Download Cicero the Advocate by Jonathan Powell, Jeremy Paterson PDF

By Jonathan Powell, Jeremy Paterson

This is often 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 to blame. It seeks to set the speeches in the context of the court docket process of the overdue Roman Republic and to discover intimately the suggestions to be had to Roman advocates to win the votes of jurors. the amount contains a considerable advent, fourteen chapters by means of well-known Ciceronian students in Britain, North the United States, and Germany, and a last bankruptcy by means of a present British allure courtroom pass judgement on who reviews on Cicero's innovations from the viewpoint of a contemporary suggest. The creation offers with matters in regards to the normal nature of advocacy, the Roman courtroom process compared with different historic and sleek structures, 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 broadcast texts of the speeches as we've got them and the speeches really introduced in courtroom. the 1st 8 chapters talk about normal topics: felony approach in Cicero's time, Cicero's Italian consumers, Cicero's tools of starting off 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 particularly within the concluding sections of his speeches. Chapters 9-14 research a variety of specific speeches as case studies--In Verrem II.1 (from Cicero's in simple terms significant extant prosecution case), seasoned Archia, De Domo Sua, seasoned Caecina, professional Cluentio, professional Ligario. those speeches disguise the interval of the peak of Cicero's occupation, from 70 BC, while Cicero turned stated because the top Roman recommend, to forty nine BC whilst Caesar's dictatorship required Cicero to conform his well-tried forensic recommendations to greatly new conditions, they usually include arguments on quite a lot of subject-matter, together with provincial maladministration, usurpation of citizenship rights, violent dispossession, the spiritual legislation in terms 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 advent and within the extra basic chapters. An appendix lists all Cicero's identified appearances as an recommend.

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Cicero the Advocate

This is often 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 court docket process of the overdue Roman Republic and to discover intimately the concepts to be had to Roman advocates to win the votes of jurors.

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125 Pannick, Advocates, 17 records modern instances of this type of thing, arising from the failure 126 of advocates to consult properly beforehand. Cf. above, at n. 61. Introduction  Speeches such as this, in which irrelevance appears (but only appears) to reign supreme, are exceptions, and can be explained. In those cases where Cicero appeared as sole advocate, there is not usually any problem of this kind. In the surviving private speeches—Pro Quinctio, Pro Roscio Comoedo, Pro Caecina—the argument is directed entirely to the issue in the case.

125 One thing at least is clear: the order of the advocates’ speeches must have been fixed in advance, and it is a well-known fact that Cicero himself usually spoke last (cf. Brut. 190), so that he could make the greatest impression on the jury, particularly in the sphere of commiseratio (appeal to pity) in which he was acknowledged to excel. This fact also explains the apparent peculiarities of speeches such as the Pro Caelio which do not appear to address themselves properly to the matter in hand.

Quintilian takes the lawyer’s view that it was the soundness of the case that mattered, not Cicero’s past personal relations with his client (an implausible view in this case, since Gabinius was found guilty). 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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