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Cicero and the Jurists

Autor Jill Harries
en Limba Engleză Hardback – 25 mai 2006
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.
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Specificații

ISBN-13: 9780715634325
ISBN-10: 0715634321
Pagini: 240
Dimensiuni: 156 x 234 x 10 mm
Greutate: 0.39 kg
Editura: Bloomsbury Publishing
Colecția Bristol Classical Press
Locul publicării:London, United Kingdom

Caracteristici

In the intensely competitive environment of Republican politics, low profile senatorial jurists could not compete with the performances of of advocates like Cicero

Notă biografică

Jill Harries is Professor of Ancient History, University of St Andrews, UK. She is the author of Sidonius Apollinaris and the Fall of Rome (1994) and Law and Empire in Late Antiquity (1999), and editor of The Theodosian Code: Studies in the Imperial Law of Late Antiquity (1993).

Cuprins

Preface 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

Recenzii

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.

Descriere

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.