Law 508
The Comparative Foundations of Modern Law
The Catholic University of America
Law 508 The Comparative Foundations of Modern Law |
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The Catholic University of America |
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| Ken Pennington 416 Columbus School of Law Office Hours: 11:00-1:00 MW Caldwell 413 M-W 4:30-5:30 tel. 319-5150(Law)/6264 (Caldwell) |
Classroom: Law School 312D M-W 1:10-2:25 P.M. 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? |
Required books:
Manlio Bellomo, The Common Legal Past of Europe, Catholic University Press $18.95
R.C. Van Caenegem, An Historical Introduction to Private Law, Cambridge University Press, $19.95
Peter Stein, Roman Law in European History, Cambridge University Press, $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, "Innocent Until Proven Guilty: The Origins of a Legal Maxim
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: Van Caenegem,
chapter 2, Justinian (Read the Introduction), Stein, Introduction and Chapter 1II. Barbarian Law
Readings: Van Caenegem, chapter 2
, Bellomo, chapter 2, Stein, Chapter 3III. Revival of Law in the Twelfth Century: The Rebirth of Roman Law, and the Evolution of Canon and Feudal Law: The Ius commune
The Establishment of the Ius commune
For a discussion of the concept of Ius commune, read Pennington, "Tyranny of a Concept."Gratian, De legibus
The evolution of procedure in the Twelfth and Thirteenth Centuries
Key terms: Cognitio extraordinaria, ordeal, and ordo iudiciarius
Readings: Van Caenegem, chapter 3, Bellomo, Chapters 3,5,6; Stein, Chapter 3, Pennington, "Due Process"
Codification of Law in the Twelfth and Thirteenth Centuries
The jurisprudence of papal decretals
Case Law in the Ius commune and the Ius proprium
Midterm essay Due: March 18, 2002.
Brian Gedicks' MidTerm Essay (Recommended Reading)
| England and France 1150-1200
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Constitutions of Clarendon
Prologue
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| Assize of Clarendon
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Writs
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| Development of the Jury
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Magna Carta
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| Bracton, De legibus | Outline of English Law 1200-1800 |
| The Relationship of English Common Law to the Ius commune: Suretyship
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| Readings: Bellomo, Chapter 4, Van Caenegem, Chapter 3 | |
VI. Law in Late Medieval and Early Modern Europe:
"Rights-Based" Jurisprudence
| Rights of Due Process Rights of Property, Contract, and Marriage Rights of Non-Christian Peoples: The Beginnings of International Law |
| Readings: Van Caenegem, chapters 4-7, Bellomo, Chapter 7, Stein, Chapter 4 |
Pennington, "Due Process, Community, and the Prince in the Evolution of the Ordo iudiciarius" Pennington, Innocent until Proven Guilty: Origins of a Maxim |
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Also this 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
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VI. The Modern World: The Codification of Law
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| Readings: Van Caenegem, chapters 4-7, Bellomo, Chapter 1, Stein, Chapter 5 |
Readings: Merryman, The Civil Law Tradition
Final essay for Spring 2002
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
18th and the final essay at the end of the
semester, May 15th. The papers
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.
