By J.A. Crook
. A. criminal the following examines the position and value of the recommend within the Roman felony approach. delivering comparisons with smooth criminal perform, he addresses such questions as why Romans used advocates, what social functionality advocates fulfilled, and what conclusions should be drawn a few society that required litigants to have their circumstances awarded by way of somebody except themselves.
Crook first offers an summary of the final functionality of advocacy in either Roman and glossy jurisprudence. within the gentle of the usually fierce rhetorical wrestle waged through Roman advocates, criminal compares the prestige of rhetoric in Roman instances and at the present time. He then considers adjustments among the felony orders of old Rome and classical Greece. subsequent, he explores proof supplied by means of the Egyptian papyri and discusses the remedy of advocacy in classical money owed, rather in Quintilian. In end, he surveys the historic list relating advocacy in Rome.
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Extra resources for Legal Advocacy in the Roman World
For the present book what is important is that the criminal law was the arena of advocacy par excellence, in the Republic, at all events. The story of the quaestiones has at its very beginning the rule of the lex de repetundis grantingpatroni to any petitioner who might require that assistance. 7 2 Administrative law has been much less studied. Schulz noted the eventual, but late, 'birth of a science of administrative law'. 73 and illustrated the lack of interest of the Republican jurists in it by a quotation from Cicero's pro Balbo:74 'Scaevola the Augur, when he was consulted about lands pledged to the state - and he was a very great lawyer - used mostly to direct his clients to Furius and Cascellius, the authorities on pledged land; and when it comes to water rights on my property at Tusculum I 69 The scholar who saw that need most, and did much exploratory work, was the late J-H.
VS p. 120 (Kayser). Ibid. p. 125. The inscription AE 1932, 34 records one P. Messius Saturninus, who, besides being aduocatus fisci, was a declamationibus Latinis. 102 242 Schulz, 29-30; 152. 87pr. 104 54 Crook, 262-4. 105 Ibid. 260-2. 106 jr Blume, K. Lachmann and A. Rudorff, Die Schriften der römischen Feldmesser I, Gromatici Veteres, ed. Lachmann ( 1848), 9-58. 107 Gromatici 9.
54 And one term used for advocates as a group is togati - regular in the imperial constitutions, if perhaps not before. It relates, obviously, to the 52 On the controuersiae and their relationship to the law see Ch. IV, excursus 3, below. il 4,11-12. 54 The centumviral court was Pliny's harena, but he did not plead only in that court nor only in civil litigation. 53 II. Prior Greco-Roman questions 43 fact t h a t Roman citizen advocates wore the toga when pleading. Since every Roman citizen was supposed to wear the toga on formal occasions that would not say much, were it not that Romans in general were constantly failing to do so and having to be coerced: the advocates alone seem to have taken the toga as a group-symbol.