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Law 508 and CL 760 Comparative European Legal History: Roman Law and the Ius commune |
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The Catholic University of America |
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| Ken Pennington
Offices: 416 Columbus School of Law 326-328 Caldwell Hall Office Hours Spring 2010: W 12:30-2:00 (326-328 Caldwell) Th 12:00-1:30 (416 Law) and by appointment Tel. 319-5150(Law) 319-6264 (Caldwell) |
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Classroom: Caldwell Hall 111 Th 2:10-4:40 P.M.
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| Email: Pennington@cua.edu and Kenneth.Pennington3@verizon.net (Click on addresses to send Email) | ||
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Like to Read a Description of the Course? |
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Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2010 (to view archived lectures from 2008 and 2007, 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 2:10 PM (EST); to review archived lectures, click on any hyperlinked date |
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| Lecture Topics | Introduction | Introduction (continued) | Gaius' Institutes | |||||
| Video and Audio Stream | January 14 | January 21 | January 28 | February 4 | ||||
| Lecture Topics |
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Roman Jurisprudence | Germanic Law | Renaissance of Law | Renaissance of Law | |||
| Video and Audio Stream | February 11 | February 18 | February 25 |
March 4-1 March 4-2 Virtual Class Two Videos |
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| Lecture Topics | Rights in the Ius commune | Revolution of Procedure | Revolution of Procedure |
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| Video and Audio Stream | March 18 | March 25 | April 8 | |||||
| Lecture Topics | Development of Jurisprudence | |||||||
| Video and Audio Stream | April 15 | April 29 | ||||||
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
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.
Ken Pennington, "Roman and Secular Law in the Middle Ages"
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, "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':
Ken Pennington, Roman Law at the Papal Curia in the Early Twelfth Century
Introduction to the Jurisprudence of Law
Readings: Ken Pennington, "Spirit of Legal History", Ken Pennington, Lex naturalis and Ius
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
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”:
Mid-Term Essay Topics Due: Week of March 15, 2010.
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
Readings: Van Caenegem, chapters 4-7, Bellomo, Chapter 1, Stein, Chapter 5
| Final Essay is due on Saturday, May 8th. | |
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.