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The Catholic University of America
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Winchester Bible, Winchester Cathedral
ca. 1150 |
Canon Law 701, Law 507
History of Canon Law
History of Jurisprudence: The Catholic Tradition
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Ken Pennington
Office Hours -
Fall 2015:
326-328 Caldwell Hall:
W
1:30-3:00
PM
and by
appointment
416
Columbus School of Law:
T-Th 2:45-3:45 PM
and by
appointment |
Pennington's Home Page:
http://faculty.cua.edu/pennington
Classroom: Law 208 and Cyberspace
Time: Tuesdays and Thursdays 1:10-2:25 |
Offices:
326-328 Caldwell Hall
Tel. 319-6264
416 Law School
Tel. 319-5150
Home tel.: 202-547-3620
Email:
Pennington@cua.edu
kenpennington12@verizon.net
(Click on addresses to send Email)
Call me at home or email me.
Voicemail at the University is not a good choice. |
Required books:
Gratian, Treatise on Laws, translated by Augustine
Thompson and James Gordley (Washington, DC: Catholic University
Press, 1993) ISBN 0-8132-0786-x $14.95
Recommended Books: James A. Brundage, Medieval Canon Law,
Longman, $30.00 (This book is out of print. If you can find a used copy on
the internet, you will find it useful for the course. If not, not.
Do not worry. I have plenty of material to replace it. Right now the
book is selling on the web for $60.00 and higher. Don't buy it at that
price; it's a ripoff. I have some copies in my office
that you can borrow for a few days).
F. Donald Logan, The History of the Church in the Middle
Ages (London-New York: Routledge, 2002) ISBN 0-415-13289-4
(If you do not have a good background in the history of the Church, this book
will provide an excellent context for the legal developments we will be
studying).
Recommended Books only for the Wealthy and Committed:
The History of Canon Law in the Classical Period,
1140-1234: From Gratian to the Decretals of Pope Gregory IX,
edited by Wilfried Hartmann and Kenneth Pennington (History of Medieval
Canon Law; Washington, D.C.: The Catholic University of America Press, 2008).
$64.95
The History of Byzantine and Eastern Canon Law to 1500,
edited by Wilfried Hartmann and Kenneth Pennington
(History
of Medieval Canon Law; Washington D.C. The Catholic University Press of America,
2012). $59.95
These are very detailed histories of key periods that
will be covered in the course. Buy these books only if you are
passionately interested in the history of canon law or if you think that you
might go on for a Ph.D. Or if you are simply addicted to having books on
your shelf.
Compare prices! The books can be bought from
Amazon.com or from
Barnes and Noble for the price quoted after
the book.
The following electronic readings are required for the course:
Ken Pennington,
A Short History of Canon Law
from Apostolic Times to 1917
Thanks to Father James Bradley, a
Pdf File of A Short History of Canon Law
Ken Pennington, "Roman and Secular
Law in the Middle Ages"
Ken
Pennington, "Learned Law, droit savant, gelehrtes Recht: The Tyranny of a
Concept"
Ken Pennington, Bishops
and their Dioceses
Pdf
Ken Pennington,
Sovereignty and Rights in
Medieval and Early Modern Jurisprudence:
Law and Norms without a
State
Ken Pennington,
Gratian, Causa 19, and the Birth of Canonical
Jurisprudence
Ken Pennington,
Innocent III and
the Divine Authority of the Pope
Ken Pennington,
Representation in Medieval Canon Law
Ken
Pennington, The Formation of the Jurisprudence of the Feudal
Oath of Fealty
Ken
Pennington, Politics in Western Jurisprudence
Ken Pennington,
Between Naturalistic and Positivistic Concepts of Human Rights
Pdf
Ken Pennington,
Lex naturalis and Ius naturale
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, The Growth of Church Law
Ken Pennington,
Introduction to the Courts
Ken
Pennington, Biography of Gratian
Pennington,
Western Legal Collections
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British Library, Cotton Nero C.IV, Winchester Psalter ca. 1150 |
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 law. I
want you to respond to my lectures and the class materials by sending me
your comments regularly with emails.
I will circulate them to the entire class.
Important: Please send your comments to me first.
Sometimes I will add comments to your emails or try to answer
questions that you pose. Then I
will circulate them to the entire class.
Please email me as soon as possible to
both my email addresses:
pennington@cua.edu
kenpennington12@verizon.net
We will be using email this semester, and I want to
have a listserve for the class at CUA and at home.
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Lecture Topics:
Introduction
Readings:
Pennington, The History of Natural Law;
Ken Pennington,
Lex naturalis and Ius naturale; H.L.A. Hart, John
Austin
1. The Birth of a Legal
System
Readings: Brundage, pp.
1-31; Pennington,
Between Naturalistic and Positivistic Concepts of Human Rights;
Pennington, A
Short History; Council of Nicaea;
Early Papal Decretals;
Early Collections of Canon Law,
Roman Law and Canon
Law, Carolingian
Canonical Collections; Caesaropapism;
Pennington, The Growth of Church Law
2. The
Gregorian Reform (Eleventh and Twelfth Centuries)
Readings:
Pennington, A Short History; Brundage, pp.31-43,
Pennington, Bishops and their Dioceses
Midterm Essay
Due
Friday, October 23, 2015
3. Gratian and the
Beginnings of Canonical Jurisprudence
Readings:Pennington,
A Short History;
Ken
Pennington, Biography of Gratian,
Pennington,
Western Legal Collections,
Ken Pennington,
Introduction to the Courts,
Brundage, pp. 44-55, Gratian, The Treatise on Laws
(Decretum DD. 1-20), Marriage
canons in Gratian and in the Decretales, translated
by Noonan and Thompson,
Pennington, A
Short History; K.
Pennington, Natural Law;
Pennington, Lex
naturalis and Ius naturale;
Pennington,
Gratian, Causa 19;
Pennington, Innocent III and the Ius commune,
Decretals and Decretal Collections;
Pro ratione voluntas: Canon law establishes
the principle of Ius positivum;
Pope Innocent III and Marriage Decretals;
Decretales
of Pope Gregory IX Book 4 title 2;
Consilia (Briefs);
Pennington, "The
Big Bang";
Ken Pennington, Roman
Law at the Papal Curia in the Early Twelfth Century
4. Canon Law in the Late Middle
Ages
Canonists in the Late
Middle Ages
Video
2006
Video
2007
Readings:
Pennington, A Short History; Pope
Innocent IV; Henricus
of Susa (Hostiensis); Oldradus
de Laude (de Ponte); Baldus
de Ubaldis; Nicholaus de Tudeschis
(Panormitanus); Brundage, pp. 55-69
5. Canonical Jurisprudence and the Emergence of the Idea of
Rights
Readings:
Pennington, A
Short History; Brundage, 70-189;
Pennington, "The History of Rights in Western Thought";
K. Pennington,
Due Process, Community, and the Prince in
the Evolution of the Ordo
iudiciarius;
K. Pennington,
"Innocent
Until Proven Guilty: The Origins of a Legal Maxim" and
"Sovereignty and Rights in Medieval and Early
Modern Jurisprudence: Law and Norms without a State", and
"Representation
in Medieval Canon Law,"
and
"The
Formation of the Jurisprudence of the Feudal Oath of Fealty"
6. The Road to Modern Canon Law
Readings:
Pennington, A Short History
Course Requirements and Grading
Each student will be required to write two essays.
The first will be due during the week of October 17th and will be on the
material covered by Lecture Topics 1-2. The second will be due by
Friday, December 18th and will cover the second
half of the semester. All essays will be submitted to me electronically in
Word or WordPerfect format. Each essay will be 50%
of the final grade. The quality and number of the emails during the
semester can also affect the final grade by one grade level (i.e. A- to A).
However, the grade can only rise, never fall. Since the classes are online
and archived, I have no attendance policy. CUA's policy on plagiarism will
be enforced. For good definitions of unacceptable writing practices
click here.
Final Essay
