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Translated by W. Roberts.
128 pages - You are on Page 60
In regard to oaths, a fourfold division can be made. A man may either both offer and accept an oath, or neither, or one without the other-that is, he may offer an oath but not accept one, or accept an oath but not offer one. There is also the situation that arises when an oath has already been sworn either by himself or by his opponent.
If you refuse to offer an oath, you may argue that men do not hesitate to perjure themselves; and that if your opponent does swear, you lose your money, whereas, if he does not, you think the judges will decide against him; and that the risk of an unfavourable verdict is prefer, able, since you trust the judges and do not trust him.
If you refuse to accept an oath, you may argue that an oath is always paid for; that you would of course have taken it if you had been a rascal, since if you are a rascal you had better make something by it, and you would in that case have to swear in order to succeed. Thus your refusal, you argue, must be due to high principle, not to fear of perjury: and you may aptly quote the saying of Xenophanes,
"'Tis not fair that he who fears not God
"should challenge him who doth. "
It is as if a strong man were to challenge a weakling to strike, or be struck by, him.
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