with reference to the advantage and benefit
of the republic. For as it is not right to think that anything results
from medicine except what has reference to the advantage of the body,
since it is for the sake of the body that the science of medicine has
been established; so it is desirable to think that nothing proceeds
from the laws except what is for the advantage of the republic, since
it is for the sake of the republic that laws were instituted.

Therefore, while deciding on this point, cease to inquire about the
strict letter of the law, and consider the law (as it is reasonable to
do) with reference to the advantage of the republic. For what was more
advantageous for the Thebans than for the Lacedaemonians to be put
down? What object was Epaminondas, the Theban general, more bound
to aim at than the victory of the Thebans? What had he any right to
consider more precious or more dear to him, than the great glory then
acquired by the Thebans, than such an illustrious and magnificent
trophy? Surely, disregarding the letter of the law, it became him to
consider the intention of the framer of the law. And this now has been
sufficiently insisted on, namely, that no law has ever been drawn
up by any one, that had not for its object the benefit of the
commonwealth. He then thought that it was the very extremity of
madness, not to interpret with reference to the advantage of the
republic, that which had been framed for the sake of the safety of the
republic. And it is right to interpret all laws with reference to the
safety of the republic; and if he was a great instrument of the safety
of the republic, certainly it is quite impossible that he by one and
the same action should have consulted the general welfare, and yet
should have violated the laws.

XXXIX. But argumentation consists of four parts, when we either
advance a proposition, or claim an assumption without proof. That it
is proper to do when either the proposition is understood by its own
merits, or when the assumption is self-evident and is in need of no
proof. If we pass over the proof of the proposition, the argumentation
then consists of four parts, and is conducted in this manner:--"O
judges, you who are deciding on your oaths, in accordance with the
law, ought to obey the laws; but you cannot obey the laws unless
you follow that which is written in the law. For what more certain
evidence of his intention could the framer of a law leave behind him,
than