Cicero’s trials and the decline of Roman law explored in new book

Josiah Osgood’s Lawless Republic examines Cicero’s legal career and its role in Rome’s descent into political chaos.

Study for 'Cicero and His Friends,' circa 1770s. Photo by Ashmolean Museum/Getty Images

By Novanka Laras and Adelina Indah

Cicero, one of Rome’s greatest orators, is often remembered for his sharp legal mind and rhetorical brilliance. Among his most famous statements is Silent enim leges inter arma—“The laws are silent amid weaponry”—delivered in 52 B.C. during his defense of Milo, a man accused of killing his political rival, Clodius. At first glance, Cicero’s words appear to lament the collapse of legal order in the late Roman Republic. However, as Josiah Osgood argues in Lawless Republic, Cicero’s intent was far more complex. Instead of decrying the erosion of law, he was justifying Milo’s actions by claiming that, in times of violence, homicide could be a legitimate response.

Cicero’s defense of Milo exemplifies a troubling shift in Roman law, one in which political violence was increasingly tolerated. By framing Clodius’s ambush as an act of war, Cicero suggested that his client had no legal recourse and was therefore justified in killing. Osgood argues that rather than upholding justice, Cicero helped accelerate Rome’s descent into lawlessness, legitimizing vigilante violence in the process.

The trials that shaped Rome’s legal and political order

Unlike traditional biographies, Lawless Republic is structured around the key trials Cicero participated in, beginning with a murder case in 80 B.C. Each trial exposes the weaknesses of Rome’s judicial system and highlights how corruption, bribery, and political influence undermined justice.

One of the book’s most compelling chapters examines Cicero’s prosecution of Verres in 70 B.C. Verres, a governor accused of looting Sicilian art and abusing his power, epitomized the unchecked corruption of Rome’s elite. Despite strict laws against bribery, wealthy defendants often escaped justice by paying off jurors. Cicero’s case against Verres momentarily restored faith in the legal system, but as Osgood illustrates, it was an exception rather than the rule.

Other trials highlight Rome’s judicial dysfunction. A poisoning case reveals how courts intended to prosecute such crimes often led to false accusations, as any unexplained death could be classified as murder. These legal failings contributed to growing public distrust, reinforcing the idea that true justice could only be secured through political power rather than the courts.

Rome’s descent into violence and the rise of autocracy

The trials covered in Lawless Republic take place against a backdrop of political instability. Between the dictatorship of Sulla in 82 B.C. and the assassination of Julius Caesar in 44 B.C., Rome was plagued by factional violence and the steady erosion of legal norms. Once Sulla defied the rule of law and escaped punishment, enforcing legal codes became increasingly difficult. As Osgood details, the breakdown of legal institutions paved the way for autocracy, culminating in Augustus’s reign.

Cicero’s own political ambitions further complicated his role in Rome’s legal history. While his success in the courts bolstered his career, Osgood argues that his legal work often served political ends. Cicero’s willingness to defend powerful figures from outside Rome, he suggests, was a strategic move to gain the support of wealthy Italian voters. This political pragmatism ultimately shaped Cicero’s consulship in 63 B.C., when he confronted his most infamous adversary, Catiline.

The Catiline conspiracy and Cicero’s controversial actions

Catiline’s failed attempt to seize power remains one of the most dramatic episodes in Roman history. After losing his bid for consulship, Catiline conspired to overthrow the government, prompting Cicero to deliver his famous Catilinarians. These speeches, known for their rhetorical brilliance, exposed the plot and rallied the Senate against Catiline.

However, Cicero’s response to the crisis remains deeply controversial. As consul, he ordered the execution of five suspected conspirators without trial. Though he viewed this as an act of salvation for the Republic, Osgood takes a more critical stance, arguing that Cicero “fanned hysteria rather than tried to calm it.” By bypassing due process, Cicero set a precedent for extrajudicial killings, further eroding Rome’s legal safeguards.

Modern parallels and the lessons of Lawless Republic

Osgood avoids drawing explicit comparisons between Rome’s decline and modern politics, but the parallels are difficult to ignore. His book raises a question that remains relevant today: How can the rule of law be restored after an outbreak of violence? The book’s exploration of political leaders manipulating legal institutions for their own ends offers a sobering reflection on the fragility of democratic systems.

One particularly striking parallel is Osgood’s observation that Catiline’s actions undermined a key principle of the Republic—the peaceful transfer of power. The inability to resolve disputes within the legal framework, he suggests, hastened Rome’s fall into autocracy.

Cicero’s downfall and the cost of political violence

Cicero’s role in Rome’s judicial decline ultimately came full circle. Two decades after sanctioning the extrajudicial execution of Catiline’s men, he himself fell victim to the same lawlessness he had helped justify. In 43 B.C., Mark Antony ordered Cicero’s assassination, marking the end of his tumultuous career.

Lawless Republic presents Cicero as both a brilliant legal mind and a figure entangled in the corruption of his era. His willingness to bend legal principles for political gain contributed to the very chaos that would ultimately claim his life. Through Osgood’s meticulous research and compelling storytelling, the book provides a fascinating look at how Rome’s legal system unraveled and what that decline meant for the future of governance.

A gripping account of Rome’s legal collapse

Josiah Osgood’s Lawless Republic offers a fresh perspective on one of history’s most turbulent periods. By structuring the book around key trials, he paints a vivid picture of a legal system in crisis and a society on the brink of collapse. His analysis of Cicero’s legal defenses, particularly in the trial of Milo, challenges traditional interpretations and forces readers to reconsider the orator’s legacy.

For anyone interested in Roman history, political corruption, or the fragility of legal institutions, Lawless Republic is a must-read. It not only sheds light on the final days of the Republic but also serves as a cautionary tale about the consequences of undermining the rule of law.