법학교수직에 대한 국가의 통제 -로마 후기의 사례를 중심으로-

Abstract

This paper discusses the state's control over the law professorship in ancient

Rome, especially in the Later Roman Empire. The legal education in the Roman

Republic and the Principate was, in principle, committed to the jurists, who

freely communicated with their pupils on personal basis. It was sometimes

performed in the public auditoriums offered by the state. During that period,

Rome remained to be the capital place for the jurisprudence as well as for the

legal education. The decline of the Roman jurisprudence since the middle of the

third century A.D. brought about a change in the format of the jurists. Now

they were mainly the teachers of law whom the state only exempted from the

burden of the guardianship, allowing no salary from the state yet.

In the Dominate, the emperors gradually began to promote and to control

consciously the hitherto free legal education which was concentrated on the

practice-oriented activities, even though sometimes accompanied by the theoretical

instructions as well. The centers of the legal education founded in the eastern

part of the Empire, especially Constantinople and Berytos (Beirut), played an

extraordinary role. They provided the state with a group of legal and

administrative experts acting as the public officials. Local municipalities also

produced their lawyers.

The concern about the quality of the higher education in the main disciplines,

i.e., the liberal arts and the sciences such as rhetoric, philosophy and medicine,

led to the introduction of the state-salary system and the exemption from the

various munera, i.e., public and private burdens, of the teachers of the above...