Happy Gas by Sarah Lucas @ Tate Britain

Sarah Lucas was one of the original Young British Artists who impressed and dazzled in their 1997 ‘Sensation’ exhibition. Born in 1962, Lucas was a youthful stroppy 35 at the time of that exhibition, and her works made an immediate impact for their laddish, in-your-face, disrespectful jokiness about sex and sexual stereotypes, which felt blunt and working class, lacking all bourgeois pretence.

Lucas was very photogenic and her most memorable early works feature herself in laddish, ‘yeah, so what?’ kinds of poses, taking the mickey out of sexual stereotypes, but also just looking winningly young and carefree. Several of these images have become popular postcards, the kind you find alongside countless images of Frieda Kahlo in arty shops in the boujee parts of any English town.

‘Self Portrait with Fried Eggs’ by Sarah Lucas (1996) NOT included in ‘Happy Gas’ @ Tate Britain

Happy Gas

This is a relatively small (just four rooms) retrospective of Lucas’s career, which features works across a range of media including sculpture, installation and photography.

‘Happy gas’ is the slang name for the nitrous oxide which kids these days snort out of those shiny metal canisters you see scattered round the streets. Like lots of the other everyday objects she puts in a gallery, this common-or-garden slang phrase acquires all kinds of new resonances and implications when turned into the title of an exhibition. The curators suggest it is just the latest in her many, many insistences on the intrinsic worth of English working class culture, its words and phrases, images and unashamed chav vitality.

Sara’s quotes

A distinctive thing about the exhibition is that all the captions and commentary are provided by Lucas herself. An important part of being a contemporary artist is having the right kind of thing to say (see the career of the extremely articulate Anthony Gormley). On the evidence of this show, Lucas has perfected the art of quotes-with-attitude. What she says is not only always interesting but highly flavoured; feels like it comes from the punky, ‘street’ attitude she’s embodied right from the start.

Her comments are also consistently funny, droll, in their blank factuality, in the way she accepts the glum seediness of working class life and makes it funny. Or is surreal in a wonderfully English, cup of tea, kind of way. Thus of one sculpture she writes:

‘Reasons for making a penis: appropriation, because I don’t have one; voodoo; economics; totemism; they’re a convenient size for the lap; fetishism; compact power; Dad; why make the whole bloke?; gents; gnomey; because you don’t see them on display much; for religious reasons having to do with the spark.’

Gnomey, lol.

Room 1

You open the door into a long wide gallery space and are immediately assaulted by the massive photo at the end. A ready-to-cook chicken is placed on the groin of a young (?) woman wearing sensible knickers. The gaping hole at the bottom of the chicken, where it is traditional to put the stuffing, is carefully situated above the woman’s vulva. It’s titled ‘Chicken knickers’ (1997).

I burst out laughing when I saw this, which was my reaction to lots of the rest of Lucas’s art, but I suppose there are still lots of people who are so uptight about sex that they might be offended.

Installation view of room 1 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

In the foreground you can see two old wooden chairs, sitting on a plinth of grey breeze blocks. On one chair is a wax effigy of a dildo or penis, on the other a pair of false teeth. The work’s title is ‘The old couple’, from 1992, and it is a visual gag. Maybe the teeth have to be removed to allow the penis to get a good gumming. Or they are images of age and decay. As an older person I find it both a funny schoolboy gag and also touching. But note the presence of a) the chairs b) the concrete. We’ll come back to those.

Turning round you see the door you just came through has a lovely photo of the young artist in typically scruffy student clothes standing outside what appears to be a Men’s toilet and holding an enormous dead fish. Is this a riff on the feminist saying from the 1980s, ‘a woman without a man is like a fish without a bicycle’? The work’s title is ‘Got a salmon on’, from 1997. Is that a joke reference to having a hard-on?

The back wall of room 1 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

More than anything else, it just looks like a typical crappy, derelict London street to me, with a scruffy student in front of a typically locked-up toilet.

Covering the entire right wall is a set of three enormous blown-up images of tabloid newspapers from the 1990s. Lucas doesn’t have to manipulate them in any way, they just are what they are, horrific, hilarious, messages from another time. Similarly, she hasn’t given them fancy titles but just used the headlines themselves, from left to right: ‘Pairfect match’, ‘Sod you gits’ and ‘Fat, Forty and Flab-ulous’.

Tabloid pages about boobs blown up to huge size and framed in room 1 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

Let’s quote Lucas herself:

‘I didn’t give feminism much serious thought until my mid-20s. I came across a book by Andrea Dworkin called Intercourse and another called Pornography. I was drawn to the titles. And they… trawled through pornography and other atrocities committed against women. Fighting fire with fire… It caused a schism in my feelings towards men. At that point I started using tabloid newspapers. And really I didn’t have to add any comment. I just blew them up and put them in a gallery. And people, most of whom must have seen this stuff every day of their lives, felt in the self-conscious atmosphere of the gallery, that I was criticising them in some way. Maybe I was.’

I was talking about her super blunt use of language, at least in the works themselves. Thus, on the right in the second photo you can see a very funny sculpture of a mannekin’s hand and arm set at an angle over an old chair and attached to a machine which makes it perform a monotonous up and down motion is simply titled ‘Wanker’ (1999). This is related to the 2000 work ‘Max’s Wanking Armchair’, where a similar masturbating mannekin arm is coming out of an old armchair.

On the subject of language, there’s an easy-to-miss work on the opposite side to the huge tabloid pages, which is called Five Lists. It is simply five pieces of paper, each one containing a list of very rude swearwords. As Lucas explains:

‘When I compiled my Five Lists … I was spending summer in Rome. Impossibly hot and I had no equipment to speak of so I set myself the task of just pulling things out of my memory. It was 1990 so I must have been 27. I made five lists one for women, one for men, one for homosexuals, one for wanking and one for excrement – these seemed to be the main categories that swearing could be divided by in English. I saw the overlap. And the hatred. I was already aware, instinctively, since childhood, of a distinction between people swearing humorously or with venom and bile, I suppose we all are – but I hadn’t thought clearly until then about how whole classes of people had language stacked against them, including sexism and racism. I retaliated with Five Lists.’

The curators lament that ‘Casual or everyday language is still not often part of the description of contemporary art’, well, hmm, whose fault is that? Who curates art exhibitions? Could it be art exhibition curators? If you want to see the extreme opposite of Lucas’s plain speaking, visit the Barbican’s RE/SISTERS exhibition, where every caption is a festival of impenetrable critical theory.

Room 2

Walking through into room 2 is a stunning experience. The room is long and vividly and dramatically lined with enormous blown-up images of the (fairly famous) image of Lucas eating a banana. She looks stunning. The photos were taken in 1990 by fellow artist Gary Hume and bring out her cocky, confident street style, her androgynous haircut and well-defined features, her great sense of humour. Bananas.

Installation view of room 2 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

But what are all these things on plinths along the middle of the room? These are what Lucas has come to call ‘bunnies’. They are tights stuffed with fabric, most often cotton wool, and then loaded with piles of comical boobs with bright pink or brown nipples.

‘I’ve been making Bunnies for a long while. The first one from the mid 1990s is in this show. I’m not constantly making them but it’s something I’ve returned to from time to time and they’ve evolved over the years. It struck me, quite recently, that they’re mostly very thin. Or perhaps it would be more accurate to say I had a sudden urge to make some fleshy ones. It must be a combination of the fleshiness and the saggy tits that make them appear old to you. The latter probably. It turns out, surprisingly you may think, that a saggy tit is very expressive.’

Point one, it’s surprising how many shapes you can arrange these stuffed tights and boob explosions into, and how expressive they can be. Most are funny, some are sad, I found one or two of the artfully staged ones deliberately erotic.

Point two, the bunnies are headless. Now this arises from a simple fact which is that they’re stuffed tights and tights aren’t intended to come up to the head. It may have a secondary spin-off, a feminist interpretation satirising the way men (allegedly) regard women as sex objects. But there’s another point which only dawned on me half way round, which is that the bunnies in the middle of the room are headless but the wall is lined with heads, versions of Lucas’s head. In some voodoo way the headless stuffed tights are completed by the banana-eating artist (maybe; from certain angles…)

Third point is that, like any artist, having stumbled across a form or genre, Lucas experimented with it. Thus the early bunnies are made from nylon stuffed with newspaper or cotton wool, but about half way down she begins to branch out into other material. Some are made of plastic but the most impactful ones are the ones which were, presumably made from tights and wool, but then cast in bronze. These have a completely different vibe from the fabric bunnies. Those are funny; these, by virtue of the material, are more statuesque, enduring, strange and challenging.

Bronze bunnies from ‘Happy Gas’ by Sarah Lucas @ Tate Britain

Fourth point, chairs. Let’s talk about chairs.

Chairs

Chairs are everywhere. The first object in room 1 is an old chair, ‘Wanker’, the final object as you exit the exhibition is a swish modern armchair penetrated by fluorescent tubes. There are quite a few chairs in all four rooms and Lucas is aware of their importance to her work.

The purpose of chairs (in the world) is to accommodate the human body sitting. They can be turned to other purposes. Generally as a support for an action or object. Changing light bulbs. Propping open a door. Posing. Sex…The character of the chair lends mood and meaning to the sculpture. The progression of chair sculptures through the years adds up to a world populated by these characters.’

If you ignore the booby figures sprawling all over them, the chairs themselves amount to a kind of history of office chairs, or a Sargasso Sea of Lost Chairs. Millions of hours of office tedium redeemed by having ludicrous cartoon bodies in platform shoes exploding all over them.

‘I like the idea of using a particularly naff piece of furniture and exploring its inherent character or hidden elegance by working on it.’

Surprisingly, running deeper than all the overt feminist subject matter, one of the themes of the exhibition is the pathos of chairs.

Room 3

In contrast to the long grey concrete wall of room 2, the walls of room 3 are painted peach. This gives it a strong visual unity which compensates for the more scattered, varied nature of the exhibits.

Installation view of room 3 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

In this installation view of room 3 you can see, from left to right:

1. The concrete cast of a TV with ‘THE LAW’ inscribed on it.

2. From this a spread of pink plastic like some spilled liquid extends as far as the concrete cast of a woman’s lower body sitting astride a section of concrete pipe. You can’t see it in this photo but wedged into her buttocks is a cigarette, sticking out at a jaunty angle.

3. Hanging over the pink plastic slick is a fashionable dangling chair covered entirely in the kind of stuffed-tights boobs she perfected for the bunnies. A boob chair (in fact titled ‘Mumum’, 2012).

4. On the wall you can see two photos of our heroine as poor student, one wearing just a t-shirt sitting on a toilet (‘Human toilet’ 1998), the other sitting (wearing jeans) with her legs apart and a skull placed at her crotch (‘Self Portrait with Skull’, 1996). Strong atmospheric images but not a patch on the banana ones.

5. Lastly, you can see an enormous concrete cast of a sandwich.

Concrete

I said we’d come back to concrete. The idea is that it is one of the most common materials of our age. Traditional art galleries are finished with luxury stone like the walls of the Duveen galleries that run through the centre of Tate Britain. It was not until the breakthroughs of modern architecture in the 1920s, particularly with the Bauhaus School of Art and design, that architects began to leave the raw material of construction revealed and unfinished, as an artistic (and political) statement (against bourgeois lies).

By the 1970s entire new towns were being built of concrete which was left unadorned as a statement of fashionable modernity. An entire architectural movement, brutalist architecture, was based on it, with a classic example being the concrete-lined Barbican centre in London.

Walls Anyway, in line with her interest in street detritus, fags and old chairs and yesterday’s newspapers, Lucas likes concrete. It appears in at least three forms in the exhibition. One, it absolutely dominates room 2, where the wall opposite the big blow-ups of her eating a banana are covered, floor to ceiling, with concrete grey panels. Part of the odd intensity of the room is it feels like you’re in an underground car park or a nuclear bunker.

Plinths Second appearance is in the plinths to most of the works. Traditionally, a plinth that a work of art sits on is as luxurious as the work, radiating bourgeois value. Well, as you might expect, Lucas confounds this tradition. Instead of smooth and pristine plinths, Lucas uses concrete breeze blocks to support many of her works. The breeze blocks are not precious or finished: they are basic, practical, uncovered building blocks.

Casts For decades Lucas has created sculptures in concrete, starting with a cast of a pair of her own boots in 1999. Thus it is that these last two rooms contain a number of incongruously enormous casts of pretty common or garden objects, namely a ham sandwich and, bizarrely, a gigantic concrete marrow.

These are striking and humorous but not as funny as some of the earlier gags. There’s an absolutely huge blow-up of a photo of her torso wearing a t-shirt with two frayed holes where the nipples go. Massive but, again, not as funny as many of her classic sex gags.

Au naturel by Sarah Lucas (1994) and NOT included in ‘Happy Gas’ @ Tate Britain (© Sarah Lucas. Courtesy Sadie Coles HQ, London)

Room 4

After the ambient peach of room 3, room 4 is red. This is because it is entirely lined with 20 massive colour photos of Lucas smoking a fag in a red room or a room lit by red lights (‘Red Sky’, 2018).

Installation view of room 4 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

The obvious thing about these photos is how much she’s aged. She is no longer the enormously winning gamin from the black-and-white banana days. She looks raddled and old. Smoking will do that for you. And time.

Centrepiece of the room is a burned-out car which has been sawn in two. Inside it’s all blackened carbon and ashes. Burnt-out luxury products are so ugly, so completely devastated.

Still, I wasn’t that impressed. A few days ago I was at the Imperial War Museum which, in its central atrium, has the wreckage of a car bomb from Beirut, much more impressive. Back in 1970 J.G. Ballard displayed a handful of cars smashed up in crashes at the ICA, sparking a mini riot. Fifty-three years later it feels like nothing new to see here. Except Lucas gives an old theme a wrinkle, which is to cover the entire front half of the car, and a chair which has been thrown clear, in carefully arranged cigarettes, thus turning them into a decorative objects.

Installation view of room 4 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain, showing , showing ‘This Jaguar’s Going to Heaven’ (2018)

I like ruined industrial objects but this didn’t do it for me, somehow.

Cigarettes

Talking of cigarettes, the curators have organised the show around themes (bunnies, plinths, language, concrete) and cigarettes is another recurring theme of Lucas’s work. I’ll quote the curators:

Cigarettes have featured in Lucas’s work since her 1997 exhibition ‘The Law’, and she has gone on to create several series of cigarette-coated objects. In the final room of the exhibition, we see the climax of this theme in ‘This Jaguar’s Going to Heaven’ 2018. A Jaguar car, covered in cigarettes, is split in two. The action of cutting the car in half is a destructive act. Lucas said, “When I first started using cigarettes in art it was because I was wondering why people are self-destructive. But it’s often destructive things that makes us feel most alive”. Self-portraits of the artist such as ‘Red Sky’ 2018, displayed as wallpaper here, show her surrounded in an almost ethereal or ghostly cloud of smoke. In her ‘Muses’ series, she places phallic cigarettes in the orifices of body casts of her friends.

What I liked more than the chopped up car was more of the concrete casts. As you can see in the general view photo, there’s another giant, blown-up cast of a sandwich, this time with a shiny new metal toilet placed on it and a cast of someone sitting on that.

Scattered around this final room are four or five other casts of women’s groins and legs, presumably items from the ‘Muse’ series, all of them featuring an (unsmoked) cigarette wedged into their bum cracks.

Regarding these casts of naked women, Lucas is quoted as saying gallery goers don’t on the whole like casts or images of vulvas.

‘Funnily enough vaginas seem to shock people more than a penis. Especially the plaster casts of real ones. I’ve seen people approach some of the Muses and, when they’re close enough to get the vagina into focus, about turn and walk away. Which is an experience on a par with or maybe opposite to, finding out the meaning of the word ‘c**t’. I remember, as a child, being quite baffled by this word which I’d heard bandied about a lot and definitely understood enough to know it was out of the question to ever use it in front of adults and was, seemingly, the harshest and worst term of abuse available in four letters. And I had one myself. Shocking.’

This is agreeably fighting talk but nothing on display matches it in confrontation. Instead there’s just half a dozen concrete casts of herself or women friends, taken from the waist down, and neither foregrounding nor hiding their front bottoms which are just there as part of the rest of their bodies.

I didn’t feel these had any ‘edge’ or subversive value whatsoever. On the contrary, I found them sweet and lovely. They looked like the kind of casts kept at art school for young artists to assiduously sketch and draw.

The only novelty was the chairs, the way these casts are arranged on common or garden office-type chairs, as in the arcade of bunnies.

This one (pictured below) gave me a powerful burst of nostalgia: I’m sure that at my school or at one of my early office jobs, the place was full of these dull, institutional, grey-metal-piping chairs with the cheap moulded wooden bottom and back. Far more than any ‘shock outrage’ at barely visible moulds of vulvas, I was moved by these further instances of ‘the pathos of chairs’.

Installation view of ‘Pauline’ (2015) in room 4 of ‘Happy Gas’ by Sarah Lucas @ Tate Britain

Tits in space

As I keep emphasising, Lucas’s thing is straight-ahead, unambiguous street vulgarity. The first exhibit is titled ‘Wanker’ and, when you’ve finally had enough of the red room, its broken car and fanny casts, you emerge back into the corridor containing the ticket checker and the shop, to find it completely covered in patterned peach wallpaper.

What is the pattern? It’s two of her cigarette boob sculptures, cut out and arranged as repeating pairs across this very striking, dominating peach wallpaper. And Lucas’s name for it? Something subtle? Something intellectual, maybe using a foreign language to evoke multiple layers of meaning and resonance? If you think so even for a minute, you don’t know our girl and you haven’t been paying attention. She calls it ‘Tits in space’.

The lobby to Lucas’s ‘Happy Gas’ exhibition, entirely covered with the ‘Tits in space’ wallpaper

This title made me laugh but I laughed even more when I discovered that this wallpaper is on sale to members of the public, to you and me. A roll of ‘Tits in space’ 10 meters long by 52 cm wide will set you back a princely £480. I think it would look perfect in the downstairs loo, don’t you?

Summary

Obviously the curators, most of the reviewers and Lucas herself go along with the feminist view that her art ‘subverts’ this or that gender stereotype or sexist convention. Here are the curators’ own words:

  • Her everyday language (which forms the narrative of this exhibition) is humorous and accessible, but inflected with a feminist edge as it subverts patriarchal traditions of writing about art.
  • For many feminist artists, textiles have been a shorthand for ideas and experiences imposed on women, as well as an opportunity to subvert them.
  • Using ordinary objects in unexpected ways, she has consistently challenged our understanding of sex, class and gender over the last four decades.
  • Lucas creates a unique visual language which she uses to challenge stereotypical notions of identity and gender.
  • Breaking boundaries with humour and daring, Lucas shows us the whole spectrum of what it means to be human.

If you think a chair with a dildo on it or sculptures made out of stuffed tights or blown-up tabloid newspapers from 30 years ago are really ‘subverting’ patriarchal power systems, then you’re welcome to your optimistic beliefs.

I take a different view. As with all the YBAs, I’m still as thrilled and excited as I was by their exuberance and energy and irreverence as when I first saw them 25 years ago. They seemed then, and still seem to me today, to be saying ‘fuck off’ to all kinds of polite conventions about what art is, how it should be displayed, and how you can talk about it. It was a punk rebellion against stifling conformity.

What this retrospective tends to show is that, although some of her approaches have hardened into mannerism (I wasn’t that impressed by the car, the concrete sandwich or marrow), there’s still plenty which is irreverent, in-your-face and funny. Her best works consist of jokes which are still very amusing, gags which still make you laugh (well, make me laugh, anyway).

In the world as it is today, I personally think this is more of an enduring achievement, more something to be celebrated, than all the curatorial clichés about ‘subverting the patriarchy’. Laughter is good for everybody’s mental and physical health. This exhibition is a tonic.


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Introduction to the defence speeches of Cicero

Marcus Tullius Cicero (106 to 43 BC), without the benefit of coming from a patrician or aristocratic family, rose by hard work to become the leading Roman lawyer and orator of his day. For a generation he dominated the Roman courts, usually appearing for the defence. We know of 88 law speeches he gave and an amazing 58 of them survive in whole or in part. The Oxford University Press publish an excellent paperback containing five of his most famous defence speeches.

(Note that the Latin word pro simply means ‘for’ and takes the ablative case i.e. changes the ending of words and names to ‘o’, so that the speech ‘for Caelius’ is known as ‘Pro Caelio’ and so on – unless the name ends in ‘a’, in which case it stays the same, or already ends in ‘o’ in which case it adds ‘ne’ to the end. These are examples of the kind of rules you have to learn when studying Latin.). The five features speeches are:

  1. Pro Roscio Amerino: his defence of Quintus Roscius Gallus, falsely accused of murdering his father
  2. Pro Murena: defence of the consul-elect Lucius Licinius Murena, accused of electoral bribery (39 pages)
  3. Pro Archia: defence of the poet Archias, on a citizenship charge
  4. Pro Caelio: of Marcus Caelius Rufus , ex-lover of Clodia Metelli, on charges of poisoning and violence
  5. Pro Milone: defence of Titus Annius Milo, accused of murdering Cicero’s hated enemy Clodius

The most obvious thing about the speeches is how long they are. I’ve no idea how long a modern defence address is but Cicero’s speeches occupy 30 to 40 pages of an average paperback and must have taken some time to deliver, especially stopping for all the dramatic pauses, the appeals to the jury and the strategic bursting into tears (he refers to his own tears of grief in several of the speeches). Did he memorise them and deliver them without notes? That, also, is an impressive feat.

The next most obvious thing is how complex the background and context of each case is. If you look them up online, you discover that each of Cicero’s major speeches has an entire Wikipedia article devoted to it because each one requires a meaty explanation of the context of the case: where it stood in Cicero’s career, and then the (generally very complicated) background of the case, including biographies of all the main participants, which themselves only make sense when carefully located within the feverish and tortuously complicated politics of the late Roman Republic.

Many law cases brought in ancient Rome were not objective products of what we think of as ‘justice’ but were entirely motivated by personal rivalries, sparked by the never-ending competition for office, but often just personal feuds or vendettas.

There was no police force in ancient Rome and, crucially, no office of public prosecution, no Crown Prosecution Service such as we have in modern England. In other words, you didn’t take your grievance to the authorities, who then carefully assessed whether there was a case to answer and decided whether to bring a criminal or civil case against a suspect or defendant. None of that framework existed. So people (generally rich and well-connected people) brought cases against individuals off their own initiative, using their own interpretation of the law.

And many of the cases were what I think are, in modern law, called ‘vexatious’, meaning they were not attempts to achieve objective justice but were nakedly biased attempts to game the system in the prosecutor’s favour, often shameless attempts to get political rivals convicted, exiled or maybe even executed. And this was accepted because everyone else was gaming the system, too. Personally motivated accusations and counter-accusations and counter-counter-accusations were the normal procedure.

The courts were one of the principal arenas in which the business of politics in Rome was played out: if you wanted to get rid of a political opponent, you prosecuted him and brought about his exile; if you failed, he might then prosecute you.
(Defence Speeches by Cicero, translated and edited by D.H. Berry, Introduction p.xxvii)

It was also the case that no one could be prosecuted while holding political office. Therefore a lot of the fiercely competitive vying to be elected to ‘magistracies’ or political offices in late Republican Rome was motivated not by keenness to serve, but as a tactic to dodge prosecution.

(This rose to a kind of climax with the political impasse which developed when Caius Julius Caesar refused to give up his command in Gaul and return to Rome unless he could be promised the opportunity to run for consul in his absence [an election he knew he could bribe his way to winning]. His sole reason for doing this being to avoid the prosecutions for corruption and malpractice which he knew he would face if he returned to Rome as a private citizen. Caesar knew this would happen because stentorian Republicans like Cato had made umpteen speeches promising to prosecute him. Therefore he had no choice but to seek election in order to win immunity, and he could only run in his physical absence because he knew that, as soon as he entered Rome as a private citizen, he knew he’d be tried, multiple times until his enemies got the result they wanted. When the senate rejected all his and his supporters’ attempts to negotiate this deal, he was left with no alternative but to enter Italy backed by his legions for security – thus triggering the civil war.)

D.H. Berry’s introductions

So before the reader gets anywhere near the speeches themselves, you have to mug up on their very complex background. And that’s where the OUP edition of Cicero’s Defence Speeches is outstanding. The editor and translator D.H. Berry not only provides an excellent general introduction to the volume, giving us a thorough and vivid overview of Cicero’s life and how it entwined with the complicated political context of the 70s, 60s and 50s BC, before going on to explain at some length the quirks of the Roman legal system…

But he also precedes each of the speeches with an in-depth summary of the political context and specific events which gave rise to it. This sounds simple but is, in each case, impressively complicated and absolutely vital: without a full understanding of the context you wouldn’t know what Cicero was trying to achieve in each speech. Berry is excellent at not only explaining the factual background but the strategy and tactics Cicero adopts in each speech.

General introduction

There were two main types of oratory: ‘forensic’ (from the Latin forensis meaning ‘of the forum’, which is where the public law courts were sited, also known as judicial) and ‘deliberative’ (the display of public oratory in political assemblies).

The Roman first court or ‘public inquiry’ was only set up in 149 BC and was followed by the establishment of further courts set up to try specific types of cases. Juries were large (sometimes hundreds of citizens) and if no court existed for the type of case, the trial was held in front of the entire people in the forum.

The system grew piecemeal for the next 70 years or so until it was swept away by the dictator Lucius Cornelius Sulla in 81 BC. He set up seven courts, designed to try specific types of case, namely murder, forgery, extortion, treason, electoral malpractice, embezzlement and assault.

The make-up of juries was a subject of controversy for decades – as you can imagine, if many cases were politically motivated, then who was allowed to sit on the jury was vitally important to both sides – until a law of 70 BC decreed they should be made up of one third senators, one third equites (or knights) and one third ‘tribunes of the treasury’ (who seem to have been a minor sort of equites).

In the decades that followed, more permanent courts were added, such as one devoted to violence, and other ad hoc types were created as and when required, such as the ‘sacrilege court’ set up to try Publius Clodius Pulcher for his famous dressing-up as a woman to infiltrate the women-only celebration of the Bona Dea being held at Julius Caesar’s house in 61 BC.

There were no public prosecutors. A defendant was prosecuted by the man who brought the case against him and any advocates or eminent men he could persuade to join him. The scope for doing deals and sharing prosecutions with social or political allies who stood to gain from a victory were endless.

Something else surprising: successful prosecutors were awarded their victim’s marks of honour and acceded to their rank in the senatorial hierarchy. So, on the face of it, a very strong motive to bring a prosecution and win.

However, they didn’t gain respect from doing this, often the reverse, and prosecuting was generally seen as an invidious role, unless you were obliged to carry it out by civic or family duty or gross injustice. The role of defender was much more socially respected, which explains why in almost all of Cicero’s cases he appears for the defence. The general idea was to mount one spectacular prosecution to make your name, then seek the safety of defending (a career path Cicero explicitly recommends in Pro Caelio, 73).

Also surprising is that it was forbidden by law to pay a defence attorney. This law had been passed as long ago as 204 BC to prevent bribery, but in a roundabout way led to subtler corruption. Roman society functioned via complex webs of clients and patrons. Patrons gave protection and assistance to clients who in turn waited on their patrons in their houses, in the street, rallied support for them at elections and so on. (These scenes are described by Cicero himself in Pro Murena, 70.)

In a legal setting an advocate (actually called, in Latin, a patronus) was a continuation of this intricate web of allegiances. Cicero might choose to defend a client because he owed them favours (he defended men who had supported him during the Catiline crisis of 63) or to put someone in his debt. It was never done out of charity or public duty. Every relationship, every act in ancient Rome, had undertones of politics and power.

Another surprisingly important factor was personal charisma. Roman trials put less weight on the evidence (they didn’t have the tradition of presenting forensically objective evidence that we do) and much more on the character of the people involved. Often a legal speech spent more time assassinating the character of the accused, or the accuser, than querying any of the supposed facts.

And this extended to the character of the advocate himself. Many of Cicero’s speeches not only defend his client’s character and denigrate the character of the plaintiff, but they also viciously attack the character of the prosecuting attorneys. By the same token, all the speeches in the volume draw heavily on Cicero’s own character and record as part of the defence.

Cicero obsessively invokes the auctoritas he acquired after ‘saving the nation’ during the Catiline crisis, repeatedly describes the risks he ran, the danger he faced, his boldness of action.

In my own consulship I undertook a bold venture for the sake of yourselves and your children. (Pro Milone, 82)

He is not slow to remind everyone that Cato had called him ‘the Father of the Nation’. He does all this in order to bring his (he hoped) huge moral authority to bear on the case.

(For example, when he reminds the jury of his role in saving the nation and then uses this authority to personally vouch for Marcus Caelius Rufus’s good character in Pro Caelio, 77, let alone the half or dozen or more references to it throughout Pro Milone.)

[This emphasis on character and personality is not restricted to Cicero’s speeches. It permeates the histories written at the time. Lacking any theories of society or economics, otherwise intelligent men like Sallust, Plutarch and Suetonius fall back again and again on individual character as the primary engine of history and human affairs, in a manner which we, as heirs to 2,000 years of evermore sophisticated social theory, frequently find naive and simplistic.]

Trials took place in the open air (what happened if it rained?). The presiding magistrate and scribes sat on a raised platform (tribunal) at the front of the court, while the jury (probably) sat on benches slightly raised off the ground. The plaintiff, defendant, their advocates, legal advisers, friends and families sat in two groups to one side. And this diorama was open to the forum and to sometimes huge crowds of the general public who gathered to watch and follow every trial, especially if it was of someone eminent or promised juicy gossip.

Trials were more like theatre than we are used to. The defendant had to wear mourning clothes and not shave or wash for several days in order to present a piteous spectacle. Berry gives examples of defendants who refused to comply with this ridiculous convention and were promptly convicted, regardless of the proceedings, solely because of their affront to tradition.

The prosecution spoke first, laying out the case, then the defence rebutted the prosecution points – only then was any evidence presented. Oddly, to us, in some of Cicero’s speeches he guesses at what the evidence will be.

Slaves could be made to give evidence but only under torture. Nowhere does Cicero refer to the shocking inhumanity of this tradition, which sheds light on the fear of all the slaves in the ‘comedies’ of Plautus and Terence that they might find themselves being tortured if their master gets into any kind of legal difficulty.

The magistrates (praetors) overseeing a case often knew nothing about the law (praetors were elected to hold office for only one year). They simply kept the peace and ensured the rules were complied with. (Cicero is on record as complementing the father of the future Augustus, Gaius Octavius, for his fairness and calm in supervising trials.)

How many jurors were there? Evidence is mixed, but it seems to have been a surprising 75, 25 from each of the three categories mentioned above. Jurors were not allowed to confer and voted immediately after the evidence was presented in a secret ballot. They were each given a wax table with A for absolvo on one side and C for condemno on the other. They rubbed out the letter they didn’t want and popped the table in an urn, then a court official totted up the votes.

If a defendant was found guilty the official penalty was death. But since there were no police and the defendant was never in anyone’s ‘custody’, it was generally pretty easy for them to leave the court, the forum, pack up their things and go into voluntary exile. Before most Italian tribes were given Roman status in 90 BC, this might mean retiring to places like Praeneste (only 23 miles from Rome) but by the time Cicero was a prosecutor it meant having to leave Italy altogether. Massilia, the large thriving port on the south coast of Gaul (modern Marseilles) was a popular destination and was where both Verres, who Cicero successfully prosecuted for corruption, and Milo, who he failed to defend from prosecution for murder, ended up living out their lives in well-heeled exile there.

Rhetorical style

Following his extremely useful and informative summary of Cicero’s career and the apparatus of Roman laws, Berry gives an equally useful explanation of the rhetorical techniques Cicero used in his speeches.

Cicero’s prose style is highly artificial. Sentences are long, sometimes a third of a modern page, sometimes longer. The style is ‘periodic’, meaning the sentences only achieve closure and make their meaning clear right at the end. The result is suspense: the audience hangs on the orator’s words and the succession of subordinate clauses, waiting to find out whether the sentence will end as they expected (with a nice sense of completion) or will deliver a surprise (gasps of delight). You can see how, done well, this could enthral a crowd.

Sometimes clauses are in pairs, to create balance, either/or.

‘For it is not my enemies who will take you away from me but my dearest friends; not those who have on occasion treated me badly, but those who have always been good to me,’ (Pro Milone, 99)

Sometimes they come in threes, to provide a crescendo effect. Pairs and trios create a balanced civilised effect. By contrast, sometimes his sentences pile up 4, 5, 6 7 short clauses to create a machine gun effect, to create something more feverish and frantic.

‘No witness, no accomplice has been named. The entire charge arises out of a malevolent, disreputable, vindictive, crime-ridden, lust-ridden house.’ (Pro Caelio, 55)

Cicero took great care to make sure his clauses ended with certain rhythms. Apparently these cadences were named, categorised and taught by teachers of oratory, although Berry doesn’t list or explain any, and they’re not really detectable in English translation.

The jurors and the public watching the trial knew all about these techniques and assessed speakers on their skill at deploying them. Cicero tells an anecdote about a crowd bursting into applause at an advocate’s particularly elegant turn of phrase.

In addition to rhythm a trained orator could deploy:

Anaphora

The repetition of words or phrases in a group of sentences, clauses, or poetic lines.

If you restore Caelius to me, to his family, and to the country, you will have a man who is dedicated, devoted and bound to you. (Pro Caelio 80)

Asyndeton

The omission of the conjunctions that ordinarily join coordinate words or clauses, as in ‘I came, I saw, I conquered’.

Apostrophe

A speech or address to a person who is not present or to a personified object. Cicero frequently addresses the spirit of dead, venerable Romans, or addresses the spirit of murdered Clodius, or addresses figures not physically present in the court (such as Pompey, directly addressed in Pro Milone).

Exclamation

For example, ‘O gods!’ the speaker pretending to give way to moments of emotion.

Alliteration, assonance and wordplay

Berry assures us these are everywhere present in Cicero but it is, of course, impossible to judge in translation.

Metaphor

One consul handing over to another informs him of the current challenges and issues in much the same way that the captain of a ship putting into port tells the captains of ships just setting out about the weather and pirates (Pro Murena, 4). A metaphor which is revived later in the speech, in the extended comparison of elections to unpredictable ocean currents or storms in (35 to 36).

Rhetorical strategies

At a higher level than specific tricks of rhetoric are larger-scale rhetorical tactics.

Appropriating the prosecution

Often he repeats the points the prosecution has made in order to rebut them. He does this by quoting them but often twisting the points in such a way as to suit himself, to tee up the kind of rebuttal he wants to make – as when he repeats a series of points allegedly made by Cato in Pro Murena, 67 onwards).

Inventing opposition points

One step beyond twisting prosecution points is inventing possible objections to what he’s saying in order to easily counter them. There are hundreds of instances along the lines of:

  • ‘You will no doubt ask me, Grattius…’ (Pro Archia, 12)
  • ‘Someone will surely ask…’ (Pro Archia, 15)

In which he attributes to the opposition lines of attack which he then easily refutes.

Rhetorical questions

Why do I mention his mother and his home when the penalty of the law deprives him of his home, his parent, and the company and sight of his friends? Shall the poor man go into exile, then? Where? To the east, where for many years he serves as a legate, led armies and performed heroic deeds? (Pro Murena, 89)

If Caelius had really given himself up to the kind of life that is alleged, would he, when still a young man, have brought a prosecution against an ex-consul? If he shied away from hard work, if he were enslaved to pleasure, would he do battle here every day, go in search of personal enmities, bring prosecutions, and run the risk of being prosecuted himself? And would he also maintain for so many months now and in full view of the entire Roman people a struggle for one of two things – his own political survival or glory? (Pro Caelio, 47)

Mimicry

As when Cicero imagines the feelings of soldiers called on to vote for Murena and remembering his many achievements in the army of the East (Pro Murena, 36) or mimics the voices of sceptical voters on election day (Pro Murena, 45).

Or the great sequence in Pro Caelio where he pretends to be one of Clodia’s ancestors brought back from the dead to thunder against her immoral behaviour.

There’s another type of mimicry. Surprisingly, the defendant was not allowed to speak at their own trial and so Cicero sometimes speaks for them, in the sense of putting words into their mouths and telling the jury, this is what X said to me, these are his very words.

This is notable at the climax of Pro Milone where sections 94 , 95 and 98 purport to be the sad but stoic speech of Milo himself.

If you combine this technique with ‘apostrophe’, addresses to people either absent or dead, you can see why the speeches are highly dramatic in the sense that there are a surprising number of characters in them, not as in a play, obviously, but being named, addressed, invoked and even attributed whole speeches which are then performed in another voice.

Changing the subject

In Pro Milone Cicero doesn’t bother denying that Milo was responsible for the murder of Clodius, but tries to shift the ground of argument to the issue of whether Milo was acting in justifiable self defence. Specifically, he argues that the incident wasn’t a random accident but a carefully contrived ambush by Clodius and so his client was only responding as Great and Eminent Romans Throughout History had responded i.e. by defending himself. This strategy failed and Milo was convicted.

Invoking famous men

In all the speeches Cicero invokes the memory of Great and Noble Romans from history who he says behaved like his client. It is a variation on invoking his own auctoritas.

Closely related is the Appeal To Patriotism. All of the speeches invoke the idea that jury must acquit his client because The Very Existence of the State is at stake!

‘In this trial you hold the whole country in your hands!!’ (Pro Murena, 83)

Invoking the sad family

At the end of Pro Murena and Pro Caelio Cicero invokes the tragic spectacle of the defendant’s family, his aged father, his weeping mother or wife, on their knees, begging for their son or husband or father to be freed and their family happily reunited.

The Appeal to the Romans’ very strong sense of Family Values seems to have been a tried and trusted, standard strategy (Pro Caelio, 79 and 80).

Crying

In several of the speeches Cicero refers to the fact that he himself is weeping, crying at the spectacle of such a valiant, heroic, brave, virtuous, patriotic, dutiful and wonderful person having been brought low by his fiendish enemies and so utterly deserving of vindication and acquittal that he, Cicero, cannot help bursting into floods of tears, he cannot see the jury, he cannot see the court, he can barely speak for grief!

‘But I must stop now. I can no longer speak for tears…’ (Pro Milone, 105)

Repetition

Obviously the rule of three, or using multiple clauses to say the same thing, or asking a series of rhetorical questions are all types of repetition. But a big feature of all the speeches which Berry doesn’t really address is their repetitiveness. Cicero often says he’s going to address a point, addresses it, tells us he’s finished with it, and yet several pages (a few minutes) later, brings it up again.

I can’t find the precise references now but in the three longest speeches, he has a tendency to make a point, wander off to something completely different, then revert to the same point later. This was the single factor which made reading them difficult for me, the sense that they didn’t have a clear logical flow – a beginning, middle and end – but on the contrary, I found all the speeches rambling and digressive and often hard to follow, with no higher level logic.

Conclusion

The cumulative effect of all these techniques is that the speeches, especially when written down and published (as Cicero took care to have done) are emphatically not the language of ordinary speech. The orator has done a lot of work preparing them and he expects the audience to do some work to appreciate them. It is intended to sound ‘theatrical and high flown’ in Berry’s phrase. The fact that I found them long-winded and often quite confusing maybe says more about my taste, shaped as it is by the 20th century taste for laconic brevity, than Cicero’s verbose and long-winded achievement.

P.S. Adrian Goldsworthy’s comments

Dr Adrian Goldsworthy’s big biography of Augustus contains lots of factual asides about aspects of late Republican Rome. Some of these concern the law and provide context to these speeches:

Legal attacks could easily end a career and so were far more high-stakes than in our society (p.94).

Goldsworthy gives an example of the rhythm of Cicero’s sayings in Latin. This was a throwaway remark he made about young Octavius, laudanum adulescentum, ornandum, tollendum – which means ‘we will praise the young man, reward and discard him’ – and, apparently, caused a serious breach in their relations (p.122) – but it’s one of the few examples I have of the rhythm of Cicero’s language in Latin.

He reinforces the notion that a) since there was no equivalent of the Crown or State, legal cases could only be brought by individuals and b) prosecuting was seen as invidious, unless one was defending family pride or there was a really gross example of wrongdoing – and so accusers tended to be young men out to make a name for themselves with one or two eye-catching prosecutions, before settling into the more congenial and socially accepted role of defence counsel, exactly the career Cicero followed (Augustus: From Revolutionary to Emperor by Adrian Goldsworthy p.43). He repeats the point on page 281:

Prosecution was generally left to the young, and had long provided an opportunity for youthful aristocrats to catch the public eye at an early stage in their careers.

Goldsworthy refers to ‘the aggressive and abusive tone common in Roman trials’ which we’ve seen plenty of evidence of (p.280).

Above all, Goldsworthy makes the most devastating single point about Cicero’s speeches with striking simplicity:

A glance at Cicero’s speeches is enough to show the readiness with which Roman advocates distorted the truth. (p.278)

For all his pontifications about Justice, for all his exhaustive descriptions of Law epitomising Reason In Action – Cicero was a highly professional and convincing liar.


Credit

Defence Speeches by Cicero, translated and edited by D.H. Berry, was published by Oxford University Press in 2000.

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