A Rule That Bends: Aristotle on Pathos and Equity

Abstract

ABSTRACT Aristotle says in the Rhetoric that leading judges into passions is like warping a rule or kanon before using it. Rather than seeing this as an exclusion of emotion from rhetoric, I argue that the ability for the pathe to bend judgment has its appropriate use in achieving equity. The pathe are themselves a kanon, resembling the soft, leaden rule used by Lesbian masons, referred to in his discussion of equity in the Nicomachean Ethics. In problematic cases, the rigidity of law requires the correction of a judge's pathetic capacity. I then read Lysias's Against Simon, a speech given under strict relevancy requirements, to show how the pathe are used in the narration of the accused party in seeking an equitable judgment. I conclude with how such a view may inform contemporary rhetorical inquiry on the emotions.