Cicero's Law: Rethinking Roman Law of the Late Republic
Published:
01 October 2016
Online ISBN:
9781474426763
Print ISBN:
9781474408820
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Contents
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1. Introduction 1. Introduction
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2. Cicero on the Nature of Law 2. Cicero on the Nature of Law
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3. The Tyrant: A Monster in Human Disguise 3. The Tyrant: A Monster in Human Disguise
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4. Tyrannicide and Law in Cicero’s Forensic Speeches 4. Tyrannicide and Law in Cicero’s Forensic Speeches
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5. Philosophy and Legal Practice: A Few Speculative Remarks 5. Philosophy and Legal Practice: A Few Speculative Remarks
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6. Conclusion 6. Conclusion
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Bibliography Bibliography
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Chapter
4 Law’s Nature: Philosophy as a Legal Argument in Cicero’s Writings
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Pages
50–68
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Published:01 October 2016
Cite
Forschner, Benedikt, 'Law’s Nature: Philosophy as a Legal Argument in Cicero’s Writings', in Paul J. du Plessis (ed.), On Law, in Paul J. du Plessis (ed.), Cicero's Law: Rethinking Roman Law of the Late Republic (Edinburgh , 2016; online edn, Edinburgh Scholarship Online, 18 Jan. 2018), https://doi.org/10.3366/edinburgh/9781474408820.003.0004, accessed 28 July 2026.
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Abstract
The paper deals with the use of philosophical arguments in Cicero's legal writings, in particular his forensic speeches. It tries to demonstrate that Cicero developed a unique, holistic theory of law, which is not based on a juxtaposition of natural law and positive law, but tries to deduce the nature of law from the nature of men. Even though this theory probably did not influence the writings of the later classical jurists in a direct way, Roman law was open enough for philosophical arguments to allow Cicero to make use of this theory within the legal discourse. Using examples from Cicero's forensic speeches, the paper demonstrates how Cicero refers to his philosophical concept in order to develop specifically legal arguments.
Subject
History of Law
Collection:
Edinburgh Scholarship Online
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