Cicero and the Jurists
This
book traces Cicero's thought on law as an advocate; as the friend of
jurists; as writer on the philosophy of the 'higher law'; and as a
politician who both asserted and subverted the rights of citizens under
the law. The Roman Republican jurists, hitherto largely neglected by
historians, are placed in their intellectual, social and political
context. As the institutions of the old Republic collapsed around them,
the jurists disputed not only about legal niceties but also about
fairness, trust and the rights and duties of the citizen. Although
specialists, they were not culturally isolated. In the intensely
competitive environment of Republican politics, senatorial jurists
competed for office and honours; yet their low-profile activity could
not compete with the showy victories of generals or the public
performances of such advocates as Cicero. As an advocate, Cicero
downplayed the contribution of jurists. But the vicissitudes of his
career taught him the importance of Citizen Law as an expression of
citizen rights.In the last years of his life he argued for a new
integration of jurisprudence with the wider law of the philosopher and
the statesman, but he also exploited the philosophy of the 'higher law'
to deny 'bad citizens' their rights and to undermine the formal
regulation of the Roman state.