Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.

The art of persuasion, as practised today in political debate as well as in the courts of law, has been developed in the rhetorical tradition, but its authors have disappeared from view. One of them was Quintilian, who wrote his Institutio oratoria at the end of the first century AD. This book is special because it contains one of the fullest surveys of rhetorical insights ever written and because it has come down to us in its entirety. Quintilian's rhetorical system has been used in teaching rhetoric at universities since the Middle Ages. The purpose of 'Quintilian and the Law' is to reintroduce Quintilian's Institutio oratoria to modern readers, and to show that the topics discussed in it are still very much alive today. To that end, modern experts of law and rhetoric present their views on the Institutio oratoria, each dealing with one of the twelve books of which it consists. The authors were free to choose their own way of working, so that some books are described in their entirety, others are discussed from one particular point of view, and others still are treated only with regard to a particular section. In Roman times, the shortest way to a political career was by working in the law courts. There, one could acquire a reputation for having a thorough knowledge of the law and for being able to speak well in public. In his Institutio oratoria, Quintilian not only formulated important insights in juridical argumentation, in the art of speech-writing, and in the performative aspects of advocacy, he also discussed the ethical problems involved. Because Quintilian larded his instructions with numerous examples from practice, his book takes us back into the Roman law courts and helps us experience their exciting atmosphere. The essays in this book reflect the wide range of subjects discussed by Quintilian. They deal with (one of) six themes: (1) the ideal orator in a historical perspective, (2) his education, (3) rhetoric and communication, (4) argumentation, (5) Roman law in the Institutio oratoria, and (6) emotions in the courtroom. However, in honour of its author, they are arranged in the order of the Institutio oratoria.

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.