lītigātiō

1. Disceptatio, litigatio, and controversia, are dissensions, the settling of which is attempted quietly, and in an orderly way; contentio, altercatio, and jurgium, such as are conducted with passion and vehemence, but which are still confined to words; rixæ (ὀρέκτης) such as, like frays and broils come to blows, or at least threaten to come to blows, and are mid-way between jurgium and pugna. Liv. xxxv. 17. Ex disceptatione altercationem fecerunt. Tac. Hist. i. 64. Jurgia primum, mox rixa inter Batavos et legionarios. Dial. 26. Cassius Severus non pugnat, sed rixatur. 2. Controversia takes place between two parties the moment they place themselves in array on opposite sides; disceptatio, when they commence disputing with each other, in order to arrive at the path of truth, or to discover what is right, but without a hostile feeling; litigatio, when a hostile feeling and a personal interest are at the bottom of the dispute. 3. Contentio would maintain the right against all opponents, and effect its purpose, whatever it may be, by the strenuous exertion of all its faculties; altercatio would not be in debt to its opponent a single word, but have the last word itself; jurgium (from ὀργή) will, without hearkening to another, give vent to its ill-humor by harsh words. Contentio presents the serious image of strenuous exertion; altercatio, the comic image of excessive heat, as in women’s quarrels; jurgium, the hateful image of rude anger. (v. 274.)