Required books:

Manlio Bellomo, The Common Legal Past of Europe, Catholic University Press, ISBN 0813208149 $29.95 (Amazon $22.95)

Justinian, The Digest of Roman Law, Penguin ISBN 0140443436 $16.00 (Amazon $10.00)

Peter Stein, Roman Law in European History, Cambridge University Press, ISBN 0521643791 $34.00 (Amazon $31.00)

Compare prices! The books can be bought from Amazon.com for the price quoted after the book.

Recommended Book:  I have required this book for years.  Cambridge University Press has now, however, raised the price to an unconscionable level for a book that has been in print since 1992.  Van Caenegem is one of the great legal historians in Europe.  If you would like another version and voice for the materials in this course, he is a very good choice.  If you don't have the money, you can live and do well without the book.

R.C. Van Caenegem, An Historical Introduction to Private Law, Cambridge University Press, ISBN 0 521 427452  $54.00 (Amazon $50.00)

These readings are also required for the course:

Ken Pennington, "Bartolomé 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

Ken Pennington, Torture and Fear:  Enemies of Justice

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.

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures  2015 Click on the Lecture Topics to Link to the Web Page of the Lecture For 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	Introduction continued	Law and Codification in the Greco-Roman World	Patronal Mass No Class Role of the Roman Jurists	Role of the Roman Jurists and Gaius' Institutes	Gaius' Institutes  Justinian's Codification Roman Jurisprudence
Video and Audio Stream	January 13	January 15	January 20	January 22	No Class but Watch Video  January 27	January 29	February 3
Lecture Topics		Roman Jurisprudence	Roman Jurisprudence	Roman Jurisprudence	Blizzard of 2015	Roman Jurisprudence & Germanic Law	Administrative Monday No Class	Germanic Law
Video and Audio Stream		February 5	February 10	February 12	February 17	February 19	February 24	February26
Lecture Topics	Renaissance of Law	Renaissance of Law	Renaissance of Law	Renaissance of Law	Renaissance of Law and Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Holy Thursday No Class
Video and Audio Stream	March 3	March 5	March 17	March 19	March 24	March 26	March 31	April 2
Lecture Topics	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure and Developments of Jurisprudence	Developments of Jurisprudence	Developments of Jurisprudence	Developments of Jurisprudence	Developments of Jurisprudence  and Modern Codification
Video and Audio Stream	April 7	April 9	April 14	April 16	April 21	April 23	April 28	April 29 Administravtive Thursday

Lectures Topics

Introduction, Definition of Terms, Conceptions of Legal History

Introduction to the Jurisprudence of Law

I. Ancient Law and Roman Law

II. Germanic Law

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: 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, Van Caenegem, chapter 3 (optional)

IV. Law in Late Medieval and Early Modern Europe: The Revolution of Procedure and "Rights-Based" Jurisprudence

Readings: Van Caenegem, chapters 4-7 (optional), 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; Ken Pennington, Torture and Fear:  Enemies of Justice; Ken Pennington, Roman Law at the Papal Curia in the Early Twelfth Century;  Pennington, "Moderamen inculpatae tutelae: The Jurisprudence of a Justifiable Defense," Rivista Internazionale di Diritto Comune 24 (2013) 27-55

V. The Modern World: The Codification of Law

Codification 1140-1900

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

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 15th and the final essay at the end of the semester, May 7th. 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  2014 Click on the Lecture Topics to Link to the Web Page of the Lecture For 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	Role of the Roman Jurists	Gaius' Institutes	Justinian's Codification Roman Jurisprudence
Video and Audio Stream	January 14	January 16	Blizzard of  '14 University Closed January 21	January 23	January 28	January 30	February 4 31 Minutes of Sound February 4 Video 2
Lecture Topics		Roman Jurisprudence	Roman Jurisprudence	Germanic Law	Germanic Law	Renaissance of Law	Renaissance of Law	Renaissance of Law
Video and Audio Stream		February 6	February 11	2nd Blizzard of  '14 University Closed February 13	February 18	February 21	February 25	February 27
Lecture Topics	Renaissance of Law	No Class	Renaissance of Law Maxims	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure
Video and Audio Stream	March 4	March 6	March 18	March 20	March 25	March 27	April 1 2013 Video	April 3
Lecture Topics	Revolution of Procedure and Development of Jurisprudence	No Class	Development of Jurisprudence	Holy Thursday No Class	Development of Jurisprudence	Development of Jurisprudence	Development of Jurisprudence and Modern Codification	Modern Codification
Video and Audio Stream	April 8	April 10	April 15	April 17	April 22	April 24	April 29	May 1

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures  2013 Click on the Lecture Topics to Link to the Web Page of the Lecture For 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	Role of the Roman Jurists	Gaius' Institutes	Justinian's Codification
Video and Audio Stream	January 15	January 17 Lecture Part 1 Lecture Part 2	January 22	January 24	January 29	January 31	February 5
Lecture Topics		Roman Jurisprudence	Roman Jurisprudence	Roman Jurisprudence and Germanic Law	Germanic Law	Renaissance of Law	No Class-Monday's Schedule	Renaissance of Law
Video and Audio Stream		February 7	February 12	February 14	February 19	February 21	February 26	February 28
Lecture Topics	Renaissance of Law	Renaissance of Law	Renaissance of Law	Rights in the Ius commune and Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure
Video and Audio Stream	March 12	March 14 ca. 30 minutes	March 19	March 21	March 26	March 28 No Class Holy Thursday	April 2	April 4 No class
Lecture Topics	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Development of Jurisprudence	Development of Jurisprudence and Modern Codification	Modern Codification
Video and Audio Stream	April 9	April 11	April 16	April 18	April 23	April 25	April 30	May 2

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2012 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	Download Lecture FLV	Lecture Part 1 Lecture Part 2	January 17	January 19	January 24	January 26	January 31	February 2
Lecture Topics		Roman Jurisprudence	Roman Jurisprudence	Germanic Law	Renaissance of Law	No Class-Monday's Schedule	Renaissance of Law	Renaissance of Law
Video and Audio Stream		February 7	February 9	February 14	February 16	February 21	First this video February 23 (10 Minutes) then Watch the last part of this video or Another Video in FLV	February 28
Lecture Topics	Renaissance of Law	Renaissance of Law	Rights in the Ius commune and Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure	Revolution of Procedure
Video and Audio Stream	March 1	March 13	March 15	March 20	March 22	March 27	March 29
Lecture Topics	Revolution of Procedure	No Class Holy Thursday	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 3	April 5	April 10	April 12	April 17 No class No video	April 19 No class No video	April 24	April 26

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2011 (to view archived lectures from 2010 back to 2007, scroll to bottom of page). Please Note:  We are having trouble again for those of you who are stuck (like me) with Windows 7.  Bill Gates and his helpers have a number of ways in which they make your and my lives miserable and their programs stupidly incompatible with their OWN programs.  In this case, they made Windows 7 incompatible with Windows Media Player's WMV files.  So we will have two choices for  video streaming:  WMV those of you with earlier versions of windows and FLV for those of you with Windows 7.  Please let me know if you cannot use either. 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 Law and Codification in the Greco-Roman World		Role of the Roman Jurists		Gaius' Institutes Justinian's Codification
Video and Audio Stream	January 13 WMV January 13 FLV		January 20  WMV --- Part II January 20 WMV (post fire alarm) January 20 FLV --- Part II January 20 FLV		January 27  WMV January 27 FLV		February 3  WMV February 3 FLV
Lecture Topics	Empress Theodora	Justinian's Codification		Roman Jurisprudence		Roman Jurisprudence		Germanic Law Renaissance of Law
Video and Audio Stream		February 10  WMV February 10 FLV		February 17  WMV February 17 FLV		February 24  WMV February 24 FLV		March 3  WMV March 3 FLV
Lecture Topics	Renaissance of Law			Renaissance of Law		Rights and Consent in the Ius commune
Video and Audio Stream	March 17  WMV March 17 FLV			March 24  WMV March 24 FLV		March 31  WMV March 31 FLV
Lecture Topics	Revolution of Procedure		Revolution of Procedure Development of Jurisprudence		Development of Jurisprudence Modern Codification	Pope Boniface VIII
Video and Audio Stream	April 7  WMV April 7 FLV		April 14  WMV April 14 FLV		April 28  WMV April 28 FLV

Topics of Lectures and Video and Audio Stream of Class and Archived Lectures 2010 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		Justinian's Codification		Roman Jurisprudence		Roman Jurisprudence		Germanic Law
Video and Audio Stream		February 11		February 18		February 25		March 4 OneVideo
Lecture Topics	Renaissance of Law			Renaissance of Law		Renaissance of Law
Video and Audio Stream	March 18			March 25		April 8
Lecture Topics	Rights in the Ius commune		Consent in the Ius commune		Revolution of Procedure	Development of Jurisprudence Modern Codification
Video and Audio Stream	April 15		April 22		April 29	May 1

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