Syracuse University |
History 381/615 Foundations of Modern Law |
Ken Pennington 313B Maxwell Hall Office Hours: 2:00-3:00 MWF tel. 443-4750 |
Email: Penningk@maxwell.syr.edu and Kpennin1@twcny.rr.com (Click on addresses to send Email) |
Required books:
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, "Learned Law, droit savant, gelehrtes Recht: The Tyranny of a Concept"
Introduction to the Jurisprudence of Law
Readings:
Ken Pennington, "Spirit of Legal History"I. Ancient Law and Roman Law
Readings: Kelly, chapters 1-2, Justinian
Code of Hammurabi | |
Law of the Twelve Tables | |
Lex Aquilia | |
Justinian's Institutes |
Questions for Midterm Examination
II. Barbarian Law
Readings: Kelly, chapter 3, Bellomo, chapter 2, Brundage, chapter 2,
Ordeals
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 Establishment of the Ius commune
Gratian, De legibus
The evolution of procedure in the Twelfth and Thirteenth Centuries
Key terms: Cognitio extraordinaria, ordeal, and ordo iudiciarius
Readings: Kelly, chapter 4, Bellomo, Chapters 3,5,6; Gratian, Decretum, Distinctiones 1-20; Brundage, chapter 3, Pennington, "Due Process"
Constitutions of Clarendon Prologue
Magna Carta
Bracton, De legibus
Bracton, Introduction
Readings: Bellomo, Chapter 4, Brundage, chapters 4-7
V. The Modern World: The Codification of Law |
Readings: Kelly, chapter 8-9, Bellomo, Chapter 1 |
VI. Law in Late Medieval and Early Modern Europe: "Rights-Based" Jurisprudence |
Readings: Kelly, chapter 5-7, Bellomo, Chapter 7, Brundage, chapter 8 |
Pennington, "Due Process, Community, and the Prince in the Evolution of the Ordo iudiciarius" Pennington, Innocent until Proven Guilty: Origins of a Maxim |
Pennington, "Bartolome de Las Casas", Pennington, Rights in the Seventeenth Century: Emanuel Gonzalez Tellez |
For a discussion of the concept of Ius commune, read Pennington, "Tyranny of a Concept." Also this review of a book by Tierney will help you to understand the main developments of natural rights in premodern legal thought: Review of Tierney
|
Readings: Kelly, chapter 10, Merryman, The Civil Law Tradition
Final Examination Essay
Examinations: There will be two essay examination papers, a Mid-Term
and a Final. Both examination papers will be a series of essays on the materials of the
course that will be written out of class. The Mid-term examination will be due Monday,
October 11th and the final at the end of the semester, December 21st. The examinations
should be printed in no smaller than 12pt typeface, double-spaced, with margins of 1"
right and left. The pages should be numbered. The essays will be graded for content,
syntax, and grammar. Graduate Students will write a research paper in
addition to the examination papers.