[59]
I am
consequently surprised that there should be a
violent dispute between the leaders of two opposite
schools as to whether such commonplaces should be
applied to individual questions (which is the view of
Theodorus), or whether the judge should be instructed in the facts before any appeal is made to
his feelings (the latter being the view of Apollodorus), as though no middle course were possible and
no regard were to be had to the exigencies of the
case itself. Those who lay down such rules have no
experience of speaking in the actual courts, the
result being that text-books composed in the calm
leisure of the study are sadly upset by the necessities of forensic strife.
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