《学说汇纂》作者籍贯考

The Study of the Origin of Authors of the Digest of Justinian

在《学说汇纂》的38位作者中,籍贯可考的有35人。以35为底数研究罗马法学家的籍贯构成,发现东方作者占51.42%,西方作者占48.57%。从人数的角度看,东方作者超过西方作者,从贡献的角度看,东方法学家也在数量和质量上份额更大。所以,罗马法既包含东方的因素,也包含西方的因素,不可称其为东方法或西方法,可以称其为地中海法。罗马法的发达肇始于西方的穆丘斯学派,展开于东方的贝鲁特学派,最后回到西方,采用波伦那学派的形式。

Among the 38 authors of the Digest of Justinian,there are 35 authors whose origins can be clearly defined.The 35-based study of the composition of origin of Roman jurists found that Eastern authors accounted for 51.42%while Western authors accounted for 48.57%.From the perspective of the number of authors,Eastern authors surpass Western authors,and from the perspective of contribution,Eastern jurist also have a larger share either form the point of view of quantity or from the point of view of quality.Roman law contains both Eastern and Western factors.It cannot be called Eastern or Western.It can be called Mediterranean law.The development of Roman law began in the Western school of Mucius,developed in the School of Beirut in the East,and finally returned to the West,in the form of the Bolognian School.