By J.A. Crook
. A. criminal right here examines the position and importance of the recommend within the Roman felony method. providing comparisons with glossy criminal perform, he addresses such questions as why Romans used advocates, what social functionality advocates fulfilled, and what conclusions may be drawn a few society that required litigants to have their instances provided by means of an individual except themselves.
Crook first offers an outline of the final functionality of advocacy in either Roman and sleek jurisprudence. within the gentle of the typically fierce rhetorical wrestle waged through Roman advocates, criminal compares the prestige of rhetoric in Roman instances and this present day. He then considers transformations among the criminal orders of old Rome and classical Greece. subsequent, he explores facts supplied by means of the Egyptian papyri and discusses the therapy of advocacy in classical bills, rather in Quintilian. In end, he surveys the historic checklist bearing on advocacy in Rome.
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59 Pp. 37-8, above. 58 44 Legal Advocacy in the Roman World their views about their job, doing it all, evidently, in a normative spirit, that of one laying down the traditional standards. 60 The long-lived archaic concept of the advocate as patron also helped to give a dimension of'client-orientated' responsibility to the job of the advocates. Ammianus Marcellinus in his attack on the lawyers of his day has a couple of interesting quotations from Cicero not otherwise preserved:61 'Perhaps to refuse to take on a defence may be done without criticism, but to do it and botch it is unforgivable', and (in the mouth of Scipio) 'If it is true that nothing must be so free from taint in public life as a vote or a legal opinion, I for my part cannot understand why a man who has corrupted those things by money is prosecuted whereas if he does so by oratory he is praised.
IV, excursus 1, below. 42 The attempt of 61 David, 437, n. 93, to narrow the gap fails to convince; for as much as can properly be said, see p. 41, below. 43 Cic. Top. 51; see pp. 142-4, below. 44 Cic. de or. 1201-62, esp. 218. 45 Ovid, too, gives testimony to the dichotomy of the profession. e. the pleader)'. 48 We must not, for sure, treat the distinction as absolute. Kunkel points out that Aristo, the eminent jurist contemporary with Pliny, also practised advocacy, and adduces some other examples in the Principate.
J. Wolff; 254 Soubie. 3 68 Dover, 150-1. Not everybody would have been able to do it verbatim; friends might prompt, and so on. on II. Prior Greco-Roman questions 31 to deliver in person, and, more generally, that in the forensic part of their activity the 'Attic Orators' did not orate. Such forensic ghost-writing, 'logography', and the need for it, was virtually non-existent in the case of Rome. 4 It appears that the law of Athens required the litigant to be present in person; there used to be a belief that Athenian law also forbade the litigant to be spoken for by anybody else, except, presumably, in circumstances of incapacity, but that is so hard to reconcile with what actually happened that it tends nowadays to be rejected.