A philippic ( /fɪˈlɪpɪk/ ) is a fiery, damning speech, or tirade , delivered to condemn a particular political actor. The term is most famously associated with three noted orators of the ancient world: Demosthenes of ancient Athens , Cato the Elder and Cicero of ancient Rome . The term itself is derived from Demosthenes's speeches in 351 BC denouncing the imperialist ambitions of Philip of Macedon , which later came to be known as The Philippics .
144-482: The original "philippics" were delivered by Demosthenes , an Athenian statesman and orator in Classical Greece , who delivered several attacks on Philip II of Macedon in the 4th century BC. Experts have questioned his intentions behind the philippics. A First , Second , and Third Philippic have been ascribed to Demosthenes. A Fourth Philippic is also extant, but is of disputed authorship. Cato
288-436: A jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with
432-413: A voluntary dismissal , so that the settlement agreement is never entered into the court record. The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing
576-539: A "civil action." In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant . England and Wales began to turn away from traditional common law terminology with the Rules of the Supreme Court (1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before
720-642: A Greek professor and academician , believes that Isaeus helped Demosthenes edit his initial judicial orations against his guardians. Demosthenes is also said to have admired the historian Thucydides . In the Illiterate Book-Fancier, Lucian mentions eight beautiful copies of Thucydides made by Demosthenes, all in Demosthenes' own handwriting. These references hint at his respect for a historian he must have assiduously studied. According to Plutarch, when Demosthenes first addressed himself to
864-413: A bad erastes to Aristarchus so as not even to deserve the name. His crime, according to Aeschines, was to have betrayed his eromenos by pillaging his estate, allegedly pretending to be in love with the youth so as to get his hands on the boy's inheritance. Nevertheless, the story of Demosthenes' relations with Aristarchus is still regarded as more than doubtful, and no other pupil of Demosthenes
1008-515: A complete absence of proof; as J. H. Vince states "there was no room for chivalry in Athenian political life". Such rivalry enabled the demos ("citizen-body") to reign supreme as judge, jury and executioner. Demosthenes was to become fully engaged in this kind of litigation and he was also to be instrumental in developing the power of the Areopagus to indict individuals for treason, invoked in
1152-409: A copy of the complaint to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff. In a handful of jurisdictions (notably,
1296-509: A disordered fashion. Demosthenes undertook a disciplined programme to overcome his weaknesses and improve his delivery, including diction, voice and gestures. According to one story, when he was asked to name the three most important elements in oratory, he replied "Delivery, delivery and delivery!" It is unknown whether such vignettes are factual accounts of events in Demosthenes' life or merely anecdotes used to illustrate his perseverance and determination. To make his living, Demosthenes became
1440-595: A focus and a raison d'être . Demosthenes saw the King of Macedon as a menace to the autonomy of all Greek cities and yet he presented him as a monster of Athens's own creation; in the First Philippic he reprimanded his fellow citizens as follows: "Even if something happens to him, you will soon raise up a second Philip [...]". The theme of the First Philippic (351–350 BC) was preparedness and
1584-401: A history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. When
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#17327657666481728-480: A large mirror. As soon as Demosthenes came of age in 366 BC, he demanded his guardians render an account of their management. According to Demosthenes, the account revealed the misappropriation of his property. Although his father left an estate of nearly fourteen talents (equivalent to about 220 years of a labourer's income at standard wages, or 11 million dollars in terms of median U.S. annual incomes). Demosthenes asserted his guardians had left nothing "except
1872-530: A leading part in his city's uprising. According to Aeschines, "it was but the seventh day after the death of his daughter, and though the ceremonies of mourning were not yet completed, he put a garland on his head and white raiment on his body, and there he stood making thank-offerings, violating all decency." Demosthenes also sent envoys to Attalus , whom he considered to be an internal opponent of Alexander. Nonetheless, Alexander moved swiftly to Thebes, which submitted shortly after his appearance at its gates. When
2016-500: A means to attack him. In the case of Aristion, a youth from Plataea who lived for a long time in Demosthenes' house, Aeschines mocks the "scandalous" and "improper" relation. In another speech, Aeschines brings up the pederastic relation of his opponent with a boy called Cnosion. The slander that Demosthenes' wife also slept with the boy suggests that the relationship was contemporary with his marriage. Aeschines claims that Demosthenes made money out of young rich men, such as Aristarchus,
2160-438: A more activist foreign policy, wherever opportunity might provide. Although his early orations were unsuccessful and reveal a lack of real conviction and of coherent strategic and political prioritisation, Demosthenes established himself as an important political personality and broke with Eubulus' faction, of which a prominent member was Aeschines. He thus laid the foundations for his future political successes and for becoming
2304-421: A plain near Chaeronea , where he defeated them. Demosthenes fought as a mere hoplite . Such was Philip's hatred for Demosthenes that, according to Diodorus Siculus , the King after his victory sneered at the misfortunes of the Athenian statesman. However, the Athenian orator and statesman Demades is said to have remarked: "O King, when Fortune has cast you in the role of Agamemnon , are you not ashamed to act
2448-418: A political quid pro quo , whereby Apollodorus secretly pledged support for unpopular reforms that Demosthenes was pursuing in the greater, public interest (i.e. the diversion of Theoric Funds to military purposes). Demosthenes was admitted to his dêmos ( δῆμος ) as a citizen with full rights probably in 366 BC, and he soon demonstrated an interest in politics. In 363 and 359 BC, he assumed
2592-494: A portion of his inheritance. According to Pseudo-Plutarch , Demosthenes was married once. The only information about his wife, whose name is unknown, is that she was the daughter of Heliodorus, a prominent citizen. Demosthenes also had a daughter, "the only one who ever called him father", according to Aeschines in a trenchant remark. His daughter died young and unmarried a few days before Philip II's death. In his speeches, Aeschines uses pederastic relations of Demosthenes as
2736-583: A professional litigant, both as a " logographer " ( λογογράφος , logographos ), writing speeches for use in private legal suits, and as an advocate ( συνήγορος , sunégoros ) speaking on another's behalf. He seems to have been able to manage any kind of case, adapting his skills to almost any client, including wealthy and powerful men. It is not unlikely that he became a teacher of rhetoric and that he brought pupils into court with him. However, though he probably continued writing speeches throughout his career, he stopped working as an advocate once he entered
2880-498: A reed, pretending he wanted to write a letter to his family. When Demosthenes felt that the poison was working on his body, he said to Archias: "Now, as soon as you please you may commence the part of Creon in the tragedy, and cast out this body of mine unburied. But, O gracious Neptune, I, for my part, while I am yet alive, arise up and depart out of this sacred place; though Antipater and the Macedonians have not left so much as
3024-408: A reply to this counterclaim. The defendant may also file a " third party complaint ", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for
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#17327657666483168-413: A school of rhetoric he had opened and instead devote himself wholly to Demosthenes, his new pupil. Another version credits Isaeus with having taught Demosthenes without charge. According to Sir Richard C. Jebb , a British classical scholar, "the intercourse between Isaeus and Demosthenes as teacher and learner can scarcely have been either very intimate or of very long duration". Konstantinos Tsatsos ,
3312-407: A share of the ultimate settlement or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back. Legal financing is different from a typical bank loan in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that
3456-616: A special Athenian embassy led by Phocion , an opponent of the anti-Macedonian faction, was able to persuade Alexander to relent. According to ancient writers, Demosthenes called Alexander "Margites" ( ‹See Tfd› Greek : Μαργίτης ) and a boy. Greeks used the word Margites to describe foolish and useless people, on account of the Margites . Despite the unsuccessful ventures against Philip and Alexander, most Athenians still respected Demosthenes, because they shared his sentiments and wished to restore their independence. In 336 BC,
3600-400: A speech for Phormion (350 BC), a wealthy banker, and then communicated it to Apollodorus, who was bringing a capital charge against Phormion. Plutarch much later supported this accusation, stating that Demosthenes "was thought to have acted dishonourably" and he also accused Demosthenes of writing speeches for both sides. It has often been argued that the deception, if there was one, involved
3744-415: A trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment , lack of a valid claim, and other reasons. At trial, each person presents witnesses and
3888-765: A war in Euboea against Philip, which ended in a stalemate. In 348 BC a peculiar event occurred: Meidias , a wealthy Athenian, publicly slapped Demosthenes, who was at the time a choregos at the Greater Dionysia , a large religious festival in honour of the god Dionysus . Meidias was a friend of Eubulus and supporter of the unsuccessful excursion in Euboea. He also was an old enemy of Demosthenes; in 361 BC he had broken violently into his house, with his brother Thrasylochus, to take possession of it. Demosthenes decided to prosecute his wealthy opponent and wrote
4032-415: Is a generalized description of how a lawsuit may proceed in a common law jurisdiction: A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by
4176-416: Is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending
4320-595: Is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have
4464-486: Is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers. A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery , which
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4608-436: Is considered to be the best of his political orations. Using all the power of his eloquence, he demanded resolute action against Philip and called for a burst of energy from the Athenian people. He told them that it would be "better to die a thousand times than pay court to Philip". Demosthenes now dominated Athenian politics and was able to considerably weaken the pro-Macedonian faction of Aeschines. In 341 BC Demosthenes
4752-571: Is criticised for having overrated Athens's capacity to revive and challenge Macedon. His city had lost most of its Aegean allies, whereas Philip had consolidated his hold over Macedonia and was master of enormous mineral wealth. Chris Carey, a professor of Greek in UCL , concludes that Demosthenes was a better orator and political operator than strategist. Nevertheless, the same scholar underscores that "pragmatists" like Aeschines or Phocion had no inspiring vision to rival that of Demosthenes. The orator asked
4896-409: Is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court . The defendant is required to respond to the plaintiff's complaint or else risk default judgment . If the plaintiff
5040-482: Is illustrated by the inscription his countrymen engraved on the base of his statue: Had you for Greece been strong, as wise you were, the Macedonian would not have conquered her. George Grote notes that already thirty years before his death, Demosthenes "took a sagacious and provident measure of the danger which threatened Grecian liberty from the energy and encroachments of Philip." Throughout his career "we trace
5184-409: Is known by name. Between his coming of age in 366 BC and the trials that took place in 364 BC, Demosthenes and his guardians negotiated acrimoniously but were unable to reach an agreement, for neither side was willing to make concessions. At the same time, Demosthenes prepared himself for the trials and improved his oratory skill. According to a story repeated by Plutarch , when Demosthenes
5328-437: Is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides
5472-399: Is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment , for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince
5616-436: Is probable that Demosthenes actually suffered from rhotacism , mispronouncing ρ (r) as λ (l). Aeschines taunted him and referred to him in his speeches by the nickname "Batalus", apparently invented by Demosthenes' pedagogues or by the little boys with whom he was playing —which corresponded to how someone with that variety of rhotacism would pronounce " Battaros ," the name of a legendary Libyan king who spoke quickly and in
5760-727: Is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right , award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes . A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations . A lawsuit may also involve issues of public law in
5904-404: Is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims or defenses. At this point, the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial. There is also
Philippic - Misplaced Pages Continue
6048-655: The Amphictyonic Council . During a meeting of the council, Philip accused the Amfissian Locrians of intruding on consecrated ground. The presiding officer of the council, a Thessalian named Cottyphus, proposed the convocation of an Amphictyonic Congress to inflict a harsh punishment upon the Locrians. Aeschines agreed with this proposition and maintained that the Athenians should participate in
6192-579: The League of Corinth , a confederation of Greek states under his leadership, and returned to Pella. In 336 BC, Philip was assassinated at the wedding of his daughter, Cleopatra of Macedon , to King Alexander of Epirus . The Macedonian citizens swiftly proclaimed Alexander III of Macedon , then twenty years old, as the new King of Macedon. Greek cities like Athens and Thebes saw in this change of leadership an opportunity to regain their full independence. Demosthenes celebrated Philip's assassination and played
6336-621: The Peloponnese , to detach as many cities as possible from Macedon's influence, but his efforts were generally unsuccessful. Most of the Peloponnesians saw Philip as the guarantor of their freedom and sent a joint embassy to Athens to express their grievances against Demosthenes' activities. In response, Demosthenes delivered the Second Philippic , a vehement attack against Philip. In 343 BC Demosthenes delivered On
6480-575: The Phocians at the Battle of Crocus Field shook Demosthenes. In 351 BC, Demosthenes felt strong enough to express his view concerning the most important foreign policy issue facing Athens at that time: the stance his city should take towards Philip. According to Jacqueline de Romilly , a French philologist and member of the Académie française , the threat of Philip would give Demosthenes' stances
6624-496: The Triballians . The Thebans and the Athenians rebelled once again, financed by Darius III of Persia , and Demosthenes is said to have received about 300 talents on behalf of Athens and to have faced accusations of embezzlement. Alexander reacted immediately and razed Thebes to the ground. He did not attack Athens, but demanded the exile of all anti-Macedonian politicians, Demosthenes first of all. According to Plutarch ,
6768-469: The U.S. state of New York ) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention. If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to
6912-657: The ekklesia by a process called ἀπόφασις ( apóphasis ). In 354 BC, Demosthenes delivered his first political oration, On the Navy , in which he espoused moderation and proposed the reform of the symmoriai (boards) as a source of funding for the Athenian fleet. In 352 BC, he delivered For the Megalopolitans and, in 351 BC, On the Liberty of the Rhodians. In both speeches he opposed Eubulus ,
7056-582: The Areopagus conducted an inquiry and charged Demosthenes and others with mishandling twenty talents. Among the accused, Demosthenes was the first to be brought to trial before an unusually numerous jury of 1,500. He was found guilty and fined 50 talents. Unable to pay this huge amount, Demosthenes escaped and only returned to Athens nine months later, after the death of Alexander. Upon his return, he "received from his countrymen an enthusiastic welcome, such as had never been accorded to any returning exile since
7200-561: The Athenians learned that Alexander had moved quickly to Boeotia, they panicked and begged the new King of Macedon for mercy. Alexander admonished them but imposed no punishment. In 335 BC Alexander felt free to engage the Thracians and the Illyrians , but, while he was campaigning in the north, Demosthenes spread a rumour—even producing a bloodstained messenger—that Alexander and all of his expeditionary force had been slaughtered by
7344-433: The Athenians to choose that which is just and honourable, before their own safety and preservation. The people preferred Demosthenes' activism and even the bitter defeat at Chaeronea was regarded as a price worth paying in the attempt to retain freedom and influence. According to Professor of Greek Arthur Wallace Pickarde, success may be a poor criterion for judging the actions of people like Demosthenes, who were motivated by
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#17327657666487488-429: The Athenians turn over Demosthenes and Hypereides, among others. Following his order, the ekklesia had no choice but to reluctantly adopt a decree condemning the most prominent anti-Macedonian agitators to death. Demosthenes escaped to a sanctuary on the island of Kalaureia (modern-day Poros ), where he was later discovered by Archias, a confidant of Antipater. He died by suicide before his capture by taking poison out of
7632-555: The Congress. Demosthenes however reversed Aeschines' initiatives and Athens finally abstained. After the failure of a first military excursion against the Locrians, the summer session of the Amphictyonic Council gave command of the league's forces to Philip and asked him to lead a second excursion. Philip decided to act at once; in the winter of 339–338 BC, he passed through Thermopylae, entered Amfissa and defeated
7776-635: The Council of the League. Demosthenes was among those who adopted a pragmatic approach, and recommended this stance in his oration On the Peace . For Edmund M. Burke, this speech heralds a maturation in Demosthenes' career: after Philip's successful campaign in 346 BC, the Athenian statesman realised that, if he was to lead his city against the Macedonians, he had "to adjust his voice, to become less partisan in tone". In 344 BC Demosthenes travelled to
7920-671: The Elder is also associated with the concept of the Philippic. Just as Demosthenes had been warning of the militaristic intentions of Philip of Macedon, so Cato warned the Romans of the potential threat posed by the Carthaginians. Plutarch recorded a common ending to Cato's speeches: "Carthago delenda est" or 'Carthage must be destroyed'. Cicero consciously modeled his own condemnations of Mark Antony on Demosthenes's speeches, and if
8064-585: The False Embassy against Aeschines, who was facing a charge of high treason. Nonetheless, Aeschines was acquitted by the narrow margin of thirty votes by a jury which may have numbered as many as 1,501. In 343 BC, Macedonian forces were conducting campaigns in Epirus and, in 342 BC, Philip campaigned in Thrace. He also negotiated with the Athenians an amendment to the Peace of Philocrates. When
8208-713: The Greek states. After Philip's death, Demosthenes played a leading part in his city's uprising against the new king of Macedonia , Alexander the Great . However, his efforts failed, and the revolt was met with a harsh Macedonian reaction. To prevent a similar revolt against his own rule, Alexander's successor in this region, Antipater , sent his men to track Demosthenes down. Demosthenes killed himself to avoid being arrested by Archias of Thurii , Antipater's confidant. The Alexandrian Canon , compiled by Aristophanes of Byzantium and Aristarchus of Samothrace , called Demosthenes one of
8352-500: The Greeks. The historian maintains that Demosthenes measured everything by the interests of his own city, imagining that all the Greeks ought to have their eyes fixed upon Athens. According to Polybius, the only thing the Athenians eventually got by their opposition to Philip was the defeat at Chaeronea. "And had it not been for the King's magnanimity and regard for his own reputation, their misfortunes would have gone even further, thanks to
8496-532: The Locrians. After this significant victory, Philip swiftly entered Phocis in 338 BC. He then turned south-east down the Cephissus valley, seized Elateia , and restored the fortifications of the city. At the same time, Athens orchestrated the creation of an alliance with Euboea , Megara , Achaea , Corinth , Acarnania and other states in the Peloponnese. However the most desirable ally for Athens
8640-680: The Macedonian army approached Chersonese (now known as the Gallipoli Peninsula ), an Athenian general named Diopeithes ravaged the maritime district of Thrace, thereby inciting Philip's rage. Because of this turbulence, the Athenian Assembly convened. Demosthenes delivered On the Chersonese and convinced the Athenians not to recall Diopeithes. Also in 342 BC, he delivered the Third Philippic , which
8784-469: The Roman biographer Hermippus, he was a student of Plato . Lucian , a Roman-Syrian rhetorician and satirist , lists the philosophers Aristotle , Theophrastus and Xenocrates among his teachers. These claims are nowadays disputed. According to Plutarch, Demosthenes employed Isaeus as his master in rhetoric, even though Isocrates was then teaching this subject, either because he could not pay Isocrates
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#17327657666488928-412: The ability of one to make an under-oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in the trial. It is notable that the depositions can be written or oral. At the close of discovery, the parties may either pick
9072-482: The ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether. Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine , for example in the United States ), or vice versa. It
9216-486: The ability to enforce a judgment if the defendant's assets are theoretically outside their reach. Lawsuits can become additionally complicated as more parties become involved (see joinder ). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into
9360-414: The allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against
9504-488: The approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment. Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other attorney's fees may be able to obtain legal financing . Legal financing companies can provide a cash advance to litigants in return for
9648-475: The attorneys representing them are called litigators. The term litigation may also refer to the conducting of criminal actions (see criminal procedure ). The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow. Similarly,
9792-484: The beginning, to these he kept constant to the end; and was so far from leaving them while he lived, that he chose rather to forsake his life than his purpose". On the other hand, Polybius , a Greek historian of the Mediterranean world , was highly critical of Demosthenes' policies. Polybius accused him of having launched unjustified verbal attacks on great men of other cities, branding them unjustly as traitors to
9936-513: The claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit. In medieval times, both "action" and "suit" had
10080-669: The codified text of the Ku Klux Klan Act . The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the United States , the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as
10224-568: The conclusion of the Peace of Philocrates, Philip passed Thermopylae, and subdued Phocis ; Athens made no move to support the Phocians. Supported by Thebes and Thessaly, Macedon took control of Phocis' votes in the Amphictyonic League , a Greek religious organisation formed to support the greater temples of Apollo and Demeter . Despite some reluctance on the part of the Athenian leaders, Athens finally accepted Philip's entry into
10368-698: The correspondence between Marcus Junius Brutus the Younger and Cicero is genuine [ad Brut. ii 3.4, ii 4.2], at least the fifth and seventh speeches were referred to as the Philippicae in Cicero's time. They were also called the Antonian Orations by Latin author and grammarian Aulus Gellius . After the death of Caesar , Cicero privately expressed his regret that the murderers of Caesar had not included Antony in their plot, and he bent his efforts to
10512-421: The costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills. Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where
10656-680: The days of Alkibiades ." Such a reception, the circumstances of the case, Athenian need to placate Alexander, the urgency to account for the missing funds, Demosthenes' patriotism and wish to set Greece free from Macedonian rule, all lend support to George Grote's view that Demosthenes was innocent, that the charges against him were politically-motivated, and that he "was neither paid nor bought by Harpalus." Mogens Hansen , however, notes that many Athenian leaders, Demosthenes included, made fortunes out of their political activism, especially by taking bribes from fellow citizens and such foreign states as Macedonia and Persia. Demosthenes received vast sums for
10800-415: The discrediting of Antony. Cicero even promoted illegal action, such as legitimatizing the private army of Gaius Octavius , or Octavian. In all, Cicero delivered fourteen Philippics in less than two years. Cicero's focus on Antony, however, contributed to his downfall as he failed to recognize the threat of Octavian to his republican ideal. Cicero's attacks on Antony were neither forgiven nor forgotten, with
10944-418: The division between political and military offices was beginning to be strongly marked. Almost no politician, with the exception of Phocion, was at the same time an apt orator and a competent general . Demosthenes dealt in policies and ideas, and war was not his business. This contrast between Demosthenes' intellectual prowess and his deficiencies in terms of vigour, stamina, military skill and strategic vision
11088-413: The doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as: If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of
11232-536: The effect of these works. Others would have it that the Pro Ligario , in which Cicero defends Ligarius before Caesar, was the vehicle of his renown. This literature -related article is a stub . You can help Misplaced Pages by expanding it . Demosthenes Demosthenes ( / d ɪ ˈ m ɒ s . θ ə n iː z / ; Greek : Δημοσθένης , romanized : Dēmosthénēs ; Attic Greek : [dɛːmostʰénɛːs] ; 384 – 12 October 322 BC)
11376-536: The ekklesia had refused to hear him and he was going home dejected, an actor named Satyrus followed him and entered into a friendly conversation with him. As a boy Demosthenes had a speech impairment : Plutarch refers to a weakness in his voice of "a perplexed and indistinct utterance and a shortness of breath, which, by breaking and disjointing his sentences much obscured the sense and meaning of what he spoke." There are problems in Plutarch's account, however, and it
11520-414: The evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses . The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when
11664-419: The house, and fourteen slaves and thirty silver minae " (30 minae = ½ talent). At the age of 20 Demosthenes sued his trustees to recover his patrimony and delivered five orations: three Against Aphobus during 363 and 362 BC and two Against Onetor during 362 and 361 BC. The courts fixed Demosthenes' damages at ten talents. When all the trials came to an end, he only succeeded in retrieving
11808-485: The ideals of democracy political liberty. Athens was asked by Philip to sacrifice its freedom and its democracy, while Demosthenes longed for the city's brilliance. He endeavoured to revive its imperilled values and, thus, he became an "educator of the people" (in the words of Werner Jaeger ). The fact that Demosthenes fought at the battle of Chaeronea as a hoplite indicates that he lacked any military skills. According to historian Thomas Babington Macaulay , in his time
11952-453: The importance of the navy, of alliances and of national honour, are prosecutions ( γραφὴ παρανόμων , graphē paranómōn ) against individuals accused of illegally proposing legislative texts. In Demosthenes' time, different political goals developed around personalities. Instead of electioneering, Athenian politicians used litigation and defamation to remove rivals from government processes. Often they indicted each other for breaches of
12096-603: The internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock. Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all. The following
12240-416: The judge to change the decision or grant a new trial. Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file
12384-461: The judicial oration Against Meidias . This speech gives valuable information about Athenian law at the time and especially about the Greek concept of hybris (aggravated assault), which was regarded as a crime not only against the city but against society as a whole. He stated that a democratic state perishes if the rule of law is undermined by wealthy and unscrupulous men, and that the citizens acquire power and authority in all state affairs due "to
12528-416: The lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of
12672-408: The lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata , meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be estopped from doing so. When a final judgment is entered, the plaintiff is usually barred under
12816-572: The leader of his own "party" (the issue of whether the modern concept of political parties can be applied in the Athenian democracy is hotly disputed among modern scholars). Most of Demosthenes' major orations were directed against the growing power of King Philip II of Macedon. Since 357 BC, when Philip seized Amphipolis and Pydna , Athens had been formally at war with the Macedonians . In 352 BC, Demosthenes characterised Philip as
12960-467: The legal financing company can review the merits of the case. Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury , workers' compensation , or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages , rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for
13104-405: The lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account. Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to
13248-547: The many decrees and laws he proposed. Given this pattern of corruption in Greek politics, it appears likely, writes Hansen, that Demosthenes accepted a huge bribe from Harpalus, and that he was justly found guilty in an Athenian People's Court. After Alexander's death in 323 BC, Demosthenes again urged the Athenians to seek independence from Macedon in what became known as the Lamian War . However, Antipater, Alexander's successor, quelled all opposition and demanded that
13392-498: The members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs. There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to
13536-489: The most powerful Athenian statesman of the period 355 to 342 BC. The latter was no pacifist but came to eschew a policy of aggressive interventionism in the internal affairs of the other Greek cities. Contrary to Eubulus' policy, Demosthenes called for an alliance with Megalopolis against Sparta or Thebes , and for supporting the democratic faction of the Rhodians in their internal strife. His arguments revealed his desire to articulate Athens' needs and interests through
13680-406: The motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer. Usually the pleadings are drafted by a lawyer , but in many courts persons can file papers and represent themselves, which
13824-399: The noblest and largest patriotism; trying to inflame the ancient Grecian sentiment of an autonomous Hellenic world, as the indispensable condition of a dignified and desirable existence. Legal suit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant ) in a civil court of law . The archaic term " suit in law "
13968-439: The office of the trierarch , being responsible for the outfitting and maintenance of a trireme . He was among the first ever volunteer trierarchs in 357 BC, sharing the expenses of a ship called Dawn , for which the public inscription still survives. In 348 BC, he became a choregos , paying the expenses of a theatrical production . Between 355 and 351 BC, Demosthenes continued practising law privately while he
14112-399: The opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden. There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there
14256-497: The orator Ctesiphon proposed that Athens honour Demosthenes for his services to the city by presenting him, according to custom, with a golden crown. This proposal became a political issue and, in 330 BC, Aeschines prosecuted Ctesiphon on charges of legal irregularities. In his most brilliant speech, On the Crown, Demosthenes effectively defended Ctesiphon and vehemently attacked those who would have preferred peace with Macedon. He
14400-572: The other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be " judgment-proof ." The term is generally a colloquialism to describe an impecunious defendant. Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in
14544-541: The part of Thersites [an obscene soldier of the Greek army during the Trojan War ]?" Stung by these words, Philip immediately altered his demeanour. After Chaeronea, Philip inflicted a harsh punishment upon Thebes, but made peace with Athens on very lenient terms. Demosthenes encouraged the fortification of Athens and was chosen by the ekklesia to deliver the Funeral Oration . In 337 BC, Philip created
14688-485: The people, he was derided for his strange and uncouth style, "which was cumbered with long sentences and tortured with formal arguments to a most harsh and disagreeable excess". Some citizens, however, discerned his talent. When he first left the ekklesia (the Athenian Assembly) disheartened, an old man named Eunomus encouraged him, saying his diction was very much like that of Pericles . Another time, after
14832-410: The petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in
14976-451: The plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make
15120-400: The plaintiffs. As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit. It
15264-480: The plan called for the creation of a rapid-response force, to be created cheaply with each ὁπλῑ́της ( hoplī́tēs ) to be paid only ten drachmas per month (two obols per day), which was less than the average pay for unskilled labourers in Athens—implying that the hoplite was expected to make up the deficiency in pay by looting. From this moment until 341 BC, all of Demosthenes' speeches referred to
15408-400: The plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that
15552-423: The policy of Demosthenes". Paparrigopoulos extols Demosthenes' patriotism, but criticises him as being short-sighted. According to this critique, Demosthenes should have understood that the ancient Greek states could only survive unified under the leadership of Macedon. Therefore, Demosthenes is accused of misjudging events, opponents and opportunities and of being unable to foresee Philip's inevitable triumph. He
15696-534: The political arena. Judicial oratory had become a significant literary genre by the second half of the fifth century, as represented in the speeches of Demosthenes' predecessors, Antiphon and Andocides . Logographers were a unique aspect of the Athenian justice system: evidence for a case was compiled by a magistrate in a preliminary hearing and litigants could present it as they pleased within set speeches; however, witnesses and documents were popularly mistrusted (since they could be secured by force or bribery), there
15840-417: The prescribed fee or because Demosthenes believed Isaeus' style better suited a vigorous and astute orator such as himself. Curtius , a German archaeologist and historian, likened the relation between Isaeus and Demosthenes to "an intellectual armed alliance". It has also been said that Demosthenes paid Isaeus 10,000 drachmae (somewhat over 1½ talents) on the condition that Isaeus withdraw from
15984-421: The punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision. After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there
16128-477: The reform of the Theoric fund , a mainstay of Eubulus' policy. In his rousing call for resistance, Demosthenes asked his countrymen to take the necessary action and asserted that "for a free people there can be no greater compulsion than shame for their position". He thus provided for the first time a plan and specific recommendations for the strategy to be adopted against Philip in the north. Among other things,
16272-593: The result that Cicero was proscribed and killed in 43 BC. His head and hands were publicly displayed in the Roman Forum to discourage any who would oppose the new Triumvirate of Octavian, Mark Antony and Lepidus . According to Roman historian Tacitus , the Philippicae , together with the Pro Milone , In Catilinam , and In Verrem , made Cicero famous, and much of his political career sprang from
16416-480: The same combination of earnest patriotism with wise and long-sighted policy." Had his advice to the Athenians and other fellow Greeks been followed, the power of Macedonia could have been successfully checked. Moreover, says Grote, "it was not Athens only that he sought to defend against Philip, but the whole Hellenic world. In this he towers above the greatest of his predecessors." The sentiments to which Demosthenes appeals throughout his numerous orations, are those of
16560-482: The same issue, the struggle against Philip. In 349 BC, Philip attacked Olynthus , an ally of Athens. In the three Olynthiacs , Demosthenes criticised his compatriots for being idle and urged Athens to help Olynthus. He also insulted Philip by calling him a "barbarian". Despite Demosthenes' strong advocacy, the Athenians would not manage to prevent the falling of the city to the Macedonians. Almost simultaneously, probably on Eubulus' recommendation, they engaged in
16704-485: The same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect
16848-411: The sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state. Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and
16992-475: The son of Moschus, whom he allegedly deceived with the pretence that he could make him a great orator. Apparently, while still under Demosthenes' tutelage, Aristarchus killed and mutilated a certain Nicodemus of Aphidna. Aeschines accused Demosthenes of complicity in the murder, pointing out that Nicodemus had once pressed a lawsuit accusing Demosthenes of desertion. He also accused Demosthenes of having been such
17136-515: The statute laws ( graphē paranómōn ), but accusations of bribery and corruption were ubiquitous in all cases, being part of the political dialogue. The orators often resorted to "character assassination" tactics ( δῐᾰβολή , diabolḗ ; λοιδορία , loidoría ), both in the courts and in the Assembly. The rancorous and often hilariously exaggerated accusations, satirised by Old Comedy , were sustained by innuendo, inferences about motives, and
17280-551: The strength of the laws". There is no consensus among scholars either on whether Demosthenes finally delivered Against Meidias or on the veracity of Aeschines' accusation that Demosthenes was bribed to drop the charges. In 348 BC, Philip conquered Olynthus and razed it to the ground; then conquered the entire Chalcidice and all the states of the Chalcidic federation that Olynthus had once led. After these Macedonian victories, Athens sued for peace with Macedon. Demosthenes
17424-451: The suit on either side after it progresses. In reality, however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits. The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on
17568-507: The temple unpolluted." After saying these words, he passed by the altar, fell down and died. Years after Demosthenes' suicide, the Athenians erected a statue to honour him and decreed that the state should provide meals to his descendants in the Prytaneum . Plutarch lauds Demosthenes for not being of a fickle disposition. Rebutting historian Theopompus , the biographer insists that for "the same party and post in politics which he held from
17712-468: The ten greatest Attic orators and logographers. Longinus likened Demosthenes to a blazing thunderbolt and argued that he had "perfected to the utmost the tone of lofty speech, living passions, copiousness, readiness, speed." Quintilian extolled him as lex orandi ("the standard of oratory"). Cicero said of him that inter omnis unus excellat ("one exceeds among all"), and also praised him as "the perfect orator" who lacked nothing. Demosthenes
17856-470: The treaty, but he delayed the departure of the Athenian envoys, who had yet to receive the oaths from Macedon's allies in Thessaly and elsewhere. Finally, peace was sworn at Pherae , where Philip accompanied the Athenian delegation, after he had completed his military preparations to move south. Demosthenes accused the other envoys of venality and of facilitating Philip's plans with their stance. Just after
18000-400: The trial court. American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. If the claim is denied, then
18144-422: The vast majority of common law jurisdictions. Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity . An example of that distinction survives today in
18288-407: The very worst enemy of his city; his speech presaged the fierce attacks that Demosthenes would launch against the Macedonian king over the ensuing years. A year later he criticised those dismissing Philip as a person of no account and warned that he was as dangerous as the king of Persia . In 352 BC, Athenian troops successfully opposed Philip at Thermopylae , but the Macedonian victory over
18432-545: The word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This was also derived from the Latin word "sequi". Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules arise from statutory law , case law , and constitutional provisions (especially the right to due process ). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within
18576-579: Was Thebes. To secure their allegiance, Demosthenes was sent by Athens, to the Boeotian city; Philip also sent a deputation, but Demosthenes succeeded in securing Thebes' allegiance. Demosthenes' oration before the Theban people is not extant and, therefore, the arguments he used to convince the Thebans remain unknown. In any case, the alliance came at a price: Thebes' control of Boeotia was recognised, Thebes
18720-472: Was a Greek statesman and orator in ancient Athens . His orations constitute a significant expression of contemporary Athenian intellectual prowess and provide insight into the politics and culture of ancient Greece during the 4th century BC. Demosthenes learned rhetoric by studying the speeches of previous great orators. He delivered his first judicial speeches at the age of 20, in which he successfully argued that he should gain from his guardians what
18864-487: Was also the uncle of the Athenian Orator Demochares. Demosthenes was orphaned at the age of seven. Although his father provided for him well, his legal guardians, Aphobus, Demophon and Therippides, mishandled his inheritance. Demosthenes started to learn rhetoric because he wished to take his guardians to court and because he was of "delicate physique" and could not receive gymnastic education, which
19008-481: Was among those who favoured compromise. In 347 BC, an Athenian delegation, comprising Demosthenes, Aeschines and Philocrates, was officially sent to Pella to negotiate a peace treaty. In his first encounter with Philip, Demosthenes is said to have collapsed from fright. The ekklesia officially accepted Philip's harsh terms, including the renouncement of their claim to Amphipolis . However, when an Athenian delegation arrived at Pella to put Philip under oath, which
19152-399: Was an adolescent, his curiosity was noticed by the orator Callistratus , who was then at the height of his reputation, having just won a case of considerable importance. According to Friedrich Nietzsche , a German philologist and philosopher, and Constantine Paparrigopoulos , a major modern Greek historian, Demosthenes was a student of Isocrates ; according to Cicero , Quintillian and
19296-407: Was becoming increasingly interested in public affairs. During this period, he wrote Against Androtion and Against Leptines , two fierce attacks on individuals who attempted to repeal certain tax exemptions. In Against Timocrates and Against Aristocrates , he advocated eliminating corruption. All these speeches, which offer early glimpses of his general principles on foreign policy, such as
19440-458: Was born in 384 BC, during the last year of the 98th Olympiad or the first year of the 99th Olympiad. His father—also named Demosthenes—who belonged to the local tribe, Pandionis, and lived in the deme of Paeania in the Athenian countryside, was a wealthy sword-maker. Aeschines , Demosthenes' greatest political rival, maintained that his mother Kleoboule was a Scythian by blood —an allegation disputed by some modern scholars. He
19584-430: Was customary. In Parallel Lives , Plutarch states that Demosthenes built an underground study where he practised speaking and shaving one half of his head so that he could not go out in public. Plutarch also states that he had "an inarticulate and stammering pronunciation " that he overcame by speaking with pebbles in his mouth and by repeating verses when running or out of breath. He also practised speaking in front of
19728-433: Was imprisoned after a proposal of Demosthenes and Phocion, despite the dissent of Hypereides , an anti-Macedonian statesman and former ally of Demosthenes. Additionally, the ekklesia decided to take control of Harpalus' money, which was entrusted to a committee presided over by Demosthenes. When the committee counted the treasure, they found they only had half the money Harpalus had declared he possessed. When Harpalus escaped,
19872-732: Was left of his inheritance. For a time, Demosthenes made his living as a professional speechwriter ( logographer ) and a lawyer , writing speeches for use in private legal suits . Demosthenes grew interested in politics during his time as a logographer, and in 354 BC he gave his first public political speeches. He went on to devote his most productive years to opposing Macedon 's expansion. He idealized his city and strove throughout his life to restore Athens' supremacy and motivate his compatriots against Philip II of Macedon . He sought to preserve his city's freedom and to establish an alliance against Macedon, in an unsuccessful attempt to impede Philip's plans to expand his influence southward, conquering
20016-473: Was little cross-examination during the trial, there were no instructions to the jury from a judge, no conferencing between jurists before voting, the juries were huge (typically between 201 and 501 members), cases depended largely on questions of probable motive, and notions of natural justice were felt to take precedence over written law—conditions that favoured artfully constructed speeches. Since Athenian politicians were often indicted by their opponents, there
20160-501: Was not always a clear distinction between "private" and "public" cases, and thus a career as a logographer opened the way for Demosthenes to embark on his political career. An Athenian logographer could remain anonymous, which enabled him to serve personal interests, even if it prejudiced the client. It also left him open to allegations of malpractice. Thus for example Aeschines accused Demosthenes of unethically disclosing his clients' arguments to their opponents; in particular, that he wrote
20304-619: Was required to conclude the treaty, he was campaigning abroad. He expected that he would hold safely any Athenian possessions that he might seize before the ratification. Being very anxious about the delay, Demosthenes insisted that the embassy should travel to the place where they would find Philip and swear him in without delay. Despite his suggestions, the Athenian envoys, including himself and Aeschines, remained in Pella, until Philip successfully concluded his campaign in Thrace . Philip swore to
20448-547: Was sent to Byzantium , where he sought to renew its alliance with Athens. Thanks to Demosthenes' diplomatic manoeuvres, Abydos also entered into an alliance with Athens. These developments worried Philip and increased his anger at Demosthenes. The Assembly, however, laid aside Philip's grievances against Demosthenes' conduct and denounced the peace treaty; so doing, in effect, amounted to an official declaration of war. In 339 BC Philip made his last and most effective bid to conquer southern Greece, assisted by Aeschines' stance in
20592-440: Was to command solely on land and jointly at sea, and Athens was to pay two thirds of the campaign's cost. While the Athenians and the Thebans were preparing themselves for war, Philip made a final attempt to appease his enemies, proposing in vain a new peace treaty. After a few trivial encounters between the two sides, which resulted in minor Athenian victories, Philip drew the phalanx of the Athenian and Theban confederates into
20736-713: Was unrepentant about his past actions and policies and insisted that, when in power, the constant aim of his policies was the honour and the ascendancy of his country; and on every occasion and in all business he preserved his loyalty to Athens. He finally defeated Aeschines, although his enemy's objections, though politically-motivated, to the crowning were arguably valid from a legal point of view. In 324 BC Harpalus, to whom Alexander had entrusted huge treasures, absconded and sought refuge in Athens. The Assembly had initially refused to accept him, following Demosthenes' and Phocion 's advice, but finally Harpalus entered Athens. He
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