About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

10 Int'l J. Semiotics L. 3 (1997)

handle is hein.journals/intjsemi10 and id is 1 raw text is: International Journal for the Semiotics of Law VoI.X no.28 [19971

SIR EDWARD COKE, CICERONIANUS:
CLASSICAL RHETORIC AND THE COMMON LAW TRADITION
by
ALLEN D. BOYER*
And verily I suppose, if there might once happen some man, having an
excellent wit ... exactly or deeply learned in the art of an orator, and also in
the laws of this realm ... undoubtedly it should not be impossible for him
to bring the pleading and reasoning of the law, to the ancient form of noble
orators.
-- Sir Thomas Elyot
John Selden, reflecting on the common law, called it the English
Janus.1 The image of Janus is an apt one to consider when thinking of
Sir Edward Coke, no less than when considering the law for which he
served as apologist and prophet. The face we know best is that of the
Elizabethan judge, with pointed beard and velvet cap and chain of office,
who stares piercingly at us from the deepest alcove of the law library.
Looking back at Coke, we see the first titan in the history of the modern
common law, the earliest judge and jurisprudent whose works are still
regularly cited by practicing lawyers.
But Coke has another aspect, one which it is harder to recover.
From his Elizabethan vantage-point he looks back into different
*   New York Stock Exchange Enforcement Division. B.A. Vanderbilt
University, J.D. University of Virginia, Ph.D. University of St. Andrews.
Opinions expressed herein are solely those of the author and are not necessarily
those of the New York Stock Exchange, Inc. or any of its officers.
Thanks are due, for their assistance, suggestions, and encouragement, to
Roscoe A. Boyer, Kathleen Dicks Boyer, J.H. Baker, Thomas Barnes, Daniel
Coquillette, Charles Gray, Richard Helgerson, David Ibbetson, W.J. Jones,
Mark Nicholls, Jack Schlegel, David Seipp, Richard Sherwin, Michael Sinclair,
Aviam Soifer, Victor Tunkel, David Warrington, faculty symposium
participants at Boston College Law School, and the librarians of the New York
Law Institute, New York County Lawyers Society, British Library, and
Cambridge University Library. Manuscript research was graciously supported by
the American Philosophical Society.
I John Selden, Jani Anglorum FaciesAltera (1610).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most