Page:Aristotle (Grant).djvu/95

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LAW AND EQUITY.
85

before him a clear idea of what constitutes virtue, and of what is, or is considered, most honourable among men. And for his benefit Aristotle inserts a chapter on these subjects, though they more properly belong to moral science. He adds, however, some hints on the rhetorical device of amplification in laudatory, or other, statements. He appends the remark that a knowledge of the theory of virtue is necessary for the deliberative orator also, for the purposes of exhortation and advice. He thus would evidently class hortative addresses, like the modem sermon, under the head of deliberative oratory.

For the use of the forensic orator, who has to argue in accusation or defence, the following equipment of knowledge is provided by Aristotle: 1st, A brief summary of the motives of human action; 2d, An analytical account of pleasure and things pleasurable—for these figure most prominently among human motives; 3d, An analysis of the moods of mind in which men commit injustice; 4th, A distinction between different kinds of law and right ; 5th, Remarks on degrees of guilt; and, 6th, Hints for dealing with statutes, documents, and the evidence of witnesses whether these be for or against the orator. Under the 4th head, Aristotle has some fine remarks on the universal law of nature, and on equity.[1] As a specimen the latter may be quoted:—

“It is equity to pardon human feelings, and to look

  1. Epieikeia,—that quality which Mr Matthew Arnold defines as “a sweet reasonableness.”