Research Catalog

Title

Legal advocacy in the Roman world / J.A. Crook.

Author

Crook, J. A. (John Anthony)

Publication

Ithaca, N.Y. : Cornell University Press, 1995.

Items in the Library & Off-site

Holdings

Details

Description

vi, 225 pages; 24 cm

Summary

• J. A. Crook here examines the role and significance of the advocate in the Roman legal system. Offering comparisons with modern legal practice, he addresses such questions as why Romans used advocates, what social function advocates fulfilled, and what conclusions can be drawn about a society that required litigants to have their cases presented by someone other than themselves.
• Crook first provides an overview of the general function of advocacy in both Roman and modern jurisprudence. In the light of the characteristically fierce rhetorical combat waged by Roman advocates, Crook compares the status of rhetoric in Roman times and today. He then considers differences between the legal orders of ancient Rome and classical Greece. Next, he explores evidence provided by the Egyptian papyri and discusses the treatment of advocacy in classical accounts, particularly in Quintilian.
• In conclusion, he surveys the historical record concerning advocacy in Rome.

Subjects

• Justice, Administration of (Roman law)
• Procedure (Roman law)
• Practice of law (Roman law)

Bibliography (note)

• Includes bibliographical references (p. 204-219) and index.

Contents

I. The function of advocacy. 1. Advocacy and legal orders. 2. Rhetoric in modern discussions. 3. Advocacy in present-day courts. 4. Taking advocacy seriously -- II. Prior Greco-Roman questions. 1. For comparison: advocacy at Athens and in the Hellenistic world. 2. The two Roman legal professions. 3. The boundaries of the subject: the legal order broadly conceived -- III. Advocacy in the papyri: the under-exploited source -- Excursus: petitions and the 'Narratio' documents -- IV. Advocacy in the traditional material. 1. The uses of advocacy to client and advocate. 2. Usus iudiciorum, the practice of the courts -- Excursus: 1. Terminology -- Excursus: 2. The advocate as 'representative' -- Excursus: 3. The controuersiae -- Excursus: 4. Quintilian -- V. The historical record.

ISBN

0801431581 (hardcover)

LCCN

94039188

OCLC

• 31408730
• ocm31408730

Owning Institutions

Columbia University Libraries