Legal Education and Training of Lawyers
This chapter focuses on legal education. It surveys Justinian’s command-and-control model of legal education compared to the unstructured, ad hoc and sociable methods of instruction practised under the Republic by a Servius, or, under the Empire, by a Papinian—or, for philosophy, by a Plotinus. For centuries, Romans had operated in line with what had worked for them. Lawyers in their seminars would not necessarily have taught “to” the order of topics present in Scaevola’s treatise on the Civil Law (or Sabinus’ abbreviated version) or to the Edict, but they would have been aware of them as frameworks for the written outcomes of their oral discussions. As the fashion for teaching from core texts and a set syllabus took hold, discussion of written text became the central, but not exclusive focus, of legal instruction and the way was open for the construction of the definitive legal syllabus by Justinian.