[84]
Consequently the usual excuse advanced by such
declaimers to the effect that the inventor of the
theme meant the defence to proceed on these lines,
will not always serve their purpose. It is possible
that this was not the inventor's wish. However, let
us assume that it was. Are we then to speak like
fools merely because he thought like a fool? Personally I hold that, even in actual cases, we should
often disregard the wishes of the litigant.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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