Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2008 (To View the 2007 Lectures, Scroll to Bottom of Page) 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

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, "Bartolome 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 II’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"

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.

Lectures Topics

A few wrinkles in the class schedule this semester. We will meet on Tuesday, January 22th because it is an administrative Monday in the University but not in the Law School. We will follow the university's schedule. Law students who have a Tuesday class that conflicts with this one can catch up by viewing the archived lecture. Tuesday, February 19th is an administrative Monday in the Law School. We will follow the University's schedule rather than the Law School's. Consequently there will be no class on February 19th.

Introduction, Definition of Terms, Conceptions of Legal History

Introduction to the Jurisprudence of Law

I. Ancient Law and Roman Law

II. Germanic Law

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

Midterm essay Due: Week of March 10, 2008.

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

V. The Modern World: The Codification of Law

Codification 1231-1900

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

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 10th and the final essay at the end of the semester, May 15th. 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 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