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Institutio Oratoria

Institutio Oratoria Quintilian

Book 5

14.17 But when a reason of unusual length intervenes, it is necessary to state the final conclusion, otherwise the major premise and the reason would suffice. Laws are silent in the midst of arms, and do not require us to await their sanction when the circumstances are such that he who would await their sanction is certain to be the victim of an unjust penalty before ever the just penalty can be claimed. pro Mil. iv. 10. Hence it has been asserted that the form of enthymeme which is based on denial of consequents resembles a reason. But sometimes, again, it is sufficient to state a single proposition as in the example just quoted, The laws are silent in the midst of arms.
14.18 We may also begin with the reason and then proceed to the conclusion as in another passage from the same speech ib. iii. 9. : But if the Twelve Tables permitted the killing of a thief by night under any circumstances, and by day if he used a weapon to defend himself, who is there who will contend that the slayer must be punished under whatever circumstances a man has been killed? 'The process is still further varied by Cicero, and the reason placed third, as in the phrase, When he sees that the sword is sometimes placed in our hands by the laws themselves.

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