Aristotle RHETORIC Complete

Translated by W. Roberts.

Aristotle Bilingual Anthology  Studies  Aristotle in Print

128 pages - You are on Page 59

If, however, the contract tells against us and for our opponents, in the first place those arguments are suitable which we can use to fight a law that tells against us. We do not regard ourselves as bound to observe a bad law which it was a mistake ever to pass: and it is ridiculous to suppose that we are bound to observe a bad and mistaken contract. Again, we may argue that the duty of the judge as umpire is to decide what is just, and therefore he must ask where justice lies, and not what this or that document means. And that it is impossible to pervert justice by fraud or by force, since it is founded on nature, but a party to a contract may be the victim of either fraud or force. Moreover, we must see if the contract contravenes either universal law or any written law of our own or another country; and also if it contradicts any other previous or subsequent contract; arguing that the subsequent is the binding contract, or else that the previous one was right and the subsequent one fraudulent-whichever way suits us. Further, we must consider the question of utility, noting whether the contract is against the interest of the judges or not; and so on-these arguments are as obvious as the others.

Examination by torture is one form of evidence, to which great weight is often attached because it is in a sense compulsory. Here again it is not hard to point out the available grounds for magnifying its value, if it happens to tell in our favour, and arguing that it is the only form of evidence that is infallible; or, on the other hand, for refuting it if it tells against us and for our opponent, when we may say what is true of torture of every kind alike, that people under its compulsion tell lies quite as often as they tell the truth, sometimes persistently refusing to tell the truth, sometimes recklessly making a false charge in order to be let off sooner. We ought to be able to quote cases, familiar to the judges, in which this sort of thing has actually happened. [We must say that evidence under torture is not trustworthy, the fact being that many men whether thick-witted, tough-skinned, or stout of heart endure their ordeal nobly, while cowards and timid men are full of boldness till they see the ordeal of these others: so that no trust can be placed in evidence under torture.]

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