第30章 15(2)

The evidence of witnesses may refer either to ourselves or to our opponent; and either to questions of fact or to questions of personal character: so, clearly, we need never be at a loss for useful evidence. For if we have no evidence of fact supporting our own case or telling against that of our opponent, at least we can always find evidence to prove our own worth or our opponent's worthlessness. Other arguments about a witness-that he is a friend or an enemy or neutral, or has a good, bad, or indifferent reputation, and any other such distinctions-we must construct upon the same general lines as we use for the regular rhetorical proofs.

Concerning contracts argument can be so far employed as to increase or diminish their importance and their credibility; we shall try to increase both if they tell in our favour, and to diminish both if they tell in favour of our opponent. Now for confirming or upsetting the credibility of contracts the procedure is just the same as for dealing with witnesses, for the credit to be attached to contracts depends upon the character of those who have signed them or have the custody of them. The contract being once admitted genuine, we must insist on its importance, if it supports our case. We may argue that a contract is a law, though of a special and limited kind; and that, while contracts do not of course make the law binding, the law does make any lawful contract binding, and that the law itself as a whole is a of contract, so that any one who disregards or repudiates any contract is repudiating the law itself. Further, most business relations-those, namely, that are voluntary-are regulated by contracts, and if these lose their binding force, human intercourse ceases to exist. We need not go very deep to discover the other appropriate arguments of this kind. If, however, the contract tells against us and for our opponents, in the first place those arguments are suitable which we can use to fight a law that tells against us. We do not regard ourselves as bound to observe a bad law which it was a mistake ever to pass: and it is ridiculous to suppose that we are bound to observe a bad and mistaken contract. Again, we may argue that the duty of the judge as umpire is to decide what is just, and therefore he must ask where justice lies, and not what this or that document means. And that it is impossible to pervert justice by fraud or by force, since it is founded on nature, but a party to a contract may be the victim of either fraud or force. Moreover, we must see if the contract contravenes either universal law or any written law of our own or another country; and also if it contradicts any other previous or subsequent contract; arguing that the subsequent is the binding contract, or else that the previous one was right and the subsequent one fraudulent-whichever way suits us. Further, we must consider the question of utility, noting whether the contract is against the interest of the judges or not; and so on-these arguments are as obvious as the others.