Cicero the Advocate

by Powell, Jonathan; Paterson, Jeremy

• ISBN13: 9780198152804
• ISBN10: 0198152809
• eBook ISBN(s): 9780191541513
• Format: Hardcover
• Copyright: 2004-09-30
• Publisher: Oxford University Press

Summary

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 ofthe 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 currentBritish 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 andits 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 discussgeneral 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 concludingsections 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, from70 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 provincialmaladministration, 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 themore general chapters. An appendix lists all Cicero's known appearances as an advocate.

Author Biography

Jonathan Powell is Professor of Latin, Royal Holloway, University of London and the editor of Cicero the Philosopher: Twelve Papers. Jeremy Paterson is Senior Lecturer in Ancient History, University of Newcastle upon Tyne.

Table of Contents

Editors and Contributors	xi
Introduction	1	(60)
JONATHAN POWELL AND JEREMY PATERSON
i. Approaching Cicero's Forensic Speeches	1	(9)
ii. Advocacy Ancient and Modern	10	(9)
iii. Cicero and the Morality of Advocacy	19	(10)
iv. The Roman Courts	29	(8)
v. Advocacy in Cicero's Career	37	(6)
vi. Rhetoric, Argument, and Style	43	(9)
vii. The Publication of the Speeches	52	(9)
PART I: THEMES
1. Legal Procedure in Cicero's Time	61	(18)
ANDREW LINTOTT
2. Self-Reference in Cicero's Forensic Speeches	79	(18)
JEREMY PATERSON
3. A Volscian Mafia? Cicero and his Italian Clients in the Forensic Speeches	97	(20)
KATHRYN LOMAS
4. Reading Cicero's Narratives	117	(30)
D.S. LEVENE
5. Cicero and the Law	147	(18)
JILL HARRIES
6. The Rhetoric of Character in the Roman Courts	165	(22)
ANDREW M. RIGGSBY
7. Audience Expectations, Invective, and Proof	187	(28)
CHRISTOPHER CRAIG
8. Perorations	215	(18)
MICHAEL WINTERBOTTOM
PART II: CASE STUDIES
9. Being Economical with the Truth: What Really Happened at Lampsacus?	233	(20)
CATHERINE STEEL
10. Repetition and Unity in a Civil Law Speech: The Pro Caecina	253	(24)
LYNN FOTHERINGHAM
11. The Advocate as a Professional: The Role of the Patronus in Cicero's Pro Cluentio	277	(14)
CHRISTOPHER BURNAND
12. Literature and Persuasion in Cicero's Pro Archia	291	(22)
D.H. BERRY
13. De Domo Sua: Legal Problem and Structure	313	(58)
WILFRIED STROH
14. The Dilemma of Cicero's Speech for Ligarius	371	(30)
JEFFREY P. JOHNSON
15. Epilogue: Cicero and the Modern Advocate	401	(16)
JOHN LAWS
Appendix: Chronological List of Cicero's Known Appearances as an Advocate	417	(6)
List of Works Cited	423	(16)
Index of Passages	439	(4)
General Index	443