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law schools 253<br />

v. law schools<br />

Roman law was taught outside Rome and Italy even from the second or<br />

third century a.d. However, until the early fifth century Rome remained<br />

pre-eminent and, if they could, law students made their way there from all<br />

parts <strong>of</strong> the empire, even from the east. However, from the middle <strong>of</strong> the<br />

fifth century their preference was for Beirut or Constantinople. We know<br />

rather little about law teaching in Rome in late antiquity, although there is<br />

some evidence reaching into the seventh century. 63 It would seem that it<br />

was maintained even beyond that period, albeit at a modest level, and that<br />

in the eleventh century it was possible for scholars in Bologna to perceive<br />

a continuity between their school and that <strong>of</strong> Rome, perhaps through a<br />

connection via Ravenna. There were certainly pr<strong>of</strong>essors paid by the state<br />

in Rome in the sixth century, 64 and probably long before. From the early<br />

third century law students in Rome were exempted from liturgia so long as<br />

their studies lasted. This exemption did not then apply elsewhere, 65 but<br />

about 286 it was extended to Beirut, though limited to those under twentyfive.<br />

66 From 370 all students at Rome were obliged to complete their study<br />

by the age <strong>of</strong> twenty. 67 The exemption from liturgies also applied to law<br />

teachers in Rome from the early third century, though not elsewhere. 68 An<br />

inscription survives from the grave in Rome <strong>of</strong> the law teacher Floridus,<br />

who died in 427, aged sixty-two. 69 The teaching proceeded on the basis <strong>of</strong><br />

the classical legal literature and the collections <strong>of</strong> imperial constitutions,<br />

but until the middle <strong>of</strong> the sixth century we do not have precise information.<br />

Justinian sent the Institutes, the Digest and the Codex to Rome without<br />

delay, and from the 540s onwards there is good evidence <strong>of</strong> teaching based<br />

on those books and the Novels, on the same system as in Constantinople. 70<br />

The law school <strong>of</strong> Beirut must be mentioned next. Roman law was<br />

taught there at a high level from the second century. 71 In the fifth century<br />

it overtook Rome. In the fifth and sixth centuries there were two chairs liberally<br />

maintained by the state; 72 and in addition to the two antecessores there<br />

were perhaps other law teachers since Digest, Const. Omnem is addressed to<br />

eight law teachers. After a devastating earthquake in 551 the law school<br />

found a home for a while in Sidon and later evidently in Antioch, where<br />

Athanasius taught. 73 Known figures from the fifth century are Cyrillus,<br />

Domninus the Younger, Demosthenes, Eudoxius, Patricius and Leontius. 74<br />

63 Liebs (1987) 195–220, 246–82. 64 Cass. Var. ix.21.5 (a.d. 533); Nov. Iust. App. 7.22 (554).<br />

65 Fragmenta iuris Vaticana 204 (in Krüger et al.(1890) 1–106): Ulpian referring to Caracalla.<br />

66 CJ x.50.1; for the exact dating see Honoré (1994) 150 n. 74; 181 n. 555. 67 C.Th. xiv.9.1.<br />

68 Digest xxvii.1.612(Modestinus, about a.d. 230); others: Fragmenta iuris Vaticana 150 (Ulpian, about<br />

210). 69 CIL vi 31 992�Carm. Epigr. 686.<br />

70 Digest Const. Omnem 7 init.; cf. Liebs (1987) 124f., 195–220, 246–82.<br />

71 Collinet (1925); cf. Liebs (1976) 356f., Waldstein (1980) 251f. n. 64. 72 Collinet (1925) 167–83.<br />

73 Agathias, <strong>Hi</strong>st. ii.15.2–4; Scheltema (1970) 61f. 74 Huschke et al.(1927) 515,43; Berger (1958a).<br />

<strong>Cambridge</strong> <strong>Hi</strong>stories Online © <strong>Cambridge</strong> University Press, 2008

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