Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book VI Chapter 4.
Quintilian discusses “altercation” as a valid tactic of rhetoric, though it is essentially a last resort (Quintilian VI.4.1). Because it belongs to invention, the first part of rhetoric, he addresses it here. As opposed to continuous speech, the altercation opens the door for discussion rather than monologue (Quintilian VI.4.4). “For such disputation, then, there is need, in the first place, of a quick and active intellect, and of a ready and keen judgment” (Quintilian VI.4.8). This requires exhaustive knowledge of the case. There is no place for actual passion, though it may be simulated (Quintilian VI.4.10). The acute mind is most important, as the speaker must keep the discussion focused on the actual matter (Quintilian VI.4.12). Quintilian suggests that the altercation is the ideal place for the orator to choose not to disclose something he knows, which can later undermine the opposing argument, or to release information which may bring forth incriminating evidence in the heat of the moment (Quintilian VI.4.18). The rhetorician will meanwhile observe the judge to see what causes reactions (Quintilian VI.4.19).