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Ken Pennington

The Catholic University of America

Columbus School of Law and School of Canon Law

Office Hours Fall 2014

326-328 Caldwell Hall:  

T-Th 2:45-3:45 PM

 

416 Columbus School of Law:  

 

W 1:30-3:00 PM

and  by appointment

The Kelly-Quinn
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rofessor of Ecclesiastical and Legal History

Curriculum vitae:
Publications
Classes: 
Syllabi and Web Pages

Legal History:  History of Medieval Canon Law:
Bio-Bibliographical Guide
Legal History:  Johannes Teutonicus, Apparatus to Compilatio tertia;  Baldus de Ubaldis, Consilia; Articles International School of the Ius commune, Erice, Sicily
        Ken Pennington received his Ph.D. in Medieval History from Cornell University in 1972.  In 1971 he moved from Ithaca to Syracuse, venturing even deeper into the Upstate New York snow belt.  He taught medieval and Renaissance history at Syracuse University for thirty years.  In the Fall of 2001 he moved his home to The Catholic University of America.  His areas of interest are ancient, medieval, and early modern legal history, the history of constitutional thought, political theory, church history, history of universities, and paleography. Ken has the misfortune of coming out of a Scandinavian gene pool but attempts to correct this biological problem by spending as much time as possible in Italy.  He directs a School in Sicily each October at a place called Erice where a faculty and a student body from Europe and North America look at the history of law in a magical setting on a mountaintop next to the Mediterranean.  During the summer when he is sailing on Lake Ontario, the Chesapeake, or the Mediterranean,  he responds very well to being called "captain."  He is the author or editor of fourteen books and over 100 essays.  Over the past sixteen years, he has used the www. as a tool to teach history in the classroom and is now convinced that just as pasta should be a part of every meal the web should be in every classroom. 

In his research he has been particularly concerned to illustrate how the norms created by the medieval Ius commune shaped medieval institutions, thought, and society. This page will provide links to his Curriculum vitae and publications, the syllabi of his classes, the History of Medieval Canon Law Project, the International School of the Ius commune at Erice, Sicily, and edited texts of medieval legal works. Click on address to send Email: pennington@cua.edu

       

Detail from Tomb of Mondino de' Liuzzi († 1326),

 sculpted by Roso (Boso) da Parma,

Church of San Vitale, Bologna

Courses 

Coimbra, Biblioteca da Universidade 722, fol. 2r


Syllabus of Law 507 and Canon Law 701 History of Canon Law  Fall Semester 2014

This course is video and audio streamed on the internet


Syllabus of Canon Law 728N Medieval Papacy  Fall Semester 2014


Syllabus of Law 508 and CL 760 Comparative European Legal History: Roman Law and the Ius commune   Spring Semester 2014

This course is video and audio streamed on the internet


Syllabus of Canon Law 702:  Sources of Canon Law:  Research Seminar in the Manuscripts and Texts of Canon law 1100-1250    Spring Semester 2014


Syllabus of Honors Humanities 102: From Charlemagne to Chaucer, Spring 2013


Syllabus of Medieval and Byzantine Studies 201, Section 1: Christians March to War: The Crusade, Spring 2012


Syllabus of Canon Law 714A and TRS 727F The History of Medieval Councils Spring Semester 2011


Syllabus for TRS 220  The Church Through the Ages:  From St. Paul to Luther  Fall Semester 2009


      Lectures   
 

Popular Sovereignty and Roman Law
Moderamen Inculpatae Tutelae: The Jurisprudence of a Justifiable Defense
John T. Noonan Jr. and the Father of Canon Law
Hitchhikers' Guide to Torture
The Ius commune, the Origins of Ius, and the Jews 
Origins of Case Law and Precedent in Medieval Canon Law
The Law's Violence against Medieval and Early Modern Jews
DC Legal History Roundtable, April 13, 2012
Women on the Rack: Torture Trials in the Late Middle Ages
The Evolution of Due Process in European Jurisprudence
Reading the Ius commune
Torture as Evidence
The Principle of Due Process, the Women of Naples, and Statutes  contra the Norms of the Ius commune
The Roots of Democracy in Canon Law
Pisa, Authenicae, and Roman Law in the Twelfth Century
Legal Manuscripts and Books in Cyberspace
A Son’s Memories of Stephan Kuttner
Prosecution of Clerics in Medieval Canon Law
The Origins of Rights in the European Legal Thought
Lex naturalis et ius naturale
Lex and ius in the Twelfth and Thirteenth Centuries
La corda:  Instrument of Torture
The Beginings of the Ius commune:  The Big Bang
Legislation and Consent in European Political Thought
Torture Past and Present
The Influence of Roman Law on Secular and Ecclesiastical Law in the Early Twelfth Century
The Ius commune and the Statutes of the Ius proprium
Norman  Legislation in the Kingdom of Sicily
Justice, Procedure, Torture and Execution
Università di Catania:  Il nascita e la giurisprudenza del diritto comune
Uniwersytet Jagielloński: Comparing Common and Civil Law
Gratian:  Teacher and Advocate
La Causa 19, Graziano, e lo Ius commune       Testo

Freedom in the Ius commune

   Was Baldus an Absolutist? The Evidence of his Consilia  
Criminal Procedure in the Ius commune
The Normans in Palermo
Justice in the Ius commune

Let Me Count the Years:

The Millennium Fever in Historical Perspective

Law, History EarthRevolving.gif (10689 bytes) and the WWW. 

Using the WWW. EarthRevolving.gif (10689 bytes) in the Classroom and for Research

The Empire and International Thought
Southern Italy in the Ancient and Early Medieval World
Southern Italy in the Medieval and Modern World
Pompeii

 

History of Medieval Canon Law

Coimbra, Biblioteca da Universidade 722, fol. 2r

In 1986, Wilfried Hartmann (Universität Tübingen) and Ken Pennington began to organize a team of international scholars to write a new History of Medieval Canon Law. After meetings in San Diego, Bad Homburg (Frankfurt), Rome, the project was launched with over fifty scholars from thirteen countries participating. The first three volumes of the project are published and volume four is in press.  Click here for details and for electronic versions of some of the chapters.
As part of this project, we have published a bio-bibliographical guide to early medieval canonical collections, Canonical Collections of the Early Middle Ages (ca. 400-1140): A Bibliographical Guide to the Manuscripts and Literature, compiled by Lotte Kéry (Washington, D.C. The Catholic University Press, 1999).  In retrospect we should have concurrently published this volume on the web as well.  The second volume covering the period from 1140 to 1500 will be will  be published only on the web (link to the right).  Many scholars have already contributed to work, and we hope they will continue to send additions and corrections to the entries.  We plan on expanding our survey to 1650.   If you send information about jurists working after 1500, we will add your entries (with many thanks).

Bio-Bibliographical Guide of Canonists 1140-1500

Offprints

Sankt Gallen, Stiftsbibliothek 671

Medieval Legal Texts

The following links are to Johannes Teutonicus's Commentary on Compilatio tertia. I published the first two books in 1981 (see publications) and am preparing (slowly, I'm afraid) books three, four, and five for publication. Until the text is ready to be printed, I shall maintain a corrected and up-dated transcription of Johannes's Commentary based on the best manuscript, Admont, Stiftsbibliothek 22 on the Web.
 
 

Johannis Teutonici Apparatus

glossarum in Compilationem tertiam

Book  3.1 to 3.22
Book 3.23 to End Book Four
Book 5.1 to 5.16 Book 5.17 to End


 

Baldus de Ubaldis

I have been working on the consilia of Baldus de Ubaldis in the Barberini manuscripts of the Vatican Library. These manuscripts were originally in Baldus's library and offer invaluable insights into how he wrote his consilia. The manuscripts demonstrate how Baldus revised them, sometimes several times. I have edited three consilia from the Vatican manuscripts that illustrate his methodology.  Finally, Joe Canning and I have had a pleasant and interesting exchange about whether Baldus believed that the emperor could make absolute, arbitrary decisions.  My latest response is Was Baldus an Absolutist?  


Consilia 1.326-327 (Milan) Consilium 3.279 (Venice)



  Consilia 1.328, 1.333 (Milan) 3.280, 3.285 (Venice) Additio to Rex

Romanorum

These consilia have been placed here to aid scholars who wish to use the computer to search the texts.  These texts files did not keep their formatting commands when I put them on the Web; consequently they must be consulted in their published form to understand  how Baldus revised, edited, and altered them. See my  Curriculum vitae for details on their publication.

Articles on line

Web publishing has several advantages over print: an author can update the text and provide signposts in them that indicate what is particularly important (good for using them in class).  The text is never "fixed".  In the following articles I have added an index at the beginning that highlights the points that I think are most important.  They also differ from the printed versions of the articles in smaller and larger ways.   I have also put my more recent essays online on several websites.  The most important is Academia.edu.  You can download or read my essays there.
 

Ken Pennington, Bartolomé de Las Casas and Medieval Legal Tradition
Ken Pennington, The History of Rights in Western Thought
Ken Pennington, Learned Law, droit savant, gelehrtes Recht:  The Tyranny of a Concept
Ken Pennington, Due Process, Community, and the Prince in the Evolution of the Ordo iudiciarius
 Ken Pennington,  Spirit of Legal History
Ken Pennington, A Short History of Canon Law from Apostolic Times to 1917
K. Pennington, Innocent Until Proven Guilty: The Origins of a Legal Maxim
K. Pennington, Sovereignty and Rights in Medieval and Early Modern Jurisprudence: Law and Norms without a State
K. Pennington, Bishops and their Dioceses
K. Pennington, Nicholaus de Tudeschis (Panormitanus)
Kenneth Pennington, The Ius commune, Suretyship, and Magna carta

Kenneth Pennington, Gratian, Causa 19, and the Birth of Canonical Jurisprudence Revised

K. Pennington,  Innocent III and the Ius commune
K. Pennington, Representation in Medieval Canon Law
K. Pennington, The Formation of the Jurisprudence of the Feudal Oath of Fealty
Ken Pennington, Politics in Western Jurisprudence
Ken Pennington, The Birth of the Ius commune:  King Roger II’s Legislation
Ken Pennington, Between Naturalistic and Positivistic Concepts of Human Rights
Ken Pennington, The “Big Bang”:  Roman Law in the Early Twelfth-Century
Ken Pennington, Lex naturalis and Ius naturale
Ken Pennington, Torture and Fear:  Enemies of Justice
Ken Pennington, Roman Law at the Papal Curia in the Early Twelfth Century
Ken Pennington, Women on the Rack:  Torture and Gender in the Ius commune
Ken Pennington, The Law’s Violence against Medieval and Early Modern Jews

International School of Ius commune

Ettore Majorana Centre, Erice, Sicily

 

Manlio Bellomo, Orazio Condorelli, and Ken Pennington direct the International School of Ius commune each year at the Ettore Majorana Centre in Erice, Sicily. With faculty and students from both sides of the Atlantic, Erice has become a focal point for legal history and the study of Western European law. For information about the next school click here.
 

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