By Jonathan Powell, Jeremy Paterson

ISBN-10: 0198152809

ISBN-13: 9780198152804

ISBN-10: 0199298297

ISBN-13: 9780199298297

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 in charge. It seeks to set the speeches in the context of the courtroom approach 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 via favorite Ciceronian students in Britain, North the United States, and Germany, and a last bankruptcy via a present British attraction court docket pass judgement on who reviews on Cicero's suggestions from the perspective of a contemporary suggest. The advent bargains with concerns about the common nature of advocacy, the Roman courtroom procedure compared with different historical and smooth structures, the Roman "profession" of advocacy and its etiquette, where of advocacy in Cicero's profession, the traditional conception of rhetoric and argument as utilized to court advocacy, and the connection among the broadcast texts of the speeches as we've them and the speeches truly added in courtroom. the 1st 8 chapters speak 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 allure, the final of those specially within the concluding sections of his speeches. Chapters 9-14 research quite a number specific speeches as case studies--In Verrem II.1 (from Cicero's in basic terms 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 occupation, from 70 BC, while Cicero turned said because the major Roman suggest, to forty nine BC whilst Caesar's dictatorship required Cicero to evolve his well-tried forensic options 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 on the subject of 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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From Cicero’s time onwards, prospective advocates received formal training in rhetoric, and got the law they needed ad hoc for each particular case. It is a matter for surprise to modern readers that it was possible for Cicero in open court to make fun of the technicalities of the law and of the jurisconsults who were the real legal specialists (Pro Murena 23–9). By contrast, at least until very recently, the modern legally trained English barrister was given no formal instruction in advocacy; those starting at the Bar had to rely on native wit, imitation of prominent practitioners, or the occasional helpful handbook—or, of course, on Cicero, if they happened to remember anything about him from school or university.

Obviously he could not do both, and he was reluctant to come down on either side; to prosecute would have offended Pompey, but at that stage he regarded the prospect of reconciliation with his former enemy (necessary in order to appear for the defence) as ‘eternal infamy’ (Q. Fr. 3). He was then requested to appear as a witness for the prosecution, in which role he duly appeared in court; but his testimony was so restrained that Gabinius not only declined to cross-examine but averred that, if acquitted, he would make it up with Cicero.

Dio, hostile to Cicero as always, says that the episode earned him a reputation as a turncoat. From Cicero’s letters we learn more: shortly before the repetundae trial, Gabinius had been indicted for maiestas. Cicero was in demand as advocate for both the prosecution and the defence. Obviously he could not do both, and he was reluctant to come down on either side; to prosecute would have offended Pompey, but at that stage he regarded the prospect of reconciliation with his former enemy (necessary in order to appear for the defence) as ‘eternal infamy’ (Q.

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Cicero the Advocate by Jonathan Powell, Jeremy Paterson

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