Category: Rhetoric - Wittenberg Door Campus Ministry

What's the Actual Crime?

1/26/2018

Fridays are for Rhetoric!
1/26/18

Quintilian, and J.S. Watson. Institutes of Oratory. Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book 7 Chapter 5.
When a defendant cannot deny responsibility for a crime Quintilian suggests it may be possible to demonstrate that the action against him is not legal (Quintilian VII.5.1). It is possible that the law does not allow the prosecution to proceed (Quintilian VII.5.2). The question of intention is also important (Quintilian VII.5.4). For instance, someone may commit a crime while saving his country from a threat. The actual wording of the law or contract is very important and must be examined closely (Quintilian VII.5.5).

Defining Better and Worse

1/19/2018

Fridays are for Rhetoric!
1/19/18

Quintilian, and J.S. Watson. Institutes of Oratory. Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book 7 Chapter 4.
In chapter four of book seven of his Institutes of Oratory, Quintilian discusses arguments of quality. What is the quality of the event being considered in a case (Quintilian VII.4.1)? Arguments of quality are especially frequent in deliberative discourse (Quintilian VII.4.2), but are also common in demonstrative speeches and in the penalty phase of trials (Quintilian VII.4.3). The argument justifying actions may well be categorized under arguments of quality (Quintilian VII.4.4). Quintilian gives numerous examples.
In some situations the orator may try “to transfer the charge, if we find it possible, on another party” (Quintilian VII.4.13). The defendant in a case may have acted through coercion, misinformation, or some other motivation which would make him not responsible, or at least less responsible. “Should these modes of defense fail us, there remains excuse, founded either on ignorance or on necessity” (Quintilian VII.4.13). Some, however, suggest that excuse is a matter of quantity rather than quality of a deed (Quintilian VII.4.15). Quintilian considers that quantity is tied to the quality of a deed and should be assessed in the same terms (Quintilian VII.4.16).
It is also certainly possible, though a last resort, to engage in deprecation. Here the orator condemns the opponent or the charge itself (Quintilian VII.4.17). “It sometimes derives its greatest efficacy from the character of the accused himself, if it appear, from his previous life, that there are these three kinds of merit in him: that he has lived innocently, that he has been serviceable to others, and that he affords expectation that he will conduct himself blamelessly for the future…” (Quintilian VII.4.18).
Deprecation is closely related to questions of equity, evaluation of whether or not a situation is fair (Quintilian VII.4.25-26). Quintilian closes the chapter with many examples of cases in which equity is an important factor.

Identification of the Problem - very important

1/12/2018

Fridays are for Rhetoric!
1/12/18

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VII Chapter 3.
The exact definition of a crime is important to a case (Quintilian VII.3.1). Quintilian sees definition as very similar to the process of conjecture. It serves to make a clear and adequate identification of the subject matter (Quintilian VII.3.3). Quintilian illustrates the fact that one word may refer to several different things, making adequate definition critical. Because of its function, definition is very similar to syllogism (Quintilian VII.3.11). It analyzes the nature of a word or concept to reach a necessarily correct understanding. Quintilian notes that while a clear definition may be used to govern an argument it may not serve to change the opinion of a judge (Quintilian VII.3.14). Since a definition is binding upon those who accept it, Quintilian urges caution in precision (Quintilian VII.3.22). He illustrates various ways in which a definition may be a problem.

Responsible Conjecture

1/5/2018

Fridays are for Rhetoric!
1/5/18

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VII Chapter 2.
In book VII chapter two Quintilian deals with conjecture. “All conjecture has reference either to fact or intent” (Quintilian VII.2.1). To make a reasoned estimate, time is an important factor. The issue of generality and specificity is also important. Quintilian discusses the distinction between intention and chance, as well as the basic decision of whether something actually exists or has happened (Quintilian VII.2.3). As to time, if a person was not in a location necessary at the time of an event, the crime was not committed by that person. Establishing times and locations is very important (Quintilian VII.2.4). In court cases, conjecture is central. Questioning all facets is therefore important (Quintilian VII.2.8). Questions of motive and opportunity are closely related (Quintilian VII.2.10). Quintilian goes on to illustrate the kind of inquiry which may happen in court. One of the central questions is whether a crime, once established, could have been committed by only one person (Quintilian VII.2.16). Comparison of claims of innocence or accusations of guilt is a form of conjecture which is often needed in court cases (Quintilian VII.2.22). Another type of case requiring conjecture involves a claim for reward or blame. The claimants are weighed to see whose claim is more valid (Quintilian VII.2.25).
“The order in which we have to consider evidence as to any act is whether the accused had the will to do it, had the power to do it, and whether he actually did it” (Quintilian VII.2.27). The first consideration becomes “the character of the accused” (Quintilian VII.2.28). Next is an investigation of motive. Without motive a person will not act (Quintilian VII.2.35). The case for intentionality may also be considered along with the motive. the level of premeditation and intention is often important in consideration of penalty (Quintilian VII.2.42). Other considerations of ability are also important, such as time, location, and the like (Quintilian VII.2.44). Finally, even if the person could have committed a crime he may or may not have done so. Consideration of the actual guilt does depend on this (Quintilian VII.2.46).

Order of Arguments Matters

12/29/2017

Fridays are for Rhetoric!
12/29/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VII Chapter 1.
Arrangement in rhetoric is the distribution of the component parts of a case into an order which makes a coherent whole (Quintilian VII.1.1). The arrangement may lead to various conclusions, so prosecution and defense will often approach the facts in a different order (Quintilian VII.1.2).
To prepare for a case Quintilian would establish the facts and consider carefully both sides of the case (Quintilian VII.1.4). He would then step through the likely case of each side in order.
As to arrangements of an accusation, most rhetoricians agree the strongest arguments should be made last and the weakest in the middle (Quintilian VII.1.10). For the defense, the strongest accusation needs to be attacked first (Quintilian VII.1.11).
The various issues of the case give shape to the speech. Quintilian considers the case to include whether it is a question of fact or law, if it can be denied or justified, and what the intent of the law or the deed is (Quintilian VII.1.13). Some of the points of a case are nonessential and should not be disputed too vigorously, as the case can be decided regardless (Quintilian VII.1.18). Identifying the point on which all the case depends is essential.
Quintilian also recommends careful analysis of the points of agreement with an opponent. This allows further pursuit of an opponent in well-known territory (Quintilian VII.1.29). The more complex the case, the more careful analysis is needed, but all cases can eventually be understood (Quintilian VII.1.40). The chapter concludes with a lengthy example of a case of inheritance.

Arrangement - Creating a Case from a Heap of Information

12/22/2017

Fridays are for Rhetoric!
12/22/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VII Introduction.
In book 7 Quintilian shifts from invention to discuss arrangement. Appropriate connections change a disordered heap of information into an actual work of art (Quintilian VII, Intro. 1). The speech, like a human body, must be assembled appropriately (Quintilian VII, Intro. 2). Therefore, Quintilian will devote book seven to arrangement. He views arrangement as much more an art than a science, as there are infinite ways of arranging a speech (Quintilian VII, Intro. 4).

Any Substitute for Sound Judgment?

12/15/2017

Fridays are for Rhetoric!
12/15/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 5.
Before moving on to the topics around “disposition,” or ordering arguments, Quintilian discusses sound judgment (Quintilian VI.5.1). While good judgment is generally an innate quality, Quintilian strongly recommends sharpening the skills by observing good examples. He distinguishes between “judgment” and “sagacity” (Quintilian VI.5.3). Judgment works with definitive truth, while sagacity applies to that which is doubtful, for instance, the amount of time or emphasis to dedicate to a part of an argument (Quintilian VI.5.4). As examples of sagacity Quintilian refers to Demosthenes and Cicero.

Is It a Debate or a Fight?

12/8/2017

Fridays are for Rhetoric!
12/8/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 4.
Quintilian discusses “altercation” as a valid tactic of rhetoric, though it is essentially a last resort (Quintilian VI.4.1). Because it belongs to invention, the first part of rhetoric, he addresses it here. As opposed to continuous speech, the altercation opens the door for discussion rather than monologue (Quintilian VI.4.4). “For such disputation, then, there is need, in the first place, of a quick and active intellect, and of a ready and keen judgment” (Quintilian VI.4.8). This requires exhaustive knowledge of the case. There is no place for actual passion, though it may be simulated (Quintilian VI.4.10). The acute mind is most important, as the speaker must keep the discussion focused on the actual matter (Quintilian VI.4.12). Quintilian suggests that the altercation is the ideal place for the orator to choose not to disclose something he knows, which can later undermine the opposing argument, or to release information which may bring forth incriminating evidence in the heat of the moment (Quintilian VI.4.18). The rhetorician will meanwhile observe the judge to see what causes reactions (Quintilian VI.4.19).

Rhetoricians and Humor

12/1/2017

Fridays are for Rhetoric!
12/1/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 3.
Quintilian now turns to the place for humor in the work of a rhetorician. This is a means by which the orator revives and enables the judge (Quintilian VI.3.1). Quintilian gives several examples of orators who have used or failed to use humor. It is doubtless a powerful tool. “Though laughter may appear, however, a light thing, as it is often excited by buffoons, mimics, and even fools, it has power perhaps more despotic than anything else, such as can by no means be resisted” (Quintilian VI.3.8).
The ability to use humor is largely a matter of nature, though training and practice are of great value (Quintilian VI.3.12). Humor falls into several categories, which Quintilian identifies as “urbanity” (Quintilian VI.3.17), “grace” or “saltiness” (Quintilian VI.3.18). The particular uses of humor appropriate to a court are intended to incite laughter (Quintilian VI.3.22). Appropriate humor is gentle and uses appropriate language, rather than being crude and insulting (Quintilian VI.3.27). Often that which could be seen as a heavy-handed and severe attack can be more effective through gently and humorously pointing out the same issues (Quintilian VI.3.37).
Quintilian does warn against inappropriate jokes, especially those which are obscure, ambiguous, or have a double meaning (Quintilian VI.3.47). While sometimes effective they are uncertain tactics. He goes on at length to illustrate word plays which may work.
Humor in an argument may be found by observing definitions (Quintilian VI.3.65) or distinctions (Quintilian VI.3.66). It may be used in accusation or refutation (Quintilian VI.3.72). Though the forms of humor are difficult to categorize they remain important and useful.

Appeals to Emotion and Morals

11/24/2017

Fridays are for Rhetoric!
11/24/17

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).

Good and Bad Conclusions

11/17/2017

Fridays are for Rhetoric!
11/17/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 1.
In VI.1, Quintilian addresses the conclusion of a speech, the “peroration.” “There are two species of it, the one comprising the substance of the speech, and the other adapted to excite the feelings” (Quintilian VI.1.1). The style which summarizes the speech is not meant as a new speech but as a brief review (Quintilian VI.1.2). In the Athenian tradition this is the only conclusion allowed, as it is considered inappropriate to attempt an emotional appeal (Quintilian VI.1.7). Roman practice allows for more of an appeal to emotion (Quintilian VI.1.10). To make the appeal to emotions effective, the prosecutor should remind the judge of the negative nature of the crime and the criminal (Quintilian VI.1.12). The prosecutor also makes statements to mitigate any sympathy the judge might have for the defendant (Quintilian VI.1.20). Positive statements about the client’s character and history may also be useful, especially those which invoke pity (Quintilian VI.1.21). Quintilian also suggests the use of “fictitious addresses delivered in another person’s character (Quintilian VI.1.25). This storytelling may be very effective at gaining sympathy. Visual aids may also be quite vivid (Quintilian VI.1.31), though Quintilian does not necessarily endorse them.
The behavior and demeanor of the defendant is often a very important factor in the judgment (Quintilian VI.1.37). This is something requiring careful management. Quintilian gives numerous examples of attempted appeals to emotion which go wrong, cautioning against unwise attempts at this appeal.

The Rhetorician Spills His Guts

11/10/2017

Fridays are for Rhetoric!
11/10/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Introduction.
In the introduction to book six, Quintilian discusses his motivation for writing - his son. Because his son showed great promise as an orator he worked very diligently on this work (Quintilian VI. Intro. !). Sadly, as he worked, his son died (Quintilian VI. Intro. 2). A similar ill fortune had happened before, when he had lost another child while writing a book (Quintilian VI. Intro. 3). Quintilian had formerly lost his wife, who died in childbirth of the second son (Quintilian VI. Intro. 4). Quintilian makes eloquent statements of praise for the departed wife and sons. The younger, who was ten at death, seemed very gifted (Quintilian VI. Intro. 10). Quintilian would suffer anything if it would bring his son back. Yet he will seek solace in his work (Quintilian VI. Intro. 14). He recognizes that his grief may diminish the quality of his work.

Parts of Logical Arguments

11/3/2017

Fridays are for Rhetoric!
11/3/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 14.
In this chapter Quintilian discusses the enthymeme, the epicheirema, and the syllogism. An enthymeme, as used by a rhetorician, is the actual enunciation of an argument (Quintilian V.14.1). It may or may not have the complete logical conclusion.
The epicheirema consists of, at least, a proposition, an assumption, and a conclusion. The proposition and assertions made may have proofs attached (Quintilian V.14.6). Quintilian describes several slight variations in form.
A syllogism is essentially an epicheirema, “except that the syllogism has a greater number of forms and infers truth from truth, while the epicheirema is generally employed about probabilities” (Quintilian V.14.14).
Quintilian points out the need to bring solid conclusions throughout arguments, often varying the form of the arguments (Quintilian V.14.17).
“The enthymeme is called by some an oratorical syllogism, by others a part of a syllogism, because the syllogism has always its regular proposition and conclusion and establishes by means of all its parts that which it has proposed, while the enthymeme is satisfied if merely what is stated in it be understood” (Quintilian V.14.24). The purpose may be analogous but the forms meet different criteria. The orator does not need to prove each step of an argument. He simply needs to gain acceptance of his overall goal (Quintilian V.14.32).

Refutation - Asking the Right Questions

10/27/2017

Fridays are for Rhetoric!
10/27/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 13.
Quintilian continues discussing refutations. In the work of defense, refutation is in fact the entire task (Quintilian V.13.1). The content of refutation is parallel to that of affirmation, but it is not as closely related to emotional appeals (Quintilian V.13.2). The defender is in a difficult position due to the need to refute arguments the prosecution has worked out in advance (Quintilian V.13.3). Charges which pertain to the case must be denied, invalidated, or refuted (Quintilian V.13.7). On occasion Quintilian advocates addressing multiple charges at once (Quintilian V.13.11) while sometimes charges should be overthrown one at a time. Evident falsehoods may simply be denied (Quintilian V.13.15). Quintilian gives numerous examples.
For the most part, in actual refutations, it is necessary to find a discrepancy in the evidence presented (Quintilian V.13.23). This is fairly easy in questions of law as opposed to questions of history. Yet those events are also open to a variety of legal interpretations (Quintilian V.13.24). In refutations small points of sequence of actions or character assassination may provide openings to make an entire argument crumble (Quintilian V.13.27). gain, Quintilian cites examples of such refutations. In effective defenses, the defender will not be concerned with refuting every detail but only those which will actually overturn the whole prosecution (Quintilian V.13.36). As usual, Quintilian gives examples before a closing reminder that effective defense is most concerned with care for the defendant.

Stronger and Weaker Proofs

10/20/2017

Fridays are for Rhetoric!
10/20/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 12.
As Quintilian has detailed various kinds of proofs, here he summarizes how proofs should be used. Some proofs may well be doubtful, at least when used alone (Quintilian V.2.2). These must be brought forward with other proofs which lead to a comprehensive and reliable case. Other arguments are very strong by themselves and will stand independently (Quintilian V.12.6). Quintilian further mentions arguments which appeal to feelings (παθητικός). These are very powerful when used well (Quintilian V.12.9). While some suggest placing the strongest arguments first and others the weakest first, Quintilian prefers to chose based on the dynamic of the entire case (Quintilian V.12.14).
Quintilian digresses (V.12.17) to discuss the decline of serious argument in his lifetime, comparing it to a decline in general manliness.

Examples as Proofs

10/13/2017

Fridays are for Rhetoric!
10/13/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 11.
Quintilian now discusses a third group of proofs, which he identifies as paradeigmata. These are generally examples of like things (Quintilian V.11.1). However, there may be more disparate comparisons in these examples as well. Again, different teachers of rhetoric divide the field in various ways. Regardless, all arguments are based on “things similar, dissimilar, or contrary” (Quintilian V.11.5). Yet a parallel example is very persuasive. Quintilian gives several illustrations of this. Some examples are not parallel but show a relationship of greater and less. These are of great effect (Quintilian V.11.10). Again, examples follow. The illustration in a speech may be lengthy, retelling a substantial piece of narrative (Quintilian V.11.15).
If an example is not available, a comparison may be effective (Quintilian V.11.22). The comparison (parabole) is not as clearly parallel. Quintilian illustrates several comparisons. A less effective proof is the “icon” in which the appearance of something is used in the illustration.
All these proofs are vulnerable to attack. They have weak points including the authority on which they rest (Quintilian V.11.36). Again, Quintilian gives examples of stronger and weaker authorities.

Arguments of All Shapes and Sizes

10/6/2017

Fridays are for Rhetoric!
10/6/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 10.
In this rather lengthy chapter Quintilian discusses name and types of arguments. He observes that the various names for arguments used among Greek rhetoricians are basically synonymous, with only minor shades of difference (Quintilian V.10.1). He proceeds to discuss the shades of distinction made by different authors.
“Since, then, argument is a process of reasoning affording a proof, by which one thing is gathered from another, and which establishes what is doubtful y reference to what is certain, there must assuredly be something in a cause that does not require proof” (Quintilian V.10.11). The information that does not need proof serves as a foundation to achieve further proofs. From this information the argument can grow in one of two ways. Some arguments pertain to things and some to persons. They are treated differently (Quintilian V.10.23). Quintilian lists several ways in which he considers people different from one another. Arguments from things are very important as well (Quintilian V.10.32). This is where we find motives to action (Quintilian V.10.34). Quintilian repeatedly emphasizes the complexity of cases, which may include extenuating or mitigating circumstances. Especially important is the time frame surrounding evidence and testimony (Quintilian V.10.42). Though the cases are diverse, “three points are doubtless to be considered, whether it is, what it is, and of what nature it is” (Quintilian V.10.53). The arguments throughout the case are built on these three questions. The logical argument will therefore consider the identity of the issue (Quintilian V.1.56). Quintilian illustrates various proofs of identity. Additionally, the argument will have a natural structure which will progress in a natural manner (Quintilian V.10.71). This requires also that the rhetorician must understand and use appropriate dialectic structures (Quintilian V.10.81).
All in all, Quintilian concludes that arguments are varied and complex enough that they cannot be cataloged completely (Quintilian V.10.100). As a result, the best practice is to consider the case carefully and identify the important variables individually.

Evidence Is Not Argument

9/29/2017

Fridays are for Rhetoric!
9/29/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 9.
Quintilian continues his discussion of proofs by observing that “indications” are not actual arguments (Quintilian V.9.1). An argument is devised by the orator and could potentially be overcome. A sign, or indication is a physical piece of evidence so its existence cannot be removed (Quintilian V.9.2). A sign, therefore, is a kind of proof rather than an argument (Quintilian V.9.4-5). Some signs bear more force when used in an argument. Regardless, the argument itself must be applied. Again, some indications point very strongly to a conclusion (Quintilian V.9.8). Yet even a strong sign, such as a blood-soaked garment, may not be an indicator of an actual murder. It requires additional support (Quintilian V.9.11). Quintilian continues with a number of signs which do not lead to certain conclusions.

Artificial Proofs, Not Fake News

9/29/2017

Fridays are for Rhetoric!
9/22/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 8.
Aside from written and testimonial evidence in a case, Quintilian observes that there is a whole category of artificial proofs. Before detailing them, he shows “that there are certain qualities common to all kinds of proof” (Quintilian V.8.4). All arguments and proofs must follow orderly reasoning or be specific to the case at hand (Quintilian V.8.6). There are four different forms of proof: “because one thing is, another is not…; because there is one thing there is also another…; because one thing is not, another is…; because one thing is not, another is not” (Quintilian V.8.7). In future chapters Quintilian will explain these categories.

Testimonial Evidence - Good or Bad

9/15/2017

Fridays are for Rhetoric!
9/15/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 7.
Quintilian discusses written and testimonial witness in book five chapter seven. Because written testimony is presented without the witness present it tends to bear less weight than testimony of someone who took the effort to be present (Quintilian V.7.2). When the witness is present it is possible to discredit either the witness or the facts of the testimony (Quintilian V.7.3ff). Certainly an attack on the credibility of a witness can be turned into a positive statement for the opposing cause (Quintilian V.7.6).
It is necessary to this end that the orator know all the details of a case (Quintilian V.7.7) as well as the disposition of the judge. The orator must also know the nature and likely answers of the witness (Quintilian V.7.10). The results of an unknown witness giving unexpected testimony may be unpleasant. The orator does need to take care in questioning witnesses. Different people will respond in more or less credible manners when questioned in different ways (Quintilian V.7.26). Ideally, the questioner can produce any desired answer from a witness, though the skill is not taught well in schools (Quintilian V.7.27-28).
Testimonial evidence will always have weaknesses. The orator must be aware of those weaknesses and ways to deal with them (Quintilian V.7.34).

Swearing an Oath Is Serious

9/8/2017

Fridays are for Rhetoric!
9/8/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 6.
In a legal case oaths and testimonies are commonly solicited on both sides. They are sometimes refused as well (Quintilian V.6.1). The person who refuses an oath may be able to show his reliability without an oath, in which case the testimony becomes very credible (Quintilian V.6.2). Since the oath is a divine promise it is very serious (Quintilian V.6.3). In general, if people are bound by oaths the conduct of the case is easier as it is rarely violated (Quintilian V.6.5). Quintilian states that oaths were never considered optional in his youth (Quintilian V.6.6).

Could We Have It in Writing?

9/1/2017

Fridays are for Rhetoric!
9/1/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 5.
Another source of evidence Quintilian identifies is that of documents (Quintilian V.5.1). Care must be used to prove the origin and truthfulness of the documents, as well as whether they actually prove what is alleged (Quintilian V.5.2).

Torture's Evidence

8/25/2017

Fridays are for Rhetoric!
8/25/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 4.
Having discussed evidence from public report, Quintilian turns in 5.4 to evidence gained by torture. Some affirm torture as a means of gaining truth while some as a means of gaining falsehood (Quintilian V.4.1). The reality is that the method of gathering and evaluating the testimony matters a great deal. If the testimony is valid it should be used.

What If I Become Famous?

8/18/2017

Fridays are for Rhetoric!
8/18/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 3.
In this very brief chapter Quintilian observes that while some consider fame a commendation from all people some consider it a matter of empty grasping for power and glory.

If I'm supposed to recognize it, please make it obvious.

8/11/2017

Fridays are for Rhetoric!
8/11/17

Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book V Chapter 2.
Quintilian here takes us to consider previous case law. He divides those cases into three groups (Quintilian V.2.1): similar cases already decided, directly related cases, and cases in which sentences have been passed. To consider this body of case law, Quintilian urges evaluating the authority of the judges and the level of similarity (Quintilian V.2.2). The person pleading the case often needs to make the similarities very plain (Quintilian V.2.3).