By Malcolm Heath
Old colleges of rhetoric taught scholars tips to devise arguments in criminal and political disputes, and the way to specific them. Many students think that those thoughts more and more misplaced their functional relevance below the Roman Empire. This distinct reassessment of the background and social importance of rhetoric in past due antiquity indicates the way it was once taught, and why the abilities it promoted have been nonetheless believed to have a right away program within the next careers of the rhetoricians' pupils.
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Extra resources for Menander: A Rhetor in Context
14; cf. 9. Chronology: Schenkeveld 1991, 493 f. ³³ Quintilian’s opponents: Winterbottom 1995, 317–21. Philostratus’ description (VS 590) of Hadrian of Tyre as ‘not ordered (τεταγμένος) nor adhering to theory (τῇ τέχνῃ ἑπόμενος)’ in his performances looks similar. Is Philostratus saying that Hadrian does not adhere to the principles of order laid down in theoretical texts (a hendiadys)? Or that he follows neither natural order (τάξις) nor artiﬁcial (τεχνικός) order? Or that, as well as the lack of order, he has other unspeciﬁed technical faults?
But since the jurisdiction in our example is ﬁctitious there is no determinate answer to the procedural question of who speaks ﬁrst. I have assumed that the young man initiates a case to block the choice with the woman as respondent, but one could also imagine the woman petitioning to be allowed to make the choice and the young man replying. 3 Issue-Theory: An Illustration 13 this in turn may be met with a counterplea (ἀντίληψις), reasserting its legitimacy. The concluding heads, quality (ποιότης) and intention (γνώμη), examine the character and intention of the parties with a view to amplifying (or diminishing) the reward or punishment they deserve.
Kaster 2001 has good observations on rape in declamation themes, including (331–4) a discussion (and partial translation) of Decl. Min. 309. For an introduction to the conventionalized setting of declamations: Russell 1983, 21–39. indd 11 21/6/04 12:55:25 pm 12 The Second Century: Transformation in relation to the paradigm. ¹⁶ The woman’s advocate must argue that the absence of a confessed or convicted rapist makes a material diﬀerence suﬃcient to disqualify her initial expression of preference as a valid choice.