키케로(Cicero)의 정당방위론

The main purpose of this paper is to explore the historical background and ideological origins of the recognition of self-defense under Roman law, and to introduce the theory of self-defense of Cicero, a representative jurist of the late Roman Republic. To this end, we will examine Cicero’s life and achievements (Ⅱ), briefly examine the development process of the theory of self-defense under Roman law (Ⅲ), reexamine the theory of self-defense as shown in Cicero’s defense speech for Milo (Ⅳ), and finally explore the process of his theory of self-defense’s expansion over time and issues. (Ⅴ) Cicero’s theory of self-defense basically contains the spirit of Roman law established through the Twelve Tables, but it cannot be denied that it was greatly influenced by Stoicism, the root of his ideology. In addition, through the defense speech for Milo, Cicero develops the theory of self-defense to protect the state and uses it as a logic to support ‘punishment of tyrants’. This perspective can be said to be in line with the theory of ‘just war’. Furthermore, we can see that it is in line with the ideologies of modern ‘defensive democracy’ and ‘hostile criminal law’. In light of the reality that the place for legal history in the field of law is gradually narrowing, the work that this paper seeks to explore may not only be difficult, but may even feel futile. However, if we give up the historical exploration that is the root of many of the systems we use today, we may lose our way and wander. Therefore, in the field of law where jurisprudence for examination is still rampant, someone must do the work of digging up the roots of precious legal principles, and such attempts must continue. In Cicero’s defense of Milo, which was the main subject of this paper, we find a light that will solve our current concerns.