Comparative Foundations of Modern Law Comparative Foundations of Modern Law

Law 508 and CL 760

Comparative European Legal History: Roman Law and the Ius commune

http://www.youtube.com/watch?v=6TcC_ni0ojo

http://www.youtube.com/watch?v=0hDyreAhyWg

The Catholic University of America

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)

Classroom: Caldwell Hall 111

Th 2:10-4:40 P.M.

Email: Pennington@cua.edu and Kenneth.Pennington3@verizon.net (Click on addresses to send Email)

Like to Read a Description of the Course?

Click here

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

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 Roman Jurisprudence Germanic Law

Renaissance of 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

Lecture Topics Rights in the Ius commune

Consent in the Ius commune

Revolution of Procedure Revolution of Procedure
Video and Audio Stream March 18 March 25 April 8
Lecture Topics Development of Jurisprudence

Development of Jurisprudence

Development of Jurisprudence

Modern Codification

Video and Audio Stream April 15

April 22

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

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"

Ken Pennington, Roman Law at the Papal Curia 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 wrinkle in the class schedule this semester.   I will be lecturing in Leuven, Belgium on March 4th.  I will provide links in the Lecture Topics above to two archived videos for that session.   The links will be established just before I leave.

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 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

Codification 1231-1900

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

Final Essay for Spring 2010

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.

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