Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 2.
Having worked through the parts of the case, Quintilian begins to discuss the process of influencing the minds of the judges and of molding and transforming them, as it were, to that disposition which we wish them to assume (Quintilian VI.2.1). The ability to persuade a judge emotionally regardless of the actual arguments is rare (Quintilian VI.2.4). The proofs themselves may be powerful but the judge’s emotive agreement is more so.
Quintilian details the appeal to pathos - the passion, and to ethos - the moral appeal (Quintilian VI.2.8). Hedoes observe that both are related to emotions. The ethos, counter to the pathos, is a moral appeal which naturally bears merit (Quintilian VI.2.13). The ethical appeal may move beyond those merits and become an appeal to pathos (Quintilian VI.2.17).
Pathos, in its raw form, “is almost wholly engaged in exciting anger, hatred, fear, envy, or pity” (Quintilian VI.2.20). It may be a powerful tool, which Quintilian will discuss later (Quintilian VI.2.23). In the meantime he recommends identifying the issue or issues which would provoke strong emotion, then using that imagery (Quintilian VI.2.29). The orator most effective at moving passions is the one who can effectively place himself in the same situation (Quintilian VI.2.34).