate parts by tracing them back to the whole, in this way "If that is _dolus malus_ when one thing is aimed at, and another pretended," we may enumerate the different modes in which that can be done, and then under some one of them we may range that which we are trying to prove has been done _dolo malo_. And that kind of argument is usually accounted one of the most irrefragable of all.
X. The next thing is similarity, which is a very extensive topic, but one more useful for orators and for philosophers than for men of your profession. For although all topics belong to every kind of discussion, so as to supply arguments for each, still they occurs more abundantly in discussions on some subjects, and more sparingly in others. Therefore the genera are known to you, but when you are to employ them the questions themselves will instruct you. For there are resemblances which by means of comparisons arrive at the point they aim at, in this manner. "If a guardian is bound to behave with good faith, and a partner, and any one to whom you have entrusted anything, and any one who has undertaken a trust then so ought an agent." This argument, arriving at the point at which it aims by a comparison of many instances, is called induction, which in Greek is called [Greek: _ipago_]. and it is the kind of argument which Socrates employed a great deal in his discourses.
Another kind of resemblance is obtained by comparison, when one thing is compared to some other single thing, and like to like, in this way "As if in any city there is a dispute as to boundaries because the boundaries of fields appear more extensive than those of cities, you may find it impossible to bring an arbitrator to settle the question of boundaries, so if rain water is injurious in a city, since the whole matter is one more for country magistrates, you may not be able to bring an arbitrator to settle the question of keeping off rain-water" Again, from the same topic of resemblance, examples are derived, as, "Crassus in Cunus's trial used many examples, speaking of the man who by his will had appointed his heir in such a manner, that if he had had a son born within ten months of his death, and that son had died before coming into possession of the property held in trust for him, the revisionary heir would succeed to the inheritance.
And the enumeration of precedents which Crassus brought forward prevailed". And you are accustomed to use this style of argument very frequently in replies. Even fictitious examples have all the force of real ones, but they belong rather to the orator than to you lawyers, although you also do use them sometimes, but in this way. "Suppose a man had given a slave a thing which a slave is by law incapable of receiving, is it on that account the act of the man who received it?
or has he, who gave that present to his slave on that account taken any obligations on himself?" And in this kind of argument orators and philosophers are allowed to make even dumb things talk, so that the dead man be raised from the shades below, or that anything which intrinsically is absolutely impossible, may, for the sake of adding force to the argument, or diminishing, be spoken of as real and that figure is called hyperbole. And they may say other marvellous things, but theirs is a wider field. Still, out of the same topics, as I have said before, arguments are derived for the most important and the most trivial inquiries.
XI After similarity there follows difference between things, which is as different as possible from the preceding topic, still it is the same art which finds out resemblances and dissimilarities. These are instances of the same sort--"If you have contracted a debt to a woman, you can pay her without having recourse to a trustee, but what you owe to a minor, whether male or female; you cannot pay in the same manner."
The next topic is one which is derived from contraries. But the genera of contraries are several. One is of such things as differ in the same kind; as wisdom and jolly. But those things are said to be in the same kind, which, when they are proposed, are immediately met by certain contraries, as if placed opposite to them: as slowness is contrary to rapidity, and not weakness. From which contraries such arguments as these are deduced:--"If we avoid folly, let us pursue wisdom; and if we avoid wickedness, let us pursue goodness." These things, as they are contrary qualities in the same class, are called opposites. For there are other contraries, which we may call in Latin, _privantia_, and which the Greeks call [Greek: _steraetika_]. For the preposition _in_ deprives the word of that force which it would have if _in_ were not prefixed; as, "dignity, indignity--humanity, inhumanity," and other words of the same kind, the manner of dealing with which is the same as that of dealing with other kinds which I have called opposites. For there are also other kinds or contraries; as those which are compared to something or other; as, "twofold and simple; many and few; long and short; greater and less." There are also those very contrary things which are called negatives, which the Greeks call [Greek: _steraetika_]: as, "If this is the case, that is not." For what need is there for an instance? only let it be understood that in seeking for an argument it is not every contrary which is suitable to be opposed to another.
XII. But I gave a little while ago an instance drawn from adjuncts; showing that many things are added as accessories, which ought to be admitted, if we decided that possession ought to be given by the praetor's edict, in compliance with the will which that person made who had no right whatever to make a will. But this topic has more influence in conjectural causes, which are frequent in courts, of justice, when we are inquiring either what is, or what has been, or what is likely to be, or what possibly may happen. And the form of the topic itself is as follows. But this topic reminds us to inquire what happened before the transaction of which we are speaking, or at the same time with the transaction, or after the transaction. "This has nothing to do with the law, you had better apply to Cicero," our friend Gallus used to say, if any one brought him any cause which required an inquiry into matters of fact. But you will prefer that no topic of the art which I have begun to treat of should be omitted by me, lest if you should think that nothing was to be written here except what had reference to yourself, you should seem to be too selfish. This then is for the most part an oratorical topic; not only not much suited to lawyers, but not even to philosophers. For the circumstances which happened before the matter in question are inquired into, such as any preparation, any conferences, any place, any prearranged convivial meeting. And the circumstances which happened at the same time with the matter in question, are the noise of footfalls, the noise of men, the shadow of a body, or anything of that sort. The circumstances subsequent to the matter in question are, blushing, paleness, trepidation, or any other tokens of agitation or consciousness; and besides these, any such fact as a fire extinguished, a bloody sword, or any circumstance which can excite a suspicion of such an act.
XIII. The next topic is one peculiar to dialecticians; derived from consequents, and antecedents, and inconsistencies; and this one is very different from that drawn from differences. For adjuncts, of which we were speaking just now, do not always exist, but consequents do invariably. I call those things consequents which follow an action of necessity. And the same rule holds as to antecedents and inconsistencies; for whatever precedes each thing, that of necessity coheres with that theme; and whatever is inconsistent with it is of such a nature that it can never cohere with it. As then this topic is distributed in three divisions, into consequence, antecession, and inconsistency, there is one single topic to help us find the argument, but a threefold way of dealing with it. For what difference does it make, when you have once assumed that the ready money is due to the woman to whom all the money has been bequeathed, whether you conclude your argument in this way:--"If coined money is money, it has been bequeathed to the woman; but coined money is money; therefore it has been bequeathed to her;"--or in this way: "If ready money has not been bequeathed to her, then ready money is not money; but ready money is money; therefore it has been bequeathed to her;"--or in this way: "The cases of money not having been bequeathed, and of ready money not having been bequeathed, are identical; but money was bequeathed to her; therefore ready money was bequeathed to her?" But the dialecticians call that conclusion of the argument in which, when you have first made an assumption, that which is connected with it follows as a consequence of the assumption, the first mood of the conclusion; and when, because you have denied the consequence, it follows that that also to which it was a consequence must be denied also, that is the second mood. But when you deny some things in combination, (and then another negation is added to them,) and from these things you assume something, so that what remains is also done away with, that is called the third mood of the conclusion. From this are derived those results of the rhetoricians drawn from contraries, which they call enthymemes. Not that every sentence may not be legitimately called an enthymeme; but, as Homer on account of his preeminence has appropriated the general name of poet to himself as his own among all the Greeks; so, though every sentence is an enthymeme, still, because that which is made up of contraries appears the most acute argument of the kind, that alone has possessed itself of the general name as its own peculiar distinction. Its kinds are these:--"Can you fear this man, and not fear that one?"--"You condemn this woman, against whom you bring no accusation; and do you say that this other one deserves punishment, whom you believe to deserve reward?"--"That which you do know is no good; that which you do not know is a great hindrance to you."
XIV. This kind of disputing is very closely connected with the mode of discussion adopted by you lawyers in reply, and still more closely with that adopted by philosophers, as they share with the orators in the employment of that general conclusion which is drawn from inconsistent sentences, which is called by dialecticians the third mood, and by rhetoricians an enthymeme. There are many other moods used by the rhetoricians, which consist of disjunctive propositions:--"Either this or that is the case; but this is the case; then that is not the case." And again:--"Either this or that is the case; but this is not the case; then that is the case." And these conclusions are valid, because in a disjunctive proposition only one alternative can be true. And from those conclusions which I have mentioned above, the former is called by the dialecticians the fourth mood, and the latter the fifth. Then they add a negation of conjunctive propositions; as, "It is not both this and that; but it is this; therefore it is not that." This is the sixth mood. The seventh is, "It is not both this and that; but it is not this; therefore it is that." From these moods innumerable conclusions are derived, in which nearly the whole science of dialectics consists. But even those which I have now explained are not necessary for this present discussion.
XV. The next topic is drawn from efficient circumstances which are called causes; and the next from the results produced by these efficient causes. I have already given instances of these, as of the other topics, and those too drawn from civil law; but these have a wider application.
There are then two kinds of causes; one which of its own force to a certainty produces that effect which is subordinate to it; as, "Fire burns;" the other is that which has no nature able to produce the effect in question, though still that effect cannot be produced without it; as, if any one were to say, that "brass was the cause of a statue; because a statue cannot be made without it." Now of this kind of causes which are indispensable to a thing being done, some are quiet some passive, some, as it were, senseless; as, place, time, materials, tools, and other things of the same sort. But some exhibit a sort of preparatory process towards the production of the effect spoken of; and some of themselves do contribute some aid to it; although it is not indispensable; as meeting may have supplied the cause to love; love to crime. From this description of causes depending on one another in infinite series, is derived the doctrine of fate insisted on by the Stoics. And as I have thus divided the genera of causes, without which nothing can be effected, so also the genera of the efficient causes can be divided in the same manner. For there are some causes which manifestly produce the effect, without any assistance from any quarter; others which require external aid; as for instance, wisdom alone by herself makes men wise; but whether she is able alone to make men happy is a question.
XVI. Wherefore, when any cause efficient as to some particular end has inevitably presented itself in a discussion, it is allowable without any hesitation to conclude that what that cause must inevitably effect is effected. But when the cause is of such a nature that it does not inevitably effect the result, then the conclusion which follows is not inevitable And that description of causes which has an inevitable effect does not usually engender mistakes; but this description, without which a thing cannot take place, does often cause perplexity.
For it does not follow, because sons cannot exist without parents, that there was therefore any unavoidable cause in the parents to have children. This, therefore, without which an effect cannot be produced, must be carefully separated from that by which it is certainly produced. For that is like-- "Would that the lofty pine on Pelion's brow Had never fall'n beneath the woodman's axe!"
For if the beam of fir had never fallen to the ground, that Argo would not have been built; and yet there was not in the beams any unavoidably efficient power. But when "The fork'd and fiery bolt of Jove" was hurled at Ajax's vessel, that ship was then inevitably burnt.
And again, there is a difference between causes, because some are such that without any particular eagerness of mind, without any expressed desire or opinion, they effect what is, as it were, their own work; as for instance, "that everything must die which has been born." But other results are effected either by some desire or agitation of mind, or by habit, or nature, or art, or chance. By desire, as in your case, when you read this book; by agitation, as in the case of any one who fears the ultimate issue of the present crisis; by habit, as in the case of a man who gets easily and rapidly in a passion; by nature, as vice increases every day; by art, as in the case of a man who paints well; by chance, as in the case of a man who has a prosperous voyage.
None of these things are without some cause, and yet none of them are wholly owing to any single cause. But causes of this kind are not necessary ones.
XVII. But in some of these causes there is a uniform operation, and in others there is not. In nature and in art there is uniformity; but in the others there is none. But still of those causes which are not uniform, some are evident, others are concealed. Those are evident which touch the desire or judgment of the mind; those are concealed which are subject to fortune: for as nothing is done without some cause, this very obscure cause, which works in a concealed manner, is the issue of fortune. Again, these results which are produced are partly unintended, partly intentional. Those are unintended which are design. But those results which are produced by fortune are either unintended or intentional. For to shoot an arrow is an act of intention; to hit a man whom you did not mean to hit is the result of fortune. And this is the topic which you use like a battering-ram in your forensic pleadings; if a weapon has flown from the man's hand rather than been thrown by him. Also agitation of mind may be divided into absence of knowledge and absence of intention. And although they are to a certain extent voluntary, (for they are diverted from their course by reproof or by admonition,) still they are liable to such emotions that even those acts of theirs which are intentional sometimes seem either unavoidable, or at all events unintentional.
The whole topic of these causes then being now fully explained, from their differences there is derived a great abundance of arguments in all the important discussions of orators and philosophers. And in the cases which you lawyers argue, if there is not so plentiful a stock, what there are, are perhaps more subtle and shrewd. For in private actions the decisions in the most important cases appear to me to depend a great deal on the acuteness of the lawyers. For they are constantly present, and are taken into counsel; and they supply weapons to able advocates whenever they have recourse to their professional wisdom.
In all those judicial proceedings then, in which the words "according to good faith" are added, or even those words, "as ought to be done by one good man to another;" and above all, in all cases of arbitration respecting matrimonial rights, in which the words "juster and better" occur, the lawyers ought to be always ready. For they know what "dishonest fraud," or "good faith," or "just," or "good" mean. They are acquainted with the law between partners; they know what the man who has the management of the affairs of another is bound to do with respect to him whose affairs he manages; they have laid down rules to show what the man who has committed a charge to another, and what he who has had it committed to him, ought to do; what a husband ought to confer on his wife, and a wife on her husband. It will, therefore, when they have by diligence arrived at a proper understanding of the topics from which the necessary arguments are derived, be in the power not only of orators and philosophers, but of lawyers also, to discuss with abundance of argument all the questions which can arise for their consideration.
XVIII. Conjoined to this topic of causes is that topic which is supplied by causes. For as cause indicates effect, so what has been effected points out what the efficient cause has been. This topic ordinarily supplies to orators and poets, and often to philosophers also, that is to say, to those who have an elegant and argumentative and rich style of eloquence, a wonderful store of arguments, when they predict what will result from each circumstance. For the knowledge of causes produces a knowledge of effects.
The remaining topic is that of comparison, the genus and instances of which have been already explained, as they have in the case of the other topics. At present we must explain the manner of dealing with this one. Those things then are compared which are greater than one another, or less than one another, or equal to one another. In which these points are regarded; number, appearance, power, and some particular relation to some particular thing.
Things will be compared in number thus: so that more advantages may be preferred to fewer; fewer evils to more; more lasting advantages to those which are more short-lived; those which have an extensive application to those the effect of which is narrowed: those from which still further advantages may be derived, and those which many people may imitate and reproduce.
Things again will be compared with reference to their appearance, so that those things may be preferred which are to be desired for their own sake, to those which are only sought for the sake of something else: and so that innate and inherent advantages may be preferred to acquired and adventitious ones; complete good to mixed good; pleasant things to things less pleasant; honourable things to such as are merely useful; easy things to difficult ones; necessary to unnecessary things; one's own advantage to that of others; rare things to common ones; desirable things to those which you can easily do without; things complete to things which are only begun; wholes to parts; things proceeding on reason to things void of reason; voluntary to necessary things; animate to inanimate things; things natural to things not natural; things skilfully produced by art to things with which art has no connexion.
But power in a comparison is perceived in this way: an efficient cause is more important than one which effects nothing; those causes which can act by themselves are superior to those which stand in need of the aid of others; those which are in our power are preferable to those which are in the power of another; lasting causes surpass those which are uncertain; things of which no one can deprive us are better than things which can be easily taken away.
But the way in which people or things are disposed towards some things is of this sort: the interests of the chief citizens are more important than those of the rest: and also, those things which are more agreeable, which are approved of by more people, or which are praised by the most virtuous men, are preferable. And as in a comparison these things are the better, so those which are contrary to them are the worse.
But the comparison between things like or equal to each other has no elation or submission; for it is on equal terms: but there are many things which are compared on account of their very equality; which are usually concluded in this manner: "If to assist one's fellow-citizens with counsel and personal aid deserves equal praise, those men who act as counsellors ought to enjoy an equal glory with those who are the