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5 - The Legal Professions

Published online by Cambridge University Press:  05 June 2012

Andrew M. Riggsby
Affiliation:
University of Texas, Austin
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Summary

A roman facing a legal problem might be assisted by two different kinds of professionals (or, if not literally professionals, at least experts): an advocate, whose training and experience were primarily in public speaking, and a “jurist,” whose role was primarily in interpreting and explaining the law. The first section will sketch out the differences between the two (which changed somewhat over time). The second will discuss ways in which the two remained somewhat connected to each other. The last briefly treats a few other types of legal workers.

THE TWO PROFESSIONS

Aquilius Gallus, a legal expert of the mid first century bc, made himself available to answer legal questions from strangers. When asked about handling questions of fact that arose in particular cases, he is said to have answered: “That is not a question for the law; it is a question for Cicero.” While he framed the matter as a difference between persons (himself and 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 different 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.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • The Legal Professions
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.006
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  • The Legal Professions
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Legal Professions
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.006
Available formats
×