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Chapter 2 - Innocence and Intent

from Part I - The Practice of Voluntas

Published online by Cambridge University Press:  24 November 2022

Lex Paulson
Affiliation:
Université Mohammed VI Polytechnique, Morocco
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Summary

In this chapter, I examine how voluntas helps the young lawyer Cicero craft arguments and structure relationships with Roman clients, witnesses, and juries. In the De inventione and forensic speeches, we see his struggle to reconcile tradition with new intellectual tools. As he seeks to bring ratio more fully into Roman legal culture, voluntas plays a plural and ambiguous role. It is an instrument of rational inquiry, as in the competing schemata of criminal responsibility he examines in the De inventione. As it has always been in Roman law, voluntas is the desire of a legally relevant individual, emanating from and attributable to him alone – the marker of his agency and responsibility. So, too, however, is it used to signify the collective goodwill of an audience, which Cicero makes clear is the expert orator’s plaything. The “goodwill” sense of voluntas adds greatly to its durability in moral philosophy. While a sententia or iudicium pertain to a specific question, voluntas marks an ongoing choice or disposition, such as the will of a legislator, to be conserved. Cicero’s objectives for the law go largely unachieved in his time, but they expand Rome’s intellectual field of vision.

Type
Chapter
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Cicero and the People’s Will
Philosophy and Power at the End of the Roman Republic
, pp. 32 - 56
Publisher: Cambridge University Press
Print publication year: 2022

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  • Innocence and Intent
  • Lex Paulson, Université Mohammed VI Polytechnique, Morocco
  • Book: Cicero and the People’s Will
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009082587.004
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  • Innocence and Intent
  • Lex Paulson, Université Mohammed VI Polytechnique, Morocco
  • Book: Cicero and the People’s Will
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009082587.004
Available formats
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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.

  • Innocence and Intent
  • Lex Paulson, Université Mohammed VI Polytechnique, Morocco
  • Book: Cicero and the People’s Will
  • Online publication: 24 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009082587.004
Available formats
×