"In Times of War, the Law Falls Silent" Did Cicero make a legitimate point, or is this a case where Cicero the lawyer overcame Cicero the philosopher/statesman, and sanctioned violence? — Ciceronianus the White
Although I have only read Cicero via second hand accounts in relation to the just war theory, I see in my notes from 16 years ago (eek!) that he distinguished between civil wars and regular war. And like those before him he was of the opinion that wars were covered by different rules (but not lawless).
I'm not sure whether he considered this political spat a civil war. If he did, he was still being consistent with his beliefs. If he didn't, then he was still being consistent with his job as a lawyer, which is to represent his client to the best of his ability. In both cases he made a legitimate point.
That said, I would have to say that this doesn't constitute murder unless his client can be proved to have given the deadly stroke. That is the only way murder can be applied. I'm not an expert on Roman law but I suspect it did not have some of the criminal acts that modern criminal codes have defined. Nowadays we have crimes for the solicitation of violence and, at least in continental criminal codes (and probably anglo-saxon as well but I simply don't know), crimes for group violence leading to death. In the latter case, you only need to prove a person participated in the violence and that the combined violence led to that person's death not that a specific person caused a specific death. As a result the law can hardly be said to be silent on the matter by modern standards.
More generally, I do agree regular civil and cirminal laws break down at some point. I don't think the dictates of public conscience are silent then but simply cannot be enforced. So it's not a break down of law but a break down of an enforcement mechanism. We hope this is when ethics trump laws and civil disobedience or even rebellion become a moral imperative. Sadly, it's often due to power vacuums and the struggle of competing groups to fill that void without a clear moral high ground of one group over another.