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.

The Oxford Handbook of Quintilian aims to trace Quintilian's influence on the theory and practice of rhetoric and education up to the present. Chapters cover topics including Quintilian's Institutio oratoria, his views on education and literary criticism, and his reception and influence.

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.

Offers a radical re-appraisal of rhetoric's relation to literature, with fresh insights into rhetorical sources and their reception in Roman poetry.

Mock trial--Roman style. The Lesser Declamations, dating perhaps from the second century AD and attributed to Quintilian, might more accurately be described as emanating from "the school of Quintilian." The collection--here made available for the first time in translation--represents classroom materials for budding Roman lawyers. The instructor who composed these specimen speeches for fictitious court cases adds his comments and suggestions concerning presentation and arguing tactics--thereby giving us insight into Roman law and education. A wide range of scenarios is imagined. Some evoke the plots of ancient novels and comedies: pirates, exiles, parents and children in conflict, adulterers, rapists, and wicked stepmothers abound. Other cases deal with such matters as warfare between neighboring cities, smuggling, historical (and quasi-historical) events, tyrants and tyrannicides. Two gems are the speech opposing a proposal to equalize wealth, and the case of a Cynic youth who has forsworn worldly goods but sues his father for cutting off his allowance. Of the original 388 sample cases in the collection, 145 survive. These are now added to the Loeb Classical Library in a two-volume edition, a fluent translation by D. R. Shackleton Bailey facing an updated Latin text.

The Lesser Declamations, dating perhaps from the second century CE and attributed to Quintilian, might more accurately be described as emanating from "the school of Quintilian." The collection--here made available for the first time in translation--represents classroom materials for budding Roman lawyers. The instructor who composed these specimen speeches for fictitious court cases adds his comments and suggestions concerning presentation and arguing tactics--thereby giving us insight into Roman law and education. A wide range of scenarios is imagined. Some evoke the plots of ancient novels and comedies: pirates, exiles, parents and children in conflict, adulterers, rapists, and wicked stepmothers abound. Other cases deal with such matters as warfare between neighboring cities, smuggling, historical (and quasi-historical) events, tyrants and tyrannicides. Two gems are the speech opposing a proposal to equalize wealth, and the case of a Cynic youth who has forsworn worldly goods but sues his father for cutting off his allowance. Of the original 388 sample cases in the collection, 145 survive. These are now added to the Loeb Classical Library in a two-volume edition, a fluent translation by D. R. Shackleton Bailey facing an updated Latin text.