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254 9. roman law<br />

The leading jurists <strong>of</strong> the sixth century called them �ρωες, ο� τ�σς<br />

ο�κουµένης διδα´ σκαλοι or ο� �πιφανέστατοι διδα´ σκαλοι. This shows<br />

that they looked up to them and claimed less importance for themselves.<br />

In Beirut in that period there were Leontius, Dorotheus, Anatolius,<br />

Thalelaeus, Julian (until he moved to Constantinople) and Stephanus. 75<br />

The course <strong>of</strong> study lasted five years, the academic year running from<br />

early autumn to early summer. The first year was based on the Institutes <strong>of</strong><br />

Gaius together with four libri singulares (in fact, parts <strong>of</strong> longer works <strong>of</strong><br />

Ulpian or Paul) on dowry, guardianship, wills and legacies. The students<br />

were called dupondii. In the second year they became edictales, and they then<br />

dealt with sources <strong>of</strong> law and the structure <strong>of</strong> the courts, together with<br />

some civil procedure, property, delict and, above all, contract. This study<br />

was based on the high classical commentaries on the edict, especially that<br />

<strong>of</strong> Ulpian. In the third year property, delict and contract were studied in<br />

great depth, using a selection (eight out <strong>of</strong> nineteen books) <strong>of</strong> the opinions<br />

<strong>of</strong> Papinian (Digesta responsa). The year began with the celebration <strong>of</strong> a feast<br />

in honour <strong>of</strong> Papinian, and the third-year students were called Papinianistae.<br />

In the fourth year, in which the students were called λ�ται, the responsa <strong>of</strong><br />

Paul served as the foundation for the analysis <strong>of</strong> complex cases. 76 In the<br />

fifth year the imperial constitutions were read.<br />

Law teaching in Constantinople began later. Pr<strong>of</strong>essors paid from the<br />

public purse were established only in 425. As in Beirut, there were then two<br />

chairs, which were confirmed in 529 and 534. 77 The restructuring <strong>of</strong> legal<br />

education in 533 was directed to eight teachers <strong>of</strong> law, but that does not<br />

mean that the establishment in both schools had been doubled, since the<br />

codification perhaps required assistants, or here too there may have been<br />

supernumerarii. 78 From the fifth century we know <strong>of</strong> Leontius and Erotius<br />

and, from the sixth, Theophilus, Cratinus and Julian. 79 The curriculum was<br />

the same as in Beirut. After Justinian’s death in 565 the overstretched exchequer<br />

was compelled to make many reductions in its commitments. As a<br />

result the expensive pr<strong>of</strong>essoriate was abolished, and legal education was<br />

simplified and put in the hands <strong>of</strong> practitioners on a part-time basis. 80<br />

Private teaching <strong>of</strong> law was carried on in the east until 533 in Athens,<br />

Caesarea in Palestine and in Alexandria, but was then forbidden by<br />

Justinian. 81 In the west it is evidenced in fifth-century Narbonne. The fact<br />

that the town was incorporated into the Visigothic kingdom in 462 evidently<br />

75 Anthologia Graeca xvi.32b; CJ i.17.2.9; cf. Krüger (1912) 408, 410 n. 26; van der Wal and Lokin<br />

(1985) 41–2; Berger (1958); PLRE iii 773 s.v. Leontius 1, and PLRE ii 772 s.v. Leontius 22 (confusing<br />

different people). 76 Digest Const. Omnem 1–5;cf.Inst. Const. Imperatoriam 3; Zach. Life <strong>of</strong> Severus intro.<br />

77 C.Th. xiv.9.3.1�CJ xi.19.1.4. 78 Scheltema (1970) 3f.<br />

79 C.Th. vi.21.1 (a.d. 425); i.1.6.2 (a.d. 435); CJ i.17.2.9; Anthologia Graeca xvi.32b; Hänel (1873) pp.<br />

xxxvii, xxxixf.; Liebs (1987) 220–46; PLRE ii 669 s.v. Leontius 7.<br />

80 Scheltema (1970) 8f.; Pieler (1978) 429f.; van der Wal and Lokin (1985) 55–8.<br />

81 Digest Const. Omnem 7. Athens: Malalas p. 451.<br />

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

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