Kitap 1
14.7
So too, again, when a man offends against the unwritten laws of right, for there is greater merit in doing right without being compelledAnd therefore the violation of them is more discreditable.; now the written laws involve compulsion, the unwritten do not. Looked at in another way, wrongdoing is greater, if it violates the written laws; for a man who commits wrongs that alarm himWhen he thinks of the punishment they may entail. and involve punishment, will be ready to commit wrong for which he will not be punished. Let this suffice for the treatment of the greater or less degree of wrongdoing.
15.1
Following on what we have just spoken of, we have now briefly to run over what are called the inartificial proofs, for these properly belong to forensic oratory.
15.2
These proofs are five in number: laws, witnesses, contracts, torture, oaths.
15.3
Let us first then speak of the laws, and state what use should be made of them when exhorting or dissuading,Although the use of inartificial proofs is almost entirely confined to forensic oratory, they may be used in deliberative oratory. accusing or defending.
15.4
For it is evident that, if the written law is counter to our case, we must have recourse to the general law and equity, as more in accordance with justice;
15.5
and we must argue that, when the dicast takes an oath to decide to the best of his judgement, he means that he will not abide rigorously by the written laws;
