Comparative Foundations of Modern Law Comparative Foundations of Modern Law

CL 760 and Law 508

omparative European Legal History: Roman Law and the Ius commune

The Catholic University of America

Ken Pennington

Offices: 416 Columbus School of Law

and 326-328 Caldwell Hall

Spring 2014 Office Hours:

326-328 Caldwell Hall:

T-Th 2:45-3:30

416 Law School

W 2:30-5:00 

and by appointment

Tel. 319-5150 (Law) 319-6264 (Caldwell)

Bologna, Collegio di Spagna, 285, fol. 1r, Digestum vetus, glossatum Accursio ca. 1275

Classroom: Caldwell Hall 111

T-Th 1:10-2:25 P.M.

Email: Pennington@cua.edu and KenPennington12@verizon.net (Click on addresses to send Email)

 

 

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

 sculpted by Roso (Boso) da Parma,

Church of San Vitale, Bologna

Like to Read a Description of the Course? Click here

 

Detail of Tomb of Johannes Legnano (ca. 1383), sculpted by Jacobello dalle Masegne,  Bologna, Museo Civico Medievale

 

Tomb of Egidio Foscherari

Piazza San Domenico, Bologna, Emilia-Romagna, Italy 1289

Required books:

Manlio Bellomo, The Common Legal Past of Europe, Catholic University Press, ISBN 0813208149 $18.95

R.C. Van Caenegem, An Historical Introduction to Private Law, Cambridge University Press, ISBN 0 521 427452 $19.95

Justinian, The Digest of Roman Law, Penguin ISBN 0140443436 $11.95

Peter Stein, Roman Law in European History, Cambridge University Press, ISBN 0521643791 $18.95

Compare prices! The books can be bought from Amazon.com or from Barnes and Noble for the price quoted after the book.


These readings are also required for the course:

Ken Pennington, "Bartolom de Las Casas and Medieval Legal Tradition"

Ken Pennington, "Roman and Secular Law in the Middle Ages"

Ken Pennington, "Spirit of Legal History"

Ken Pennington, "Due Process, Community, and the Prince in the Evolution of the Ordo iudiciarius

Ken Pennington, "Representation in Medieval Canon Law"

Ken Pennington, "Innocent III and the Ius commune"

Ken Pennington, "Innocent Until Proven Guilty: The Origins of a Legal Maxim"

Ken Pennington, "Learned Law, droit savant, gelehrtes Recht: The Tyranny of a Concept"

Ken Pennington, "Sovereignty and Rights in Medieval and Early Modern Jurisprudence: Law and Norms without a State"

Ken Pennington, "Politics in Western Jurisprudence"

Ken Pennington, "The Birth of the Ius commune: King Roger III's Legislation"

Ken Pennington, "Criminal Procedure in the Ius commune"

Ken Pennington, "Feudal Law and the Ius commune"

Ken Pennington, "The 'Big Bang': Roman Law in the Early Twelfth-Century"

Ken Pennington, Roman Law at the Papal Curia in the Early Twelfth Century

Ken Pennington, Torture and Fear:  Enemies of Justice

The Homepage for this course will provide internet links that you will find useful for the course. You will be informed by Email when links or material are added to the Homepage that you should consult. There are required readings on the Homepage for which you will be responsible.

Email Requirement

I want to hear from you regularly by Email. 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 legal history.

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures  2014

Click on the Lecture Topics to Link to the Web Page of the Lecture

For video and audio, click on the appropriate date at 3:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction continued Law and Codification in the Greco-Roman World Role of the Roman Jurists Role of the Roman Jurists Gaius' Institutes  Justinian's Codification

Roman Jurisprudence

Video and Audio Stream January 14
 

January 16

 

Blizzard of  '14

University Closed

January 21

January 23 January 28 January 30

February 4

31 Minutes of Sound

February 4

Video 2

Lecture Topics Roman Jurisprudence Roman Jurisprudence  Germanic Law Germanic Law  Renaissance of Law  Renaissance of Law Renaissance of Law
Video and Audio Stream February 6 February 11

2nd Blizzard of  '14

University Closed

February 13
February 18 February 21 February 25

February 27

Lecture Topics Renaissance of Law No Class Renaissance of Law
Maxims
 Revolution of Procedure Revolution of Procedure Revolution of Procedure Revolution of Procedure Revolution of Procedure
Video and Audio Stream March 4 March 6 March 18 March 20 March 25 March 27 April 1

2013 Video
April 3
Lecture Topics Revolution of Procedure and Development of Jurisprudence No Class Development of Jurisprudence

Holy Thursday

No Class

 Development of Jurisprudence

 

Development of Jurisprudence

Development of Jurisprudence and Modern Codification

Modern Codification

Video and Audio Stream April 8 April 10 April 15 April 17 April 22 April 24 April 29 May 1

Lectures Topics

Introduction, Definition of Terms, Conceptions of Legal History

Introduction to the Jurisprudence of Law

Readings: Ken Pennington, "Spirit of Legal History", Ken Pennington, Lex naturalis and Ius

naturale

I. Ancient Law and Roman Law

Readings: Van Caenegem, chapter 2; Justinian (Read the Introduction); Stein, Introduction and Chapter 1; Bibliography and Readings for Roman Law

II. Germanic Law

Readings: Van Caenegem, chapter 2, Bellomo, chapter 2, Stein, Chapter 3

Pennington, Roman and Secular Law in the Middle Ages

III. Revival of Law in the Twelfth Century: The Rebirth of Roman Law, and the Evolution of Canon and Feudal Law: The Ius commune

Readings: Van Caenegem, chapter 3, Bellomo, Chapters 3,5,6; Stein, Chapter 3; Ken Pennington, "Tyranny of a Concept." ; Ken Pennington, "The Birth of the Ius commune: King Roger II's Legislation"; Ken Pennington, "The 'Big Bang': Roman Law in the Early Twelfth-Century"; Ken Pennington, Roman Law at the Papal Curia in the Early Twelfth Century

Mid-Term Essay Topics  Due: Week of March 17,  2014.

IV. Law in Late Medieval and Early Modern Europe: The Revolution of Procedure and "Rights-Based" Jurisprudence

Readings: Van Caenegem, chapters 4-7, Bellomo, Chapter 7, Stein, Chapter 4; My review of a book by Tierney will help you to understand the main developments of natural rights in pre-modern legal thought: Review of Tierney; Peter Landau, The Development of Equity in Canon Law; K. Pennington, Representation in Medieval Canon Law; Ken Pennington, Innocent until Proven Guilty: Origins of a Maxim; Ken Pennington, "Sovereignty and Rights in Medieval and Early Modern Jurisprudence: Law and Norms without a State"; Ken Pennington, Bartolomé de Las Casas and the Tradition of Medieval Law; Ken Pennington, "Politics in Western Jurisprudence"; Ken Pennington, Due Process, Community, and the Prince in the Evolution of the Ordo iudiciarius; Ken Pennington, Criminal Procedure in the Ius commune; Ken Pennington, Feudal Law and the Ius commune; Ken Pennington, The Formation of the Jurisprudence of the Feudal Oath of Fealty; Ken Pennington, Torture and Fear:  Enemies of Justice; Ken Pennington, Roman Law at the Papal Curia in the Early Twelfth Century

V. The Modern World: The Codification of Law

Codification 1231-1900

Readings: Van Caenegem, chapters 4-7, Bellomo, Chapter 1, Stein, Chapter 5

Final Essay for Spring  2014

Final Essay is due on Friday, May 9th,  2014; for Civil Law Students the paper is due on Sunday, May 11th,  2014


Papers: There will be two essays, at Mid-Term and at the end of the semester. Both papers will be on the materials of the course that will be written out of class. The mid-term essay will be due the week of March 15th and the final essay at the end of the semester, May 7th. The essays should be formatted in no smaller than 12pt typeface, double-spaced, with margins of 1" right and left. The pages should be numbered. They will be graded for content, syntax, and grammar. The essays
should be proofread carefully. Place the numbers of the sections in your essay. I would like to receive your essay as a Word or WordPerfect document (Windows; I cannot do Mac) as an email attachment. If you cannot submit it this way please give it to me as a diskette. Please label your file with your name, last first, first last, e.g. PenningtonKen.doc I will make my comments in the electronic document.

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures  2013

Click on the Lecture Topics to Link to the Web Page of the Lecture

For video and audio, click on the appropriate date at 3:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction continued Law and Codification in the Greco-Roman World Role of the Roman Jurists Role of the Roman Jurists Gaius' Institutes  Justinian's Codification
Video and Audio Stream January 15
January 17

Lecture Part 1

Lecture Part 2

January 22 January 24 January 29 January 31 February 5
Lecture Topics Roman Jurisprudence Roman Jurisprudence Roman Jurisprudence
and Germanic Law
Germanic Law  Renaissance of Law No Class-Monday's Schedule Renaissance of Law
Video and Audio Stream February 7 February 12 February 14 February 19 February 21 February 26

February 28

Lecture Topics Renaissance of Law Renaissance of Law Renaissance of Law
Rights in the Ius commune and Revolution of Procedure Revolution of Procedure Revolution of Procedure Revolution of Procedure Revolution of Procedure
Video and Audio Stream March 12 March 14
ca. 30 minutes
March 19 March 21 March 26 March 28
No Class Holy Thursday
April 2 April 4

No class
Lecture Topics Revolution of Procedure Revolution of Procedure Revolution of Procedure

Revolution of Procedure

Revolution of Procedure

Development of Jurisprudence

Development of Jurisprudence and Modern Codification

Modern Codification

Video and Audio Stream April 9 April 11 April 16 April 18 April 23 April 25 April 30 May 2

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2012

Click on the Lecture Topics to Link to the Web Page of the Lecture

For live video and audio, click on the appropriate date at 3:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction continued Law and Codification in the Greco-Roman World Role of the Roman Jurists Gaius' Institutes Justinian's Codification Roman Jurisprudence Roman Jurisprudence
Video and Audio Stream Download Lecture FLV Lecture Part 1

Lecture Part 2

January 17 January 19 January 24 January 26 January 31 February 2
Lecture Topics Roman Jurisprudence Roman Jurisprudence Germanic Law Renaissance of Law No Class-Monday's Schedule Renaissance of Law Renaissance of Law
Video and Audio Stream February 7 February 9 February 14 February 16 February 21
First this video
February 23 (10 Minutes)
then
Watch the last part of this video
or

Another Video in FLV

February 28

Lecture Topics Renaissance of Law Renaissance of Law Rights in the Ius commune and
Revolution of Procedure
Revolution of Procedure Revolution of Procedure Revolution of Procedure Revolution of Procedure
Video and Audio Stream March 1 March 13 March 15 March 20 March 22 March 27 March 29
Lecture Topics Revolution of Procedure No Class Holy Thursday Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Modern Codification

Video and Audio Stream April 3 April 5 April 10 April 12 April 17

No class
No video
April 19

No class
No video
April 24 April 26

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2011 (to view archived lectures from 2010 back to 2007, scroll to bottom of page). Please Note:  We are having trouble again for those of you who are stuck (like me) with Windows 7.  Bill Gates and his helpers have a number of ways in which they make your and my lives miserable and their programs stupidly incompatible with their OWN programs.  In this case, they made Windows 7 incompatible with Windows Media Player's WMV files.  So we will have two choices for  video streaming:  WMV those of you with earlier versions of windows and FLV for those of you with Windows 7.  Please let me know if you cannot use either.

Click on the Lecture Topics to Link to the Web Page of the Lecture

For live video and audio, click on the appropriate date at 2:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction

Law and Codification in the Greco-Roman World

Role of the Roman Jurists

Gaius' Institutes

Justinian's Codification

Video and Audio Stream January 13 WMV

January 13 FLV

January 20  WMV --- Part II January 20 WMV (post fire alarm)

January 20 FLV --- Part II January 20 FLV

January 27  WMV

January 27 FLV

February 3  WMV

February 3 FLV

Lecture Topics

Empress Theodora

Justinian's Codification

Roman Jurisprudence

Roman Jurisprudence Germanic Law

Renaissance of Law

Video and Audio Stream February 10  WMV

February 10 FLV

February 17  WMV

February 17 FLV

February 24  WMV

February 24 FLV

March 3  WMV

March 3 FLV

Lecture Topics Renaissance of Law Renaissance of Law Rights and Consent in the Ius commune
Video and Audio Stream March 17  WMV

March 17 FLV

March 24  WMV

March 24 FLV

March 31  WMV

March 31 FLV

Lecture Topics Revolution of Procedure

Revolution of Procedure

Development of Jurisprudence

Development of Jurisprudence

Modern Codification

Pope Boniface VIII

Video and Audio Stream April 7  WMV

April 7 FLV

April 14  WMV

April 14 FLV

April 28  WMV

April 28 FLV

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2010

Click on the Lecture Topics to Link to the Web Page of the Lecture

For live video and audio, click on the appropriate date at 2:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction (continued)

Law and Codification in the Greco-Roman World

Role of the Roman Jurists

Gaius' Institutes

Justinian's Codification

Video and Audio Stream January 14 January 21 January 28 February 4
Lecture Topics Justinian's Codification

Roman Jurisprudence

Roman Jurisprudence Germanic Law
Video and Audio Stream February 11 February 18 February 25

March 4

OneVideo

Lecture Topics Renaissance of Law Renaissance of Law Renaissance of Law
Video and Audio Stream March 18 March 25 April 8
Lecture Topics Rights in the Ius commune

Consent in the Ius commune

Revolution of Procedure

Development of Jurisprudence

Modern Codification

Video and Audio Stream April 15

April 22

April 29 May 1

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2008

Click on the Lecture Topics to Link to the Web Page of the Lecture

For live video and audio, click on the appropriate date at 3:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction continued Law and Codification in the Greco-Roman World Role of the Roman Jurists Gaius' Institutes Justinian's Codification Roman Jurisprudence Roman Jurisprudence
Video and Audio Stream January 14 January 16 January 22 January 23 January 28 January 30 February 4 February 6
Lecture Topics Roman Jurisprudence Roman Jurisprudence Germanic Law Renaissance of Law Renaissance of Law Renaissance of Law Renaissance of Law
Video and Audio Stream February 11 February 13 February 18 February 20 February 25 February 27

March 10

Lecture Topics Renaissance of Law Rights in the Ius commune Consent in the Ius commune No Class Easter Monday Revolution of Procedure Revolution of Procedure Revolution of Procedure
Video and Audio Stream March 12 March 17 March 19 March 24 March 26 March 31 April 2
Lecture Topics Development of Jurisprudence Development of Jurisprudence Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Modern Codification

Video and Audio Stream April 7 April 9 April 14 No Class April 21 April 23 April 28 April 30

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2007

Click on the Lecture Topics to Link to the Web Page of the Lecture

For live video and audio, click on the appropriate date at 3:10 PM (EST); to review archived lectures, click on any hyperlinked date

Lecture Topics Introduction Introduction continued Law and Codification in the Greco-Roman World Role of the Roman Jurists Gaius' Institutes Justinian's Codification Roman Jurisprudence Roman Jurisprudence Roman Jurisprudence
Video and Audio Stream January 8 January 10 January 16 January 17 January 22 January 24 January 29 January 31 February 5
Lecture Topics Roman Jurisprudence Germanic Law Renaissance of Law Renaissance of Law Mid-Term Essay Renaissance of Law Renaissance of Law Renaissance of Law
Video and Audio Stream February 7 February 12 No Class Today February 14

CUA Closed

February 19 No Class Today

February 21

March 5 March 7 March 12
Lecture Topics Renaissance of Law Renaissance of Law Renaissance of Law Revolution of Procedure Revolution of Procedure Revolution of Procedure Revolution of Procedure No Class Easter Monday
Video and Audio Stream March 14 March 19 March 21 March 26 March 28 April 2 April 4 April 9
Lecture Topics Revolution of Procedure Development of Jurisprudence Development of Jurisprudence Development of Jurisprudence Triumph of Codes

Martyrdom of Saint Hippolytus, Anonymous artist ca. 1475-1500, Museum of Fine Arts, Boston

Video and Audio Stream April 11 April 16 April 18 April 23 April 25