Kitap 3
5.43
ratiocinative basis or syllogism When we argue that a certain case comes under a certain law. cp. § 15. and the majority of questions dealing with the letter of the law and intention are based on equity, with the exception that this last question sometimes admits of conjecture as, for instance, concerning the intentions of the legislator: ambiguity, however, must always be explained by conjecture, because as it is clear that the words admit of two interpretations the only question is as to the intention.
5.44
A large number of writers recognise general bases; Cicero adopts them in his Orator, Or. xiv. 45. and holds that everything that can form the subject of dispute or discussion is covered by the three questions, whether it is, what it is, and of what kind it is. The names of these three bases are too obvious for mention. Conjectural, definitive, and qualitative. The same view is asserted by Patrocles.
