로마 공화정의 공공성 창출을 위한 제도적 장치에 관한 연구 = 공화기 로마법의 성격과 관련하여

다국어 초록 (Multilingual Abstract)

This research traces back to the Roman Republic to find out the institutional device to generate publicness applicable to 21 century's Korean society. This study analyzes the structure and the maintenance of the Roman Republic and the way how publicness was engendered in the Republic. The Roman Republic as a mixed government produced and maintained publicness based on the keystones to preserve the Republic such as the participation of all the citizens and the balance of power. The core of publicness that was derived from the system of the Roman Republic and sustained the Republic was the legal system that developed in the way that common law did through the ages. Since the legal system based on unwritten laws was flexible in reflecting political and social changes in the Republic, it administered rationales of the Republic, which were that citizens of the Republic could share the identity as the member of the Republic only when the groups in the Republic stayed in harmony, and that the shared identity secured provided a basis that nourished publicness. The reason why the nature of Roman law as a common law was noteworthy is that the process by which publicness is generated is more significant than the content which the publicness bears in a republican government. In this respect, it is important that Roman law and common law have a lot in common because Roman law, like common law, thrived on the process of settling disputes among ordinary people.