[44]
Again, there are questions concerned with numerical quantity which turn on a
point of law, such as the questions whether thirty
[p. 133]
rewards are due to Thrasybulus,1 or whether, when
two thieves have stolen a sum of money, they are
each to be required to refund fourfold or twofold.
But in these cases, too, valuation of the act is
necessary, and yet the point of law also turns on
quality.
V. He who neither denies nor defends his act nor
asserts that it was of a different nature from that
alleged, must take his stand on some point of law
that tells in his favour, a form of defence which
generally turns on the legality of the action brought
against him.
1 i.e. for his overthrow of the thirty tyrants; cp. II. vi. 26.
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