Cicero als jurist und theoretiker

Abstract

Ciceros entire opus carried out a great influence to the development of Roman law in different ways, and to the modern continental legal systems throught it. Not only his legal writing, but also his philosophical contribution enabled the basic Greek philosophical principles cosidering ius naturale to be integrated into the Roman way of legal reasoning. That idea made a latter impact in formation of positive law on particular issues strenghting the concept of ius aequum. The author calls attention to parallelism and close relationship between Ciceros rhetoric and jurisprudence. Particular attention is paid to the role of his rhetoric in developing judicial argumentation. According to Cicero, an orator was expected to be well informed in law, since the knowledge of ius civile was tightly connected to honor, gratia and dignitas, which are basic demands considering orators caracter and value of argumentation. Through analysis of Roman law, Cicero pays attention to a variety of legal systems existing within the Imperium Romanum. He also contributed on that ground to the formation and development of particular legal terms and institutions, so that study of his works helps in detecting interpolations in the legal sources. The author therefore concludes that Cicero is worthy of being seen as one of the most influential and important figures not only in ancient rhetoric, as he is usually perceived, but in law as well, particularly due to the firm and deep ties between the two disciplines that he mastered.