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The art of persuasion, as practised today in political debate as well as in the courts of law, has been developed in the rhetorical tradition, but its authors have disappeared from view. One of them was Quintilian, who wrote his Institutio oratoria at the end of the first century AD. This book is special because it contains one of the fullest surveys of rhetorical insights ever written and because it has come down to us in its entirety. Quintilian's rhetorical system has been used in teaching rhetoric at universities since the Middle Ages. The purpose of 'Quintilian and the Law' is to reintroduce Quintilian's Institutio oratoria to modern readers, and to show that the topics discussed in it are still very much alive today. To that end, modern experts of law and rhetoric present their views on the Institutio oratoria, each dealing with one of the twelve books of which it consists. The authors were free to choose their own way of working, so that some books are described in their entirety, others are discussed from one particular point of view, and others still are treated only with regard to a particular section. In Roman times, the shortest way to a political career was by working in the law courts. There, one could acquire a reputation for having a thorough knowledge of the law and for being able to speak well in public. In his Institutio oratoria, Quintilian not only formulated important insights in juridical argumentation, in the art of speech-writing, and in the performative aspects of advocacy, he also discussed the ethical problems involved. Because Quintilian larded his instructions with numerous examples from practice, his book takes us back into the Roman law courts and helps us experience their exciting atmosphere. The essays in this book reflect the wide range of subjects discussed by Quintilian. They deal with (one of) six themes: (1) the ideal orator in a historical perspective, (2) his education, (3) rhetoric and communication, (4) argumentation, (5) Roman law in the Institutio oratoria, and (6) emotions in the courtroom. However, in honour of its author, they are arranged in the order of the Institutio oratoria.
The Oxford Handbook of Quintilian aims to trace Quintilian's influence on the theory and practice of rhetoric and education up to the present. Chapters cover topics including Quintilian's Institutio oratoria, his views on education and literary criticism, and his reception and influence.
Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.
Offers a radical re-appraisal of rhetoric's relation to literature, with fresh insights into rhetorical sources and their reception in Roman poetry.
Mock trial--Roman style. The Lesser Declamations, dating perhaps from the second century AD and attributed to Quintilian, might more accurately be described as emanating from "the school of Quintilian." The collection--here made available for the first time in translation--represents classroom materials for budding Roman lawyers. The instructor who composed these specimen speeches for fictitious court cases adds his comments and suggestions concerning presentation and arguing tactics--thereby giving us insight into Roman law and education. A wide range of scenarios is imagined. Some evoke the plots of ancient novels and comedies: pirates, exiles, parents and children in conflict, adulterers, rapists, and wicked stepmothers abound. Other cases deal with such matters as warfare between neighboring cities, smuggling, historical (and quasi-historical) events, tyrants and tyrannicides. Two gems are the speech opposing a proposal to equalize wealth, and the case of a Cynic youth who has forsworn worldly goods but sues his father for cutting off his allowance. Of the original 388 sample cases in the collection, 145 survive. These are now added to the Loeb Classical Library in a two-volume edition, a fluent translation by D. R. Shackleton Bailey facing an updated Latin text.
The Lesser Declamations, dating perhaps from the second century CE and attributed to Quintilian, might more accurately be described as emanating from "the school of Quintilian." The collection--here made available for the first time in translation--represents classroom materials for budding Roman lawyers. The instructor who composed these specimen speeches for fictitious court cases adds his comments and suggestions concerning presentation and arguing tactics--thereby giving us insight into Roman law and education. A wide range of scenarios is imagined. Some evoke the plots of ancient novels and comedies: pirates, exiles, parents and children in conflict, adulterers, rapists, and wicked stepmothers abound. Other cases deal with such matters as warfare between neighboring cities, smuggling, historical (and quasi-historical) events, tyrants and tyrannicides. Two gems are the speech opposing a proposal to equalize wealth, and the case of a Cynic youth who has forsworn worldly goods but sues his father for cutting off his allowance. Of the original 388 sample cases in the collection, 145 survive. These are now added to the Loeb Classical Library in a two-volume edition, a fluent translation by D. R. Shackleton Bailey facing an updated Latin text.
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
M. Fabius Quintilianus was a prominent orator, declaimer, and teacher of eloquence in the first century CE. After his retirement, he wrote the Institutio oratoria, a unique treatise in antiquity because it is both a handbook of rhetoric and an educational treatise. Quintilian's fame and influence are not only based on the Institutio, but also on the two collections of Declamations which were later attributed to him. The Oxford Handbook of Quintilian aims to present Quintilian's Institutio as a key treatise in the history of Greco-Roman rhetoric and to trace its influence on the theory and practice of rhetoric and education up to the present day. Topics include Quintilian's educational programme, his concepts and classifications of rhetoric, his discussion of the five canons of rhetoric, his style, his views on literary criticism, declamation, and the relationship between rhetoric and law, and the importance of the visual and performing arts in his work. His legacy is presented in successive chapters devoted to Quintilian in late antiquity, the Middle Ages, the Italian Renaissance, Northern Europe during the Renaissance, Europe from the eighteenth to the twentieth century, and the United States of America. Other chapters examine the biographical tradition, the history of printed editions, and modern assessments of Quintilian. The contributors represent a wide range of expertise and scholarly traditions, offering a unique, multidisciplinary perspective.
Ancient declamation—the practice of delivering speeches on the basis of fictitious scenarios—defies easy categorization. It stands at the crossroads of several modern disciplines. It is only within the past few decades that the full complexity of declamation, and the promise inherent in its study, have come to be recognized. This volume, which contains thirteen essays from an international team of scholars, engages with the multidisciplinary nature of declamation, focusing in particular on the various interactions in declamation between rhetoric, literature, law, and ethics. Contributions pursue a range of topics, but also complement each other. Separate essays by Brescia, Lentano, and Lupi explore social roles—their tensions and expectations—as defined through declamation. With similar emphasis on historical circumstances, Quiroga Puertas and Tomassi consider the adaptation of rhetorical material to frame contemporary realities. Schwartz draws attention to the sometimes hazy borderline between declamation and the courtroom. The relationship between laws and declamation, a topic of abiding importance, is examined in studies by Berti, Breij, and Johansson. Also with an eye to the complex interaction between laws and declamation, Pasetti offers a narratological analysis of cases of poisoning. Citti discovers the concept of natural law represented in declamatory material. While looking at a case of extreme cruelty, Huelsenbeck evaluates the nature of declamatory language, emphasizing its use as an integral instrument of performance events. Zinsmaier looks at discourse on the topic of torture in rhetorical and legal contexts.