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Les transmissions du savoir juridique durant la période impériale romaine (27 avant J.C – 565 après J.C)

Abstract : Our thesis work is about the question of the transmission of legal knowledge during the imperial period Roman (27 BC - 565 AD). The starting point of our reflection was to note the crisis that the transmission of knowledge, particularly legal knowledge, is currently experiencing. This issue is indeed at the heart of the concerns of the political class, economists and even educators. Where does education go? This was Jean Piaget's question in 1972. Everyone asks themselves these timeless questions: What is the best way to transmit? Should we favour a literary, technical, popular, artistic, scientific culture? By what means and methods? Should theory or practice be promoted in the educational process? What autonomy and requirements should be expected of the student? How to avoid school failure? What strategies should be put in place to support student success? The education crisis naturally affects legal studies. If law education is in crisis today, it is largely due to the hesitation between two conceptions of law: the modern, subjective and idealistic conception and the post-modern, objective and realistic conception. In the first, the transmission of legal knowledge is oriented towards theory, while in the second, practice prevails. While since its inception, the Faculty of Law has, under the influence of humanism, given a premium to theory, a change has taken place since the beginning of the 20th century. Following the industrial revolution, the old worldview based on truth and disinterested culture was erased in favour of a vision of humanity oriented towards work and practical efficiency. In this climate of tension around a contested teaching, it seems desirable to summon history to help the present. Indeed, to quote Orwell:" (...) who commands the past commands the future", which is to say that cutting the thread of time that unites past and present, as modern people have been able to do, deprives us of necessarily any experience that makes us "travellers without luggage". This will involve, to paraphrase Maurice Tardif, to demonstrate that all the problems currently posed by education are initial problems that can only be usefully analyzed by going back 2500 years to observe their genesis. If Mesopotamia provides us with an illustration of humanity's first teaching, Rome was a precursor in the field of law. The civilizations preceding Rome, whether eastern or western, have not known teaching of real law but only a passive transmission of legal knowledge. The question of the transmission of the right will be considered in our work, as the title suggests, in Rome and for the imperial period. What does that mean? We will try to draw the realities of the transmissions of the legal knowledge during the imperial era and throughout the territory occupied by Rome, whether in the West or in the West as in the East. The Empire succeeded two great periods: the Monarchy and the Republic. The Monarchy begins with the foundation of Rome in 753 BC and ends in 509 BC with the exile of the last king Etruscan Tarquin the Great. The Republic begins in 509 and ends in 27 BC. The Roman Empire began as follows in -27. The question of its completion is more complex. Indeed, in the West, it is certain that the Roman Empire officially ended - in law and not in fact - in 476 with the deposition of the last Western emperor Romulus Augustus by the barbarian king Odoacre. In the East, Roman domination did not end until 1453. Yet - and even if there is controversy among romantics on this issue - it can be said that we cannot speak of the Roman Empire until Justinian's death in 565. After that date, we will no longer speak of the Roman Empire of the East but of the Byzantine Empire. We will then limit ourselves to studying the teaching of law from -27 to 565. We will recall by way of introduction that during the Republican period, the law was transmitted according to the Ius est ars boni et aequi. Indeed, law was not yet a technique monopolized by power, but was speculative. The student "trained on the job", followed his teacher to the forum and gathered the answers he needed. provided to the litigants who questioned him. Teaching and case law were thus closely linked and because the law was not yet constituted in science, teaching was done through casuistry. These were cases that were subject to the wisdom of the teacher and his pupils and the judicial decisions that had to be commented on. Under the Empire, a real teaching of legal science appeared. We will focus on consequently over the imperial period since it will have seen the birth and then the decline of an academic education from the right. First, we will focus on legal education as it was conceived during the first part of the empire, the High Empire, which extended from 27 BC to 284 AD. (I). This period at during which the emperor is a princeps is distinguished by its apparent proximity to the Republican political system. During the time of the High Empire, we will see that the transmission of legal knowledge, left all is essentially practical and is carried out by means of the respondere docere or within the framework of rhetorical education (A). Yet, to carefully examine the legal literature of this period, in particular the Institutes of Gaius, we can suspect the presence of law schools (B). Late Antiquity (284-565) makes following the High Empire (II). It is during this period that we are certain that a real legal education. Several factors are contributing to a revolution in the transmission of legal knowledge during the Late Antiquity. First, of course, imperial absolutism, which leads to a power grab on legal education, which will result in the establishment of public schools by the authority under his direction and with law professors, the magistri iuris (A). The new schools of late antiquity law provide their students with legal knowledge organized around a study plan and transmitted by means of a particular pedagogy. It is to describe this process of active knowledge transmission that we are going to focus on (B).
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Submitted on : Tuesday, October 1, 2019 - 8:47:43 PM
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Ralph Evêque. Les transmissions du savoir juridique durant la période impériale romaine (27 avant J.C – 565 après J.C). Droit. Université Paris-Nanterre, 2017. Français. ⟨tel-02302731v1⟩



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