Cicero the Advocate, and: The Roman World of Cicero's De Oratore (review)

Abstract

Reviewed by: Cicero the Advocate, and: The Roman World of Cicero's De Oratore Anthony Corbeill Jonathan Powell and Jeremy Paterson, eds. Cicero the Advocate. Oxford: Oxford University Press, 2004. xii + 448 pp. Cloth, $150. Elaine Fantham . The Roman World of Cicero's De Oratore. Oxford: Oxford University Press, 2004. x + 354 pp. Cloth, $120. Emphasis falls emphatically on "advocate" in the fine Powell and Paterson collection. Each essay concentrates on the forensic speeches and the various strategies that Cicero employs "to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty" (from the dust jacket, the only place advocacy is defined). Well-organized and unusually coherent (given the genre), all of Cicero the Advocate can be read with profit. The book has three parts: an "editorial introduction," "themes," and "case studies." The concise and accurate introduction (1–57) provides a context for understanding Roman forensic oratory. Topics include a helpful comparison between Greek, Roman, and modern expectations; the mechanics of the Roman courts; the role of rhetorical theory in the construction of Cicero's orations; and, [End Page 144] finally, a review of the possible relationship between Cicero's published and original speeches. Indeed, the coverage is so comprehensive that it occasionally overlaps unnecessarily with the treatment of individual contributors (e.g., Lintott, Burnand, Laws). Needless polemics, however, tend to mar the introduction's tone. In advocating advocacy, the editors adopt a Ciceronian rhetoric of deniability, attacking a position that a subsequent statement grudgingly acknowledges. For example, the editors note early on: "Reading the work of some recent scholars [one relevant eighteen-page essay is cited], one might think that a Roman law court was a place in which all kinds of considerations, personal, social, or political, mattered more than the legal and factual points that the court was supposed to be deciding" (3). Before one can ponder this assessment of recent scholarship on Cicero (characteristic of "the individualistic 1980s" [3, n. 11]), the next paragraph begins, "Nobody, of course [my emphasis], denies that the outcome of a trial—in any legal system—can sometimes be affected by extraneous (especially political) issues." So perhaps these "recent scholars" are worth reading after all; indeed, the study of the cultural background that contributes to persuasion certainly warrants consideration in a book on advocacy. Fortunately, the individual contributions that follow adopt a more conciliatory tone. The range and number of essays preclude active engagement, so in what follows I will summarize key issues. After a survey of "Legal Procedure in Cicero's Time" (61–78) by Andrew Lintott, Jeremy Paterson's "Self-Reference in Cicero's Forensic Speeches" (79–95) assesses the oratorical function of self-praise. Attributing this practice to the original role of the patronus (80), Paterson identifies the advertisement of wealth and status as an important element of Roman advocacy, necessarily changing in tone for Cicero as his own status increases. Paterson's fine analysis, however, would need to change if applied to non-forensic speeches, in which Ciceronian self-praise is particularly pronounced. This surely would affect his conclusion that "Cicero never forgot what he was about, which was to win the case for his client" (95). In the dramatically titled "A Volscian Mafia? Cicero and his Italian Clients in the Forensic Speeches" (97–116; "mafia" refers simply to "local networks of obligations and contacts," 114), Kathryn Lomas surveys the role of Italian communities in five of Cicero's works (Pro Roscio Amerino, Pro Cluentio, Pro Caecina, Pro Caelio, Pro Plancio) to try to discover why there is a "relatively low level of visibility" of Italians even in those cases in which such connections are vital (98). The Italians defended by Cicero fall into two categories: municipals who, like Cicero, seek prominence in Rome (Caelius, Plancius), and the wealthy who have key connections within the capital but do not seek political office in Rome (Roscius, Cluentius, Oppianicus). Lomas convincingly demonstrates that Cicero defends clients from regions where he could hope for political support (especially in southern Latium). In "Reading Cicero's Narratives" (117–46), D. S. Levene employs a reader-response approach to the narrationes of three speeches (Pro Roscio...