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The Catholic University of America
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Canon Law 701, Law 507, TRS
729B
History of Canon Law
History of Jurisprudence: The Catholic Tradition
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Ken Pennington
Office Hours -
Fall 2008:
M
1:30-2:30
(416 Law)
W
11:30-12:30 (326-328 Caldwell)
W
4:35-5:30
(326-328 Caldwell)
F 11:10-12:00 (416 Law)
and by appointment |
The Class of 2008
Pennington's Home Page:
http://faculty.cua.edu/pennington
Classroom: Caldwell 111 and Cyberspace |
Offices:
326-328 Caldwell Hall
Tel. 319-6264
416 Law School
Tel. 319-5150
Home tel.: 202-547-3620
Email:
Pennington@cua.edu
kenneth.pennington3@verizon.net
(Click on addresses to send
Email)
Call me at home or email me.
Voicemail at the University is not a good choice. |
Required books:
Gratian, Treatise on Laws, translated by Augustine
Thompson and James Gordley (Washington, DC: Catholic University
Press, 1993) ISBN 0-8132-0786-x $14.95
Recommended Books: James A. Brundage, Medieval Canon Law,
Longman, $30.00 (This book is out of print. If you can find a used copy on
the internet, you will find it useful for the course. If not, not.
Do not worry. I have plenty of material to replace it. Right now the
book is selling on the web for $60.00 and higher. Don't buy it at that
price. It is a ripoff at that price. I have some copies in my office
that you can borrow for a few days).
F. Donald Logan, The History of the Church in the Middle
Ages (London-New York: Routledge, 2002) ISBN 0-415-13289-4
(If you do not have a good background in the history of the Church, this book
will provide an excellent context for the legal developments we will be
studying).
Recommended Book only for the Wealthy and Committed:
The History of Canon Law in the Classical Period,
1140-1234: From Gratian to the Decretals of Pope Gregory IX,
edited by Wilfried Hartmann and Kenneth Pennington (History of Medieval
Canon Law; Washington, D.C.: The Catholic University of America Press, 2008).
$64.95 This is a very detailed history of a key period that will be
covered in the course. Buy this book only if you are passionately
interested in the history of canon law or if you think that you might go on for
a Ph.D.
Compare prices! The books can be bought from
Amazon.com or from
Barnes and Noble for the price quoted after
the book.
The following readings are required for the course:
Ken Pennington,
A Short History of Canon Law
from Apostolic Times to 1917
Ken Pennington, "Roman and Secular
Law in the Middle Ages"
Ken
Pennington, "Learned Law, droit savant, gelehrtes Recht: The Tyranny of a
Concept"
Ken Pennington, Bishops
and their Dioceses
Ken Pennington,
Sovereignty and Rights in
Medieval and Early Modern Jurisprudence:
Law and Norms without a
State
Ken Pennington,
Gratian, Causa 19, and the Birth of Canonical
Jurisprudence
Ken Pennington,
Innocent III and
the Divine Authority of the Pope
Ken Pennington,
Representation in Medieval Canon Law
Ken
Pennington,
The Formation of the Jurisprudence of the Feudal
Oath of Fealty
Ken
Pennington, Politics in Western Jurisprudence
Ken Pennington,
Between Naturalistic and Positivistic Concepts of Human Rights
Ken Pennington,
Lex naturalis and Ius naturale
Ken Pennington,
The “Big Bang”:Roman
Law in the Early Twelfth-Century
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Email Requirement
I want to hear from you regularly by Email, at least once a week. This
is a requirement of the course. In your first message to me, I would like to
know something about yourself and why you are interested in law.
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| Aside from the regular CUA holidays, we
will not meet on October 9th, and October 10th, during my School
in Italy and the CLSA Convention in Costa Mesa, California. Note
that Tuesday, October 9th is an administrative Monday but the class will not
meet on that day. |
Please email me as soon as possible to
both my email addresses: pennington@cua.edu
and
kenneth.pennington3@verizon.net
We will be using email this semester, and I want to
have a listserve for the class at CUA and at home.
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Lecture Topics:
1. The Birth of a Legal
System
Readings: Brundage, pp.
1-31; Pennington,
Between Naturalistic and Positivistic Concepts of Human Rights;
Pennington, A
Short History; Council of Nicaea;
Early Papal Decretals;
Early Collections of Canon Law,
Roman Law and Canon
Law, Carolingian
Canonical Collections
2. The
Gregorian Reform (Eleventh and Twelfth Centuries)
Readings:
Pennington, A Short History; Brundage, pp.31-43,
Pennington, Bishops and their Dioceses
First Essay
3. Gratian and the
Beginnings of Canonical Jurisprudence
Readings:Pennington,
A Short History;
Brundage, pp. 44-55, Gratian, The Treatise on Laws
(Decretum DD. 1-20), Marriage
canons in Gratian and in the Decretales, translated
by Noonan and Thompson,
Pennington, A
Short History; K.
Pennington, Natural Law;
Pennington, Lex
naturalis and Ius naturale;
Pennington,
Gratian, Causa 19;
Pennington, Innocent III and the Ius commune,
Decretals and Decretal Collections;
Pro ratione voluntas: Canon law establishes
the principle of Ius positivum;
Pope Innocent III and Marriage Decretals;
Decretales
of Pope Gregory IX Book 4 title 2;
Consilia (Briefs);
Pennington, "The
Big Bang"
4. Canon Law in the Late Middle
Ages
Canonists in the Late
Middle Ages
Video
2006
Video
2007
Readings:
Pennington, A Short History; Pope
Innocent IV; Henricus
of Susa (Hostiensis); Oldradus
de Laude (de Ponte); Baldus
de Ubaldis; Nicholaus de Tudeschis
(Panormitanus); Brundage, pp. 55-69
5. Canonical Jurisprudence and the Emergence of the Idea of
Rights
Readings:
Pennington, A
Short History; Brundage, 70-189;
Pennington, "The History of Rights in Western
Thought," Emory Law Journal 47 (1998) 237-252;
K. Pennington,
"Innocent
Until Proven Guilty: The Origins of a Legal Maxim" and
"Sovereignty and Rights in Medieval and Early
Modern Jurisprudence: Law and Norms without a State", and
"Representation
in Medieval Canon Law,"
and
"The
Formation of the Jurisprudence of the Feudal Oath of Fealty"
6. The Road to Modern Canon Law
Readings:
Pennington, A Short History
Course Requirements and Grading
Each student will be required to write two essays.
The first will be due during the week of October 15th and will be on the
material covered by Lecture Topics 1-2. The second will be due by
Sunday, December 14th and will cover the second
half of the semester. All essays will be submitted to me electronically in
Word or WordPerfect format. Each essay will be 50%
of the final grade. The quality and number of the emails during the
semester can also affect the final grade by one grade level (i.e. A- to A).
However, the grade can only rise, never fall. Since the classes are online
and archived, I have no attendance policy. CUA's policy on plagiarism will
be enforced. For good definitions of unacceptable writing practices
click here.
Final Essay
