Unit 13: Education and Law
Contents and layout ©1999 Joseph J. Hughes, Ph.D.
Revised 09 November 2000
pedagogue "Elements of Oratory"
litterator Justinian
grammaticus praetor urbanus
rhetor quaestio perpetua
Quintilian advocate
I. The mos maiorum on education
A. early and middle Republic
1. handled by Mom and Dad
a. readin, 'ritin, 'rithmetic
1). mostly for boys: we will treat well-off males
2). some girls
b. extensive moral education
c. physical education
2. involved job training
a. fathers trained sons
b. mothers trained daughters
3. "school of hard knocks"
a. taught business practices
1). business administration
2). finance
b. primary vocational training
4. no formal education
B. late Republic
1. new ends of education
a. eloquence the most important goal
1). needed for political success
2). needed for success in the courts
b. formal rhetorical training becomes important
1). traditional education not enough
2). some kind of further education needed
c. some regard for applied science: Romans always practical
1). medicine
2). various forms of construction
d. math, science, literature, not too important per se
1). Romans not interested in math and science abstractions
2). Still working on the literature part
3). leave it to the Greeks!
2. new methods of education
a. yet another good example of Greek influence on Roman life
1). can't live with them: immorality, luxury, fecklessness
2). can't live without them: learning, refinement, they were first
b. 3 R's are now learned from nurses and slaves
1). parents usually too busy now
2). tendency toward specialization
3). pedagogues (often Greex)
c. apprenticeship to some practiced orator still popular
1). learn from a skilled mentor (tirocinium)
2). Cicero a good example
3). Cicero, de oratore
d. formal education introduced by Greeks (imp for Greex)
1). around 100 BC
2). not immediately accepted
3). ran against perception of mos maiorum
C. the curriculum in the Early Empire
1. first formal curriculum of education appears
a. litterator (elementary school)
1). teaches 3 R's
2). most education most boys get
3). very long on rote memorization
b. grammaticus (secondary school)
1). language and literature most important
2). heavily slanted toward Greek (-aemulatio- )
3). also philosophy, music, science
c. rhetor (college)
1). rhetoric: art of public speaking
2). heavy emphasis on literature (Greek and Latin)
d. controversiae
1). argue for one side in a preposterous legal question
2). Slave may not ascend city wall, but defends city from wall?
e. suasoriae
1). persuade a historical or mythical figure to take a course of action
2). Should Agamemnon kill Iphigenia?
3). Should Cicero beg Antony for his life?
2. Quintilian (ca. 90 AD)
a. origins
1). born in Spain
2). became famous teacher at Rome
3). appointed first State professor of rhetoric
b. "Elements of Oratory"
1). product of Q's retirement
2). education of orator for birth on
3). first educational textbook
4). excellent source
c. another example of big tent SPQR ability to adapt
1). Greek rhetorical theory
2). Roman oratorical practice
3). presented by a born Spaniard
II. Details of Roman education
A. students
1. elementary exercises
a. learning conditions
1). massive homework
2). beatings
b. rote memorization
c. speeches
d. writing materials
1). wax tablet
2). stylus
e. boox
1). volumen
2). incredibly expensive
3). hard to use, too
2. a year abroad
a. Cicero, Jr. in Athens
1). status symbol: Greek snob appeal
2). capital of education
b. the reality
1). lots of partying mixed wif intermittent studying
2). send money, Dad!
c. still considered essential to finishing one's education
B. teachers
1. status
a. not all that much respect
b. pay: miserable
c. perceived as doing bad job
d. not hired by state until 100 AD
2. learning
a. not all that great
b. did the best they could
3. Juvenal on the teacher's lot
C. women and education
1. traditional role
a. originally partly responsible for 3 R's
b. example: Cornelia, mother of Gracchi
2. actual education
a. theory
1). women didn't need an education
2). look nice, have babies, tend house
b. practice
1). some very educated women in Empire
2). no female teachers, though
D. wrapup
1. ends and methods
a. primarily for well-off males
b. oratory still the be-all and end-all
c. considerable Greek influence
1). Greek methods and teaching
2). emphasis on Greek learning (-aemulatio-)
2. comparison with modern education
a. modern aims better rounded
b. everything else pretty much still the same
3. Still that familiar tension between mos maiorum and positive change
a. get back to basics???
b. go with the new technology???
1). interactive classroom
2). CD-ROM, WWW, etc.
III. Roman law: theory
A. "Rome's most original and lasting achievement"
1. XII Tables (451 BC)
a. first written codification of Roman law
b. primarily concerned with property
2. Gaius, Institutes (160 AD)
a. commentary on previous laws
b. attempt to wrap up loose ends
3. Justinian's Codes (540 AD)
a. series of all-encompassing volumes
b. designed to set up complete system of Roman law
B. limits of our knowledge
1. primarily concerns well-off males
2. lots of laws preserved
3. not much known about their application
C. theory
1. public vs. private
a. public
1). concerned religious matters
2). concerned magistrates
3). concerned state contracts
b. private
1). concerned individual dealings
2). concerned dealings with foreign nations
2. principle of equity
a. tried to provide citizens with "equal justice"
b. no law considered to be perfect
1). maintain the "spirit" of a law
2). interpret the "letter" of a law
c. constantly refining law and making it better
3. sources of Roman law
a. lex passed by one of the assemblies (Republic)
b. Senatorial decree (Republic, Empire)
c. decree of praetor (Republic, Empire)
1). could be superseded in Republic
2). tended not to be superseded in Empire
d. decree of emperor (Empire)
e. opinions of learned jurists (Empire)
D. Romans versus Greeks
1. Greeks and law
a. each Greek city state had its own rack of laws
b. they were often downright contradictory
c. no such thing as a generic Greek law code
d. Greeks in no position to impose law on others
2. Romans and law
a. One set of overriding laws for the entire Roman world
b. Constantly being refined and improved
c. Intimately linked with basic ideals of human conduct
1). Philosophy, esp. Stoic in Empire
2). also the good old mos maiorum
d. Rome's greatest gift to human civilization
1). forget all the nice roads and poems
2). this gift will last as long as there are shysters!
IV. Roman law: practice
A. practice of law
1. function of Roman state
a. enact laws
b. provide framework for fair trials
2. police duties
a. praetor urbanus enforces justice in Rome
b. IIIviri capitales
1). imprisonment
2). executions
3. duties of the individuals
a. only individuals could prosecute
b. hence rise in free-lance lawyers/orators
c. slander illegal but not really punished
B. methods of resolution
1. agreed-upon arbitrators
2. assemblies also have power to try citizens
3. quaestio perpetua: standing court
a. established in Sulla's time
b. treason, embezzlement, bribery, extortion, murder,
c. poisoning, forgery, breach of peace
4. special courts as needed
a. crimes of violence
b. adultery
C. a Roman trial (-quaestio-)
1. participants
a. praetor: president of court
b. iudices: up to 75 jurors
1). pool chosen by lot
2). each party may reject
c. prosecutor and advocates
1). the more speakers the merrier
2). no pay for legal help (amicitia)
d. defendant and advocates
2. procedure
a. introductory speeches
1). defendant's 1.5 times as long
2). oratorical windbag stuff
b. examination and cross-examination
c. jury takes a secret ballot
3. penalties for guilty
a. exacted by president of court
b. usually a fine in Republic
c. death penalty sometimes given
1). sometimes exacted
2). voluntary exile an option
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