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Download e-book for kindle: Cicero the Advocate by Jonathan Powell, Jeremy Paterson

By Jonathan Powell, Jeremy Paterson

ISBN-10: 0198152809

ISBN-13: 9780198152804

ISBN-10: 0199298297

ISBN-13: 9780199298297

This can be the 1st booklet 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 accountable. It seeks to set the speeches in the context of the courtroom approach of the past due Roman Republic and to discover intimately the suggestions on hand to Roman advocates to win the votes of jurors. the quantity contains a considerable creation, fourteen chapters via well-known Ciceronian students in Britain, North the United States, and Germany, and a last bankruptcy by means of a present British attraction courtroom pass judgement on who reviews on Cicero's innovations from the viewpoint of a contemporary recommend. The creation bargains with matters about the basic nature of advocacy, the Roman courtroom process in comparison with different historical and smooth structures, the Roman "profession" of advocacy and its etiquette, where of advocacy in Cicero's profession, the traditional thought of rhetoric and argument as utilized to court advocacy, and the connection among the printed texts of the speeches as we have now them and the speeches really added in courtroom. the 1st 8 chapters speak about common topics: criminal approach in Cicero's time, Cicero's Italian consumers, Cicero's tools of commencing or alluding to the evidence of a case, his use of felony arguments, arguments from personality, invective, self-reference, and emotional allure, the final of those particularly within the concluding sections of his speeches. Chapters 9-14 learn more than a few 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, seasoned Cluentio, seasoned Ligario. those speeches disguise the interval of the peak of Cicero's occupation, from 70 BC, while Cicero turned stated because the prime Roman recommend, to forty nine BC while Caesar's dictatorship required Cicero to evolve his well-tried forensic innovations to vastly new situations, they usually 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 creation and within the extra basic chapters. An appendix lists all Cicero's identified appearances as an suggest.

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Jonathan Powell and Jeremy Paterson taken into consideration by the jury along with the rest of the arguments. Cicero’s use of legal arguments is discussed in Chapter 5. 115 The Roman court had its procedures laid down by the statute that governed it: the number and status of the judges, the time within which a trial had to take place (allowing for the collection of evidence and so on), the time allowed for the trial itself including any mandatory adjournment (comperendinatio), the order in which the prosecution and defence presented their cases and the time allowed for each, the time allocated for the examination of witnesses, and other matters relating to the discipline of the court.

106 Mur. 7–10 is particularly interesting. Servius Sulpicius had apparently complained that Cicero was neglecting the duties of friendship in opposing him and defending his rival Murena. Cicero responds that an advocate’s duty is to defend anyone, ‘etiam alienissimos’, and that Sulpicius himself as a jurist is in the habit of giving legal advice to his friends’ opponents and even to his own. Again this looks at first glance like a statement of the cab-rank rule, but Cicero again spoils it (from a modern point of view) by claiming that Murena is his friend anyway.

See above, p. 21, n. 81. 110 It was easier in Latin, because counsel for the plaintiff was also said defendere causam.  Jonathan Powell and Jeremy Paterson The word ‘court’ is conventionally used to translate the Latin iudicium, which means both the judicial decision on a case and the tribunal which makes the decision. A iudicium could consist, at one extreme, of a single judge (iudex, usually with a co-opted panel of advisers ‘qui in consilio sunt ’) appointed to decide a civil issue, or, at the other extreme, of the comitia centuriata, theoretically the whole Roman People in quasi-military order, which could still be convened to hear cases of high treason ( perduellio) as in the case of Rabirius in 63.

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Cicero the Advocate by Jonathan Powell, Jeremy Paterson


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