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Cicero and the Jurists
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Description
This book traces Cicero's thought on law as an advocate; as the friend of jurists; as writer on the philosophy of the 'higher law'; and as a politician who both asserted and subverted the rights of citizens under the law. The Roman Republican jurists, hitherto largely neglected by historians, are placed in their intellectual, social and political context. As the institutions of the old Republic collapsed around them, the jurists disputed not only about legal niceties but also about fairness, trust and the rights and duties of the citizen. Although specialists, they were not culturally isolated. In the intensely competitive environment of Republican politics, senatorial jurists competed for office and honours; yet their low-profile activity could not compete with the showy victories of generals or the public performances of such advocates as Cicero. As an advocate, Cicero downplayed the contribution of jurists. But the vicissitudes of his career taught him the importance of Citizen Law as an expression of citizen rights.In the last years of his life he argued for a new integration of jurisprudence with the wider law of the philosopher and the statesman, but he also exploited the philosophy of the 'higher law' to deny 'bad citizens' their rights and to undermine the formal regulation of the Roman state.
Table of Contents
Introduction
1. Death of a Pontifex
2. Jurists and Jurisprudence
3. Law and the Laws
4. The Juristic Tradition
5. Methods of Argument
6. Jurists in Context: Servius and Trebatius
7. Parallels and Precedents
8. Priestly Law and the ius publicum
9. The Jurists and Antiquity
10. Law and Community
11. The Rhetoric of Exclusion
Conclusion: The Partnership of Life
Glossary of Latin and Legal Terms
Bibliography of Works Cited
Index
Product details
Published | May 26 2006 |
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Format | Hardback |
Edition | 1st |
Extent | 240 |
ISBN | 9780715634325 |
Imprint | Bristol Classical Press |
Dimensions | 234 x 156 mm |
Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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Arguing that for much of the first century BCE, the status of jurists and jurisprudence in Rome was far from secure, Harries shows how M. Tullius Cicero, along with his contemporary jurists, held oratory and philosophy in higher regard than he did jurisprudence. She speculates that it may have been friends and the effect of Caesar's dictatorship that caused him to reassess the intellectual heritage of jurists and to reinstate the small legal dealings of Romans with each other as part of his overall vision of law and the state.
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