Page - 2206 - in The Complete Aristotle

by, him. If you agree to accept an oath, you may argue that you trust yourself but not your opponent; and that (to invert the remark of Xenophanes) the fair thing is for the impious man to offer the oath and for the pious man to accept it; and that it would be monstrous if you yourself were unwilling to accept an oath in a case where you demand that the judges should do so before giving their verdict. If you wish to offer an oath, you may argue that piety disposes you to commit the issue to the gods; and that your opponent ought not to want other judges than himself, since you leave the decision with him; and that it is outrageous for your opponents to refuse to swear about this question, when they insist that others should do so. Now that we see how we are to argue in each case separately, we see also how we are to argue when they occur in pairs, namely, when you are willing to accept the oath but not to offer it; to offer it but not to accept it; both to accept and to offer it; or to do neither. These are of course combinations of the cases already mentioned, and so your arguments also must be combinations of the arguments already mentioned. If you have already sworn an oath that contradicts your present one, you must argue that it is not perjury, since perjury is a crime, and a crime must be a voluntary action, whereas actions due to the force or fraud of others are involuntary. You must further reason from this that perjury depends on the intention and not on the spoken words. But if it is your opponent who has already sworn an oath that contradicts his present one, you must say that if he does not abide by his oaths he is the enemy of society, and that this is the reason why men take an oath before administering the laws. ‘My opponents insist that you, the judges, must abide by the oath you have sworn, and yet they are not abiding by their own oaths.’ And there are other arguments which may be used to magnify the importance of the oath. [So much, then, for the ‘non-technical’ modes of persuasion.] 2206