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This chapter considers the concept of the emperor who obeys the law, which persists throughout the Principate but which emerged in the late first century CE. I first discuss the lex de imperio Vespasiani, which portrayed imperial power as the object of a senatorial grant and thus constructs Vespasian as a kind of legally empowered agent rather than an omnipotent sovereign. I then discuss an edict of the emperor Titus which reaffirmed prior imperial grants en masse, and argue that this not only made it possible for emperors to exercise more granular control over the Roman world, but also analogized Titus’ position as Vespasian’s successor to that of a son succeeding his father under the Roman law of obligations. Finally I consider how Pliny describes Trajan’s engagement with law in the Panegyricus, and how Trajan uses law as a medium for the performance of legal and political subjecthood.
In 1981, when Nicole Loraux published The Invention of Athens, it still seemed possible to take Isocrates’s Panegyricus as evidence for the funeral oration because of his treatise’s explicit appropriation of this genre. At the time, Isocrates was seen as a simple pamphlet-writer, who reflected the popular morality of fourth-century Athens. Forty years later, however, Isocratesʼ ‘pamphlets’ are now seen as rhetorical declamations or even real philosophical works. This chapter reconsiders Isocrates’ relationship to the funeral oration in light of this new reading of his oeuvre. It demonstrates that Isocrates took a critical, if not hostile, stance towards the public funeral for the war dead. While he acknowledged myth’s value as a moral paradigm for contemporary politics, Isocrates repeatedly argued that history since the Persian Wars had all been a moral decline for both Athens and Sparta. Since the public funeral had always commemorated the Athenian war dead of this period, Isocrates described it as a display of Athens’s abject failure. While he did appropriate some aspects of the funeral oration for his own purposes, Isocrates’s breaking of the continuity between Athens’ mythical and historical exploits challenged a central contention of this prestigious genre.
This last long chapter sharpens the profile of ‘Quintilian in Brief’, and widens the gaze, through syncrisis. I first compare Quintilian’s place in Epistles 1–9 with that in ‘Epistles 10’ (non-existent) and the Panegyricus (limited), and draw some inferences about the different nature, composition and audience of Pliny’s three works. The chapter then devotes itself to Pliny’s contemporary Tacitus. I consider briefly how the Annals imitates the Epistles (and note that Juvenal does too). The focus here, though, is on his Dialogus, both as another punctilious response to the Institutio and as an important ingredient of Pliny’s collection. I propose that the Dialogus antedates the Epistles; show that Pliny imitates it frequently, complicatedly and wittily; and argue that the whole Tacitus cycle is bound into a specifically Quintilianic project. The chapter includes close readings of the Dialogus, Annals 4.32, 4.61 and 15.67 and Epistles 3.20, 4.11, 4.25, 6.21, 7.20, 9.2, 9.10, 9.23 and 9.27; it ends where Chapter 1 began, in Epistles 1.6.
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