Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans

Cicero), it is generally believed that he was pointing to a more general distinction between (to use the English terms) “jurists” and “advocates.” In Latin, jurists could be referred to by a number of differ ent phrases meaning roughly “expert in law.” According to a comment of Cicero’s elsewhere, these experts made themselves useful through pleading, consulting (as Aquilius did with his visitors), and legal drafting. Pleading in court seems to have fallen away over time (though this can be disputed), but advice and even providing evidence in individual cases continued. Additionally (and most visibly to us), jurists came to publish their legal opinions. This could take the form of writing down the results of their original oral consultations, offering commen tary on major legal texts (say, the Twelve Tables or the Edict), or composing treatises on specific topics (say, the criminal law or the duties of provincial governors). In any of its forms, their work tended to be patronal rather than professional. That is, they provided such help out of a sense of public duty, to aid friends, and/or to gain prestige, rather than to make a living. Someone who acted as an “advocate” in court might use that very term to describe his role in a particular trial, but might usually prefer the broader “orator” if asked to describe him self elsewhere. And, in fact, it was quite likely that he did use his skills as a speaker in other, typically political spheres. He usually came from an elevated social group in which rhetori cal education was the standard form of higher education. If he needed specialist legal knowledge in a particular case, he could consult a jurist. Like the jurists, advocates generally did not

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