Dr. Richard Leo Enos Ph.D. - The Literate Mode of Ciceros Legal Rhetoric
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Forensic orations, Roman law--Language, Rhetoric, Ancient, Cicero, Marcus Tullius--Technique.
publication date
:
1988
lcc
:
KJA190.E56 1988eb
ddc
:
340.5/4
subject
:
Forensic orations, Roman law--Language, Rhetoric, Ancient, Cicero, Marcus Tullius--Technique.
Page iii
The Literate Mode of Cicero's Legal Rhetoric
Richard Leo Enos
Southern Illinois University Press Carbondale and Edwardsville
Page iv
Copyright 1988 by the Board of Trustees, Southern Illinois University All rights reserved Printed in the United States of America Edited by Sally Master Designed by Heidi M. Gunter Production supervised by Natalia Nadraga
91 90 89 88 4 3 2 1
Library of Congress Cataloging-in-Publication Data Enos, Richard Leo. The literate mode of Cicero's legal rhetoric. Bibliography: p. Includes index. 1. Forensic orations. 2. Roman lawLanguage. 3. Rhetoric. 4. Cicero, Marcus Tullius. I. Title. KJA190.E56 1988 350.44 87-12670 ISBN 0-8093-1382-0
The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Materials, ANSI Z39.48-1984.TM
Page v
To my wife, Jane Helppie, and our children, David, Alisa, James, Nathan, and Alexander
Page vii
Contents
Preface
ix
1. The Pragmatics of the Roman Court
1
2. The Benefactors of Forensic Discourse
18
3. The Epistemological Foundation
33
4. The Audiences of Cicero's Rhetoric
46
5. The Verrine Orations
59
6. Legal Rhetoric in Theory, Practice, and Publication
78
7. Conclusion: Orality and Literacy
90
Notes
97
Bibliography
113
Index
123
Page ix
Preface
Quintilian has given us an excellent rule, in the very case: that we should be modest and circumspect, in passing a judgment on men so illustrious, lest, as it happens to the generality of censurers, we be found at last to condemn what we do not understand. Conyers Middleton, The Life of M. Tullius Cicero
The scourge of Catiline. The archenemy of Mark Anthony. The champion of the Republic. These epithets characterize the Cicero who has delighted and even inspired readers for centuries. Cicero's numerous works have provided the gist that has moved readers and reconstructed the backbone of many Victorian politicians who, inspired by their boyhood reading of his achievements, spoke out in Parliament and court as (they believed) their Roman model would have. We have had centuries to scrutinize Cicero's works, to weigh and sift the evidence that will tell us more about this complex, fascinating individual. Yet, after all that examination is concluded, after all the historical accounts and meticulous biographies have been shelved for posterity, can we say that "our Cicero" is the most accurate portrait? The life of Marcus Tullius Cicero, and the tumultuous events which comprise it, have been well documented by historians and biographers since antiquity. No historian, ancient or contemporary, denies the important part Cicero played in the waning years of the Roman Republic, and many credit his eloquence as a force in his advancement and impact. The Roman historian Suetonius records that Augustus himself acknowledged the importance of Cicero in the shaping of events and encouraged his grandchildren to study the life and works of a man who seems to have opposed the chief features that came to represent the Augustan Principate.
Page x
Despite his well-chronicled life and the hundreds of private letters Cicero left to reveal a personality in more depth than any other individual in the ancient world, the forces that brought Cicero into prominence and (importantly) into power still want for further examination. Studies of the Roman Republic have understandably, and often accurately, examined the social, political, and economic forces shaping the calamitous period. As one among several prominent figures, Cicero could be swept easily into the generalizations that account for much of those happenings. Yet Cicero is not an individual who lends himself easily to generalizations. His uniqueness among other important figures of the period, his source of power, and his force in the Republic derived from his rhetorical ability. Thus, to study Cicero devoid of a sensitive understanding of his talents in rhetoric is to fundamentally misaccount the basis for his influence and, in a larger sense, to understand imprecisely the enormous importance rhetoric had in the social life of Republican Rome.
To favor Cicero's ability to express himself with a few platitudes about his eloquence is to move us only slightly toward a better understanding of his ability and force in Rome. Scholars of ancient history and rhetoric share agreement that Cicero was eloquent, but it is the nature of that talent and how it was applied that will reveal his impact. Much of our understanding of Cicero centers on his rhetoric, yet only recently has our knowledge of rhetoricclassical and contemporarybeen sufficiently developed to allow an examination of how Cicero's use of rhetoric contributed to his achievements. Part of what constitutes the "new rhetorics" of the twentieth century is a sensitivity to classical rhetoric beyond mere philology to the social and contextual forces which influenced discourse and the epistemology of those individuals who articulated their thoughts and sentiments. Sensitivity to audience, the constraints of one's culture, the relationships between orality and literacythese are the issues which inspire the essays in this volume and which warrant not merely "another look" at Cicero but a re-vision through perspectives which provide the most accurate rendering of this influential advocate.
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