Aristotle RHETORIC Complete

Translated by W. Roberts.

Aristotle Bilingual Anthology  Studies  Aristotle in Print

128 pages - You are on Page 58

In dealing with the evidence of witnesses, the following are useful arguments. If you have no witnesses on your side, you will argue that the judges must decide from what is probable; that this is meant by 'giving a verdict in accordance with one's honest opinion'; that probabilities cannot be bribed to mislead the court; and that probabilities are never convicted of perjury. If you have witnesses, and the other man has not, you will argue that probabilities cannot be put on their trial, and that we could do without the evidence of witnesses altogether if we need do no more than balance the pleas advanced on either side.

The evidence of witnesses may refer either to ourselves or to our opponent; and either to questions of fact or to questions of personal character: so, clearly, we need never be at a loss for useful evidence. For if we have no evidence of fact supporting our own case or telling against that of our opponent, at least we can always find evidence to prove our own worth or our opponent's worthlessness. Other arguments about a witness-that he is a friend or an enemy or neutral, or has a good, bad, or indifferent reputation, and any other such distinctions-we must construct upon the same general lines as we use for the regular rhetorical proofs.

Concerning contracts argument can be so far employed as to increase or diminish their importance and their credibility; we shall try to increase both if they tell in our favour, and to diminish both if they tell in favour of our opponent. Now for confirming or upsetting the credibility of contracts the procedure is just the same as for dealing with witnesses, for the credit to be attached to contracts depends upon the character of those who have signed them or have the custody of them. The contract being once admitted genuine, we must insist on its importance, if it supports our case. We may argue that a contract is a law, though of a special and limited kind; and that, while contracts do not of course make the law binding, the law does make any lawful contract binding, and that the law itself as a whole is a of contract, so that any one who disregards or repudiates any contract is repudiating the law itself. Further, most business relations-those, namely, that are voluntary-are regulated by contracts, and if these lose their binding force, human intercourse ceases to exist. We need not go very deep to discover the other appropriate arguments of this kind.

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