[46]
These
they then subdivided into species, placing definition
under the head of the legal basis, together with all
others which are concerned with the letter of the law:
such as that of contradictory laws, or ἀντινομία that
which rests on the letter of the law and on meaning
or intention (which the Greeks call κατὰ ῥητὸν καὶ διάνοιαν and μετάληψις to which latter we give various
names, styling it the translative, transumptive or transpositive basis1; the syllogism, which we call the
ratiocinative or deductive basis; and those which turn
on ambiguity or ἀμφιβολία. I mention these because
they are called bases by most writers, though some
prefer to call them legal questions.
1 Concerned with questions of competence.
Quintilian. With an English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1920.
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