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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.
Collects the Roman statesman's thoughts on leadership, the balance of power, and other topical political issues that maintain relevance today, in a work featuring new translations and organized by subject.
Places the Roman Republican jurists, hitherto largely neglected by historians, in their intellectual, social and political context
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.
In Cicero’s Use of Judicial Theater, Jon Hall examines Cicero's use of showmanship in the Roman courts, looking in particular at the nonverbal devices that he employs during his speeches as he attempts to manipulate opinion. Cicero's speeches in the law-courts often incorporate theatrical devices including the use of family relatives as props during emotional appeals, exploitation of tears and supplication, and the wearing of specially dirtied attire by defendants during a trial, all of which contrast strikingly with the practices of the modem advocate. Hall investigates how Cicero successfully deployed these techniques and why they played such a prominent part in the Roman courts. These "judicial theatrics" are rarely discussed by the ancient rhetorical handbooks, and Cicero’s Use of Judicial Theater argues that their successful use by Roman orators derives largely from the inherent theatricality of aristocratic life in ancient Rome—most of the devices deployed in the courts appear elsewhere in the social and political activities of the elite. While Cicero’s Use of Judicial Theater will be of interest primarily to professional scholars and students studying the speeches of Cicero, its wider analyses, both of Roman cultural customs and the idiosyncratic practices of the courts, will prove relevant also to social historians, as well as historians of legal procedure.