Cicero the Advocate by Jonathan Powell, Jeremy Paterson

By Jonathan Powell, Jeremy Paterson

This can be the 1st ebook 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 responsible. It seeks to set the speeches in the context of the courtroom procedure of the overdue Roman Republic and to discover intimately the options to be had to Roman advocates to win the votes of jurors. the quantity includes a considerable advent, fourteen chapters by way of fashionable Ciceronian students in Britain, North the US, and Germany, and a last bankruptcy via a present British allure courtroom pass judgement on who reviews on Cicero's ideas from the perspective of a contemporary suggest. The advent offers with matters about the normal nature of advocacy, the Roman court docket approach in comparison with different historic and glossy platforms, the Roman "profession" of advocacy and its etiquette, where of advocacy in Cicero's occupation, the traditional thought of rhetoric and argument as utilized to court docket advocacy, and the connection among the broadcast texts of the speeches as we now have them and the speeches truly added in courtroom. the 1st 8 chapters speak about common issues: felony process in Cicero's time, Cicero's Italian consumers, Cicero's tools of taking off or alluding to the evidence of a case, his use of felony arguments, arguments from personality, invective, self-reference, and emotional charm, the final of those particularly within the concluding sections of his speeches. Chapters 9-14 research a number of specific speeches as case studies--In Verrem II.1 (from Cicero's purely significant extant prosecution case), seasoned Archia, De Domo Sua, seasoned Caecina, professional Cluentio, professional Ligario. those speeches conceal the interval of the peak of Cicero's profession, from 70 BC, while Cicero grew to become said because the best Roman recommend, to forty nine BC while Caesar's dictatorship required Cicero to conform his well-tried forensic suggestions to tremendously new situations, and so they comprise arguments on a variety of subject-matter, together with provincial maladministration, usurpation of citizenship rights, violent dispossession, the spiritual legislation 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 creation and within the extra normal chapters. An appendix lists all Cicero's recognized appearances as an suggest.

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84 Cf. D. Berry, Pro Sulla, introd. 10; E. S. Gruen, The Last Generation of the Roman Republic (Berkeley, 1974) 283. Introduction  arguing simply that he had refused to defend Autronius because he was guilty, whereas he was now defending Sulla because he was innocent. Cicero is quite open about his claim to have made up his mind about both cases before deciding whether to take them on. Certainly Cicero countenanced the possibility that an advocate might honourably refuse a defence brief (for reasons other than that he knew the defendant to be guilty).

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.

85 Amm. Marc. 7 ‘non defendi homines sine vituperatione fortasse posse, neglegenter defendi sine scelere non posse’. There is no clue as to which lost work of Cicero this comes from. The whole context in Ammianus, a vitriolic attack on the advocates of the historian’s own time, is well worth reading as a curiosity. 86 See Att. 1, Fam. 2 for an instance: one Tigellius asked Cicero to appear for him on the same day as he was due to appear for P. Sestius in 52 BC (not the Pro Sestio but a later trial of Sestius on a bribery charge).

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