Description of Course
The sudden institution of democratic courts in Athens 2500 years ago spawned a new direction in speech. Since by law each citizen spoke for himself before juries of hundreds of his peers under time restraints, successful speakers needed to learn how to arrange broadly attractive arguments and narrate their case economically while consistently maintaining maximum clarity. By the Roman period changes in courts and law called for new strategies, but the Athenian model speeches, written down and savored for centuries, continued to be studied. This course will focus on several specific speeches from each of these historical developments in an attempt to become familiar with the origins of legal speech and its application to education. But more important than historical discovery will be the opportunity for students to enter into this tradition of clear, persuasive language as they focus on improving their own writing and speaking.
Requirements
Each student will be expected to read
all assigned texts carefully and participate frequently and effectively in
class discussion. Students will
compose six papers of increasing challenge and length while
also working on a short, eight minute oral presentation to be given near the
end of the semester. Finally,
students will demonstrate their mastery of the course material and methods by
passing a midterm and final exam.
Grading
Class Participation: 10 percent
Papers: 40 percent (each page worth roughly 2 percent of final grade: 20 pages total)
Midterm: 15 percent
Oral Presentation: 20 percent
Final: 15 percent
Assignments and Daily
Schedule
August 26: Introductions
Part 1: Birth of (ancient) eloquence in Athenian courts
Aug 28: read Lysias 1 and recreate prosecution
September 2: previous history of law (read Early Courts handout and Gortyn Law Code) -- discuss how humans come to law; define law and courts (writing assignment 1: compose 1 page paper/250 words as prologue for prosecution using Lysias' proem as your model)
Sept. 4: read article on legal background and reconstruct basics of legal system and courts from details in Lysias 1 (electronic reserve "S.D. Todd")
Sept 9: read/discuss Wasps (on electronic reserve)
Sept 11:choose a detail from the narrative and explain its position in the speech while employing the understanding of Athenian law and courts gained in the previous week's reading (2 page paper due)
Sept 16: prepare a chronology of the main narrative in Lysias 1 and ponder why Lysias ordered the events as he did
Sept 18: read and critique Porter's "Adultery by the Book" and Gagarin's "Telling Stories in Athenian Law" (on electronic reserve)
Sept 23: Read Lysias Speech 3
Sept 25: Read Cohen's "Crime, Punishment, and the Rule of Law in Classical Athens" (on electronic reserve)and compose a 2 page paper of criticism.
Sept 30: Library Orientation: meet at B2 computer in room in Boatwright Library
October 2: Read Lysias 24
Oct 7: 3 page paper due: how do law and persuasion interact in the speeches of Lysias and/or Athens itself?
Oct 9: MIDTERM EXAM
Part 2: Eloquence in Roman courts:Cicero's Example
Oct 16: read the Pro Archia and recreate the prosecution
Oct 21: Roman myth and justice: early Roman law/courts (read The Twelve Tables)
Oct 23: recreate courts from evidence in Cicero's speech (these resources may help: an overview of Roman juries and an exhaustive catalog of all trials in the Late Republican period)
Oct 28: Roman Constitution: read Polybius Book 6 on the Roman Constitution
Oct 30: choose detail and explain why Cicero placed it there in his speech (3 pager due)
November 4: read and critique W.M. Porter's article "Cicero's Pro Archia and the Responsibilities of Reading" (on electronic reserve)
Nov 6: read selection on legal education in the De Oratore then compose a 2 page paper on what it tells us about strategies for persuasion in Roman courts
Nov 11: Read Cicero's Pro Caelio
Nov 13: Research Paper Due (7 pages)
Nov 18: Read Cicero's Pro Milone
Nov 20: Oral Presentations
Nov 25: Oral Presentations
December 2: Lecture: the Afterlife of Greco-Roman Oratory and Law
Dec 4: Concluding discussion
Dec 12: FINAL EXAM (9 AM)
Texts
S.C. Todd (translator), Lysias, U. of Texas Press, 2000.
D.H. Berry (translator), Cicero: Defense Speeches, Oxford U. Press, 2000.
Course Policies
Last edited: November 3, 2014