Related Papers
New Frontiers
3. Artes Urbanae: Roman Law and Rhetoric
2013 •
Olga Tellegen-Couperus
Dresch, P. and Scheele, J., Legalism. Rules and Categories (Oxford University Press, 2015)
"Telling Stories About Law: Concepts, Rules and Rhetoric in [Roman] Legal Discourse"
2015 •
Caroline Humfress
Legalism is at least as much about institutionalized cultures of argument, as it is about ‘rule following’. Developing the idea of 'Legalism after Anthropology' as a framework, the essay first explores the conceptual make-up of legalism itself, through an analysis of the nineteenth-century German legal theorist Rudolph von Jhering’s attack on Begriffsjurisprudenz (the ‘jurisprudence of concepts’) - before turning to the place of legal rules and concepts within (the later) Jhering’s own sociological jurisprudence. The following section, ‘Ethnography and The Concept of Law’, analyses the temporality, particularity, and constructed-ness of how ‘we’ see legal rules and concepts, taking H.L.A Hart’s analytical jurisprudence as our focus. The final two sections: 'Law Comes to Life in Institutions' and 'Legalism and Forensic Rhetoric: Quintilian's Institutio Oratoria' both concentrate on the technicalities of law in a broader sense. How, exactly, do legal rules and concepts ‘come to life' within institutionalized contexts and traditions? Rather than focusing on legal rules, concepts, and categories primarily in relation to doctrinal legal systems, we need to think more about the ethnology of legal rhetoric: about the roles that legal rules concepts, and categories play within different cultures of legal reasoning and argument.
What There is Left and How It Works: Ancient Rhetoric and the Semiotics of Law
Miklós Könczöl
The present paper examines three parts of ancient school rhetoric: the issues, the topics, and the questions of style from the perspective of legal semiotics. It aims (1) to demonstrate the roles these have played and can play in the interpretation of legal discourses; and (2) to summarise what insights have been and can be gained from this classical tradition by contemporary legal research. It is argued that the promise of legal semiotics for rhetorical investigations is that it may help to make sense of the functioning of the system of ancient rhetoric, and contribute to our understanding of how rhetorical tradition works, while the research of ancient rhetoric can explore a range of semiotic devices essential for lawyerly thinking, resulting in the knowledge of a richer framework of interpretation.
Augustus' classicism: oratory and Roman Law in Context. Symposium Veronense, “The Age of Augustus”, on the 21th June, 2014, Gazzo Veronese
Emilia Mataix Ferrándiz
Traditionally, the place of oratory in Roman law has been approached from two not really unrelated points of view: its place in Roman litigation and the possible influence of rhetoric in Roman jurisprudence and its methodology . Taking as starting point both approaches, I would like to focus on three main aspects, also connecting it with the age of Augustus. Those selected aspects are: the impact of the Augustan Lex Iulia iudiciorum privatorum, which affected the judicial procedure; the second aspect is the effects of the so-called “Augustan Classicism” (concerning the debate about style in oratory) in the language employed in Roman litigation. The third aspect is the influence of rhetoric in Roman jurisprudence and its methodology. All these points relate oratory and Roman law, focusing on the Augustan age. The concise revision of these matters may show some particular features from law and procedure of the Augustan period, but it is clear that the breadth of these subjects has resulted in many of these matters being summarised. This paper will examine in a general way some traits of the way of dealing with these problems in this era.
Ten Legal Cases in Cicero's De oratore 1.175-184: Examples of Famous Historical Trials or of School Theseis and Controversiae
Bartosz Awianowicz
In the first book of Cicero’s "De oratore" (1.175-184) Crassus criticizes the shameless (impudentia) of those advocates who neglect the civil law and illustrates his argumentation with 10 legal cases. The aim of the paper is to discuss the function of all of them, arguing that they were not only famous cases well known to the interlocutors of the Cicero’s dialogue, which have taken place in September 91 BC, but also could be regarded as theseis, causae or controversiae practiced in schools of rhetoric in the 50’s of the first Century BC when Cicero wrote De oratore and well known most of all from Seneca’s "Controversiae", e.g. the pronoun “ille” in the first case (1.175: causa illius militis) can suggest the well known real case (cf. Valerius Maximus, 7.7.1), but also a case known because similar topics were studied in schools of rhetoric, the examples concerns exiled foreigner “who had come to live in Rome, having the right to do so provided that he attach himself to someone who would act as a kind of patronus, subsequently died without leaving a will” (1.177) contains no detailed information on person, time and place of the law suit and as such can be regarded as sui generis example of quaestio legalis analysed by Cicero in "De inventione" (2.116-122), while famous causa Curiana (1.180) was already analyzed (without names of parties and advocates) by him in "De inventione" (2.122-127) as an example of controversia ex scripto et sententia. The analysis of 10 legal cases / controversies shows that Cicero’s goal is to authenticate the exercises, inspired by the Greek school theseis, in assessment of particular legal controversies by including them in the real reports on legal disputes of the second century BC and the nineties of the first century BC.
William Dominik and Jon Hall, ‘Confronting Roman Rhetoric’, in W. J. Dominik and J. C. R. Hall (eds), A Companion to Roman Rhetoric (Oxford/Malden/Carlton: Wiley-Blackwell 2007) 3-8.
William J Dominik
William Dominik and Jon Hall, ‘Preface’, in W. J. Dominik and J. C. R. Hall (eds), A Companion to Roman Rhetoric (Oxford/Malden/Carlton: Wiley-Blackwell 2007) xii–xiii.
William J Dominik
Aristotle on the Rhetoric of Law , Greek, Roman and Byzantine Studies
1990 •
David Mirhady
history and law: from rhetoric to reason
Michael Zeleny
Acta Juridica Hungarica
Verba carminis — On a cardinal point of Archaic Roman law
2008 •
Tamás Nótári
