Quintilian, Institutio Oratoria, Harold Edgeworth Butler (Translator), 9.2.87

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[87] But it would be waste of time to expatiate on one controversial theme. I would lay it down as a general rule that an orator should never put forward a plea that is tantamount to collusion, and I cannot imagine a lawsuit arising in which both parties have the same design, nor conceive that any man who wishes to live could be such a fool as to put forward an absurd plea for death, when he might refrain from pleading for it at all. ¹ I do not, however,

Institutio Oratoria. Quintilian. Harold Edgeworth Butler (Translator). Cambridge, Mass.. 1920-1922.

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Current edition Perseus

Institutio Oratoria (English) (Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.)

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Institutio Oratoria Perseus (Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, editor. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.) — 9.2.87 focus

[87] ego in universum neque oratoris puto esse unquam praevaricari, neque litem intelligo, in qua pars utraque idem velit, neque tam stultum quemquam, qui, si vivere vult, mortem potius male petat quam omnino non petat.

Notes on the current edition

Institutio Oratoria

1. The father does not wish to die, but merely to bring odium on his son, i.e. he is saying one thing and meaning another, for his real desire is to save his life. Consequently, despite their quarrel, both parties are aiming at the same thing, the saving of the father, while the father's plea is practically tantamount to collusion ( praevaricatio ) with his opponent.

Quintilian Institutio Oratoria 9.2.87

Harold Edgeworth Butler (Translator)

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