for everyone exalts his own merits, everyone magnifies even the smallest matters which he has bestowed upon another. Besides this, those things which form the subject of a judicial inquiry can be distinctly defined, and cannot afford unlimited licence to the judge; wherefore a good cause is in a better position if it be tried before a judge than before an arbitrator, because the words of the law tie down a judge and define certain limits beyond which he may not pass, whereas the conscience of an arbitrator is free and not fettered by any rules, so that he can either give or take away, and can arrange his decision, not according to the precepts of law and justice, but just as his own kindly feeling or compassion may prompt him. An action for ingratitude would not bind a judge, but would place him in the position of an autocrat. It cannot be known what or how great a benefit is; all that would be really important would be, how indulgently the judge might interpret it. No law defines an ungrateful person, often, indeed, one who repays what he has received is ungrateful, and one who has not returned it is grateful.
940