By Jonathan Powell, Jeremy Paterson
This is often the 1st e-book in English to take Cicero's forensic speeches heavily as acts of advocacy, i.e. as designed to make sure that the individual he represents is acquitted or that the individual he's prosecuting is located to blame. It seeks to set the speeches in the context of the courtroom approach of the overdue Roman Republic and to discover intimately the suggestions to be had to Roman advocates to win the votes of jurors. the quantity includes a considerable creation, fourteen chapters through well known Ciceronian students in Britain, North the US, and Germany, and a last bankruptcy via a present British charm courtroom pass judgement on who reviews on Cicero's ideas from the viewpoint of a contemporary recommend. The creation bargains with concerns in regards to the normal nature of advocacy, the Roman courtroom procedure in comparison with different old and sleek platforms, the Roman "profession" of advocacy and its etiquette, where of advocacy in Cicero's profession, the traditional concept of rhetoric and argument as utilized to court advocacy, and the connection among the printed texts of the speeches as we've got them and the speeches truly brought in court docket. the 1st 8 chapters talk about normal topics: felony method in Cicero's time, Cicero's Italian consumers, Cicero's equipment of commencing or alluding to the evidence of a case, his use of criminal arguments, arguments from personality, invective, self-reference, and emotional attraction, the final of those specifically within the concluding sections of his speeches. Chapters 9-14 study various specific speeches as case studies--In Verrem II.1 (from Cicero's purely significant extant prosecution case), professional Archia, De Domo Sua, seasoned Caecina, seasoned Cluentio, professional Ligario. those speeches conceal the interval of the peak of Cicero's occupation, from 70 BC, whilst Cicero turned said because the prime Roman recommend, to forty nine BC while Caesar's dictatorship required Cicero to evolve his well-tried forensic strategies to significantly new conditions, and so they comprise arguments on quite a lot of subject-matter, together with provincial maladministration, usurpation of citizenship rights, violent dispossession, the non secular legislations in relation to the consecration of estate, poisoning, bribery, and political offences. different speeches, together with all of the better-known ones, are used as illustrative examples within the advent and within the extra common chapters. An appendix lists all Cicero's recognized appearances as an recommend.
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Extra resources for Cicero the Advocate
In addition to ‘guilty’ (condemno) or ‘not guilty’ (absolvo) there was the opportunity to vote non liquet, ‘not proven’ as Scottish law has it. Trials took place in the Forum in the open air and could easily attract the attention of the crowd; the ring of casual spectators (quaintly called the corona or ‘garland’) was a regular feature of Roman trials, and advocates found it as important to gain their favour as much as to gain that of the jury (Cicero uses this as an excuse 117 for his philosophical philistinism in the Pro Murena).
Tac. Dial. 37 ff. Cf. Crook, Legal Advocacy, 17–18. Introduction v. Advocacy in Cicero’s Career As a social class the wealthy landowners of Roman Italy were committed to a strongly developed ethic of public service for the benefit of their fellow-citizens. 23). The particular way in which Scipio found himself at odds with the Roman ethos was that ‘I choose not to be an advocate in court’; he preferred to spend his time cutting a dash in the hunting field.
Scaevola the famous jurist, who as advocate for the other side had argued for strict legal interpretation. Cf. also Mur. 29 ‘vestra responsa . . evertuntur saepe dicendo’. At any rate until very recently, the English courts have taken a similarly dismissive attitude to the opinions of academic lawyers. 116 The procedure varied somewhat from one court to another; that of the repetundae court was somewhat more complex, and the special court convened to try Milo heard the witnesses first and the advocates afterwards, contrary to the usual practice.