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"The Case for the Prosecution in the Ciceronian Era is primarily a work of history, as it aims to shed light on what was actually said in these ancient trials. To accomplish that goal, it also draws on classical rhetorical theory and Roman law. By systematically considering a large number of trials, the book offers a corrective to the dominance of Ciceronian defense speeches in the study of ancient Roman criminal trials."--Jacket.
This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.
Eight new essays, from a distinguished international cast, examine the techniques of Cicero's verbal aggression. Analysis includes political and forensic context but also Cicero's own formal theory of rhetoric and his debts to other genres, literary and dramatic.
This is the first book in English to take Cicero's forensic speeches seriously as acts of advocacy, i.e. as designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It seeks to set the speeches within the context of the court system of the Late Roman Republic and to explore in detail the strategies available to Roman advocates to win the votes of jurors. The volume comprises a substantial introduction, fourteen chapters by prominent Ciceronian scholars in Britain, North America, and Germany, and a final chapter by a current British Appeal Court judge who comments on Cicero's techniques from the point of view of a modern advocate. The introduction deals with issues concerning the general nature of advocacy, the Roman court system as compared with other ancient and modern systems, the Roman 'profession' of advocacy and its etiquette, the place of advocacy in Cicero's career, the ancient theory of rhetoric and argument as applied to courtroom advocacy, and the relationship between the published texts of the speeches as we have them and the speeches actually delivered in court. The first eight chapters discuss general themes: legal procedure in Cicero's time, Cicero's Italian clients, Cicero's methods of setting out or alluding to the facts of a case, his use of legal arguments, arguments from character, invective, self-reference, and emotional appeal, the last of these especially in the concluding sections of his speeches. Chapters 9-14 examine a range of particular speeches as case studies - In Verrem II.1 (from Cicero's only major extant prosecution case), Pro Archia, De Domo Sua, Pro Caecina, Pro Cluentio, Pro Ligario. These speeches cover the period of the height of Cicero's career, from 70 BC, when Cicero became acknowledged as the leading Roman advocate, to 49 BC when Caesar's dictatorship required Cicero to adapt his well-tried forensic techniques to drastically new circumstances, and they contain arguments on a wide range of subject-matter, including provincial maladministration, usurpation of citizenship rights, violent dispossession, the religious law relating to the consecration of property, poisoning, bribery, and political offences. Other speeches, including all the better-known ones, are used as illustrative examples in the introduction and in the more general chapters. An appendix lists all Cicero's known appearances as an advocate.
Marcus Tullius Cicero (106-43 BCE) introduced Romans to the major schools of Greek philosophy, forging a Latin conceptual vocabulary that was entirely new. But for all the sophistication of his thinking, it is perhaps for his political and oratorical career that Cicero is best remembered. He was the nemisis of Catiline, whose plot to overthrow the Republic he famously denounced to the Senate. He was the selfless politician who turned down the opportunity to join Julius Caesar and Pompey in their ruling triumvirate with Crassus. He was briefly Rome's leading man after Caesar's assassination in 44 BCE.And he was the great political orator whose bitter coflict with Mark Antony led to his own violent death in 43 BCE. In her authoritative survey, Gesine Manuwald evokes the many faces of Cicero as well as his complexities and seeming contradictions. She focuses on his major works, allowing the great writer to speak for himself. Cicero's rich legacy is seen to endure in the works of Quintilian and the Church Fathers as well as in the speeches of Harry S. Truman and Barack Obama.
Gaius Meets Cicero. Law and Rhetoric in the School Controversies sheds new light on a much debated issue in the field of Roman law, i.e. the so-called 'school controversies' between the Sabinians and the Proculians. Tessa Leesen rejects the general assumption in modern literature that the two schools each adhered to a fundamentally different theoretical conception of law. She argues that the 'school controversies' as described in Gaius' Institutiones arose in legal practice when the heads of the two schools were consulted by two conflicting parties and each gave opposing advice. In order to make their opinions persuasive, the jurists were in need of adequate arguments. For this purpose, they made use of rhetoric and of the argumentative theory of topoi as described in Cicero's Topica.
The Catilinarians are a set of four speeches that Cicero, while consul in 63 BC, delivered before the senate and the Roman people against the conspirator Catiline and his followers. Or are they? Cicero did not publish the speeches until three years later, and he substantially revised them before publication, rewriting some passages and adding others, all with the aim of justifying the action he had taken against the conspirators and memorializing his own role in the suppression of the conspiracy. How, then, should we interpret these speeches as literature? Can we treat them as representing what Cicero actually said? Or do we have to read them merely as political pamphlets from a later time? In this, the first book-length discussion of these famous speeches, D. H. Berry clarifies what the speeches actually are and explains how he believes we should approach them. In addition, the book contains a full and up-to-date account of the Catilinarian conspiracy and a survey of the influence that the story of Catiline has had on writers such as Sallust and Virgil, Ben Jonson and Henrik Ibsen, from antiquity to the present day.
This ebook is a selective guide designed to help scholars and students of the ancient world find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In classics, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is just one of many articles from Oxford Bibliographies Online: Classics, a continuously updated and growing online resource designed to provide authoritative guidance through the scholarship and other materials relevant to the study of classics. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.
During his life, Cicero defended several former Roman governors. This volume unites two such defences, one on behalf of Fonteius and the other on behalf of Scaurus, and provides a general introduction on the Roman extortion court and, for each speech, an introduction, English translation, and the first detailed commentary in English.
The impeachment trial of Warren Hastings lasted from 1788 until 1795. Hastings was the first Governor-General of Bengal and his trial had a formative impact on the British Empire. Chiara Rolli shows that in an age when British education consisted mainly of classical studies, it was antique views of rhetoric and imperial governance that permeated the trial. Prosecutor Edmund Burke was figured as a modern-day Cicero fighting corruption in the colonies, while Hastings was Verres, the corrupt propraetor of Sicily in the first century BC. In their prosecution, both Burke and Richard Brinsley Sheridan employed certain coups de théâtre – such as fainting for emphasis – advised by Cicero and the later Roman rhetorician Quintilian, whose style of spectacular justice played particularly well amid the eighteenth-century vogue for sentimental drama. Burke's defence of natural rights and passion for extirpating vice in the colonies similarly reflected an admiration for Cicero, just as Hastings' preference to rule the conquered by means of their own traditions recalled models of Roman provincial administration. Using contemporary journalism, satire and other ephemera, the book reconstructs the public's equally profound grasp of these parallels. It illuminates new aspects of early British discourse around the Empire, and shows how deeply classical precedents influenced the cultural and political imaginations of eighteenth-century Britain.