JOHN CABOT UNIVERSITY COURSE CODE: "CL 362" COURSE NAME: "Roman Law" SEMESTER & YEAR: Fall 2018

SYLLABUS INSTRUCTOR: Thomas Govero EMAIL: [email protected] HOURS: TTH 4:30-5:45PM TOTAL NO. OF CONTACT HOURS: 45 CREDITS: PREREQUISITES: Prerequisite: Junior Standing. Co-requisite: EN 110 OFFICE HOURS: By appointment including weekends

COURSE DESCRIPTION: The course will examine the development of Roman law from the Twelve Tables through the Justinian Code. Readings and discussions of the political and social conditions of the Roman Republic and Empire will contextualize the study of the evolution of the law. These will include chapters from Livy's History of Rome, Cicero's defense and prosecution oratory, as well as selections from Pliny, Tacitus, and others. There will be considerable secondary readings on special topics. Students will be required to analyze cases in the Roman Law of property, the family, torts (delicts), and personal law. The final part of the course will consider the developments of Roman Law since the Justinian Code in the Civil Law Tradition.

SUMMARY OF COURSE CONTENT: The course will examine the development of Roman law from the Twelve Tables through the Justinian Code. Readings and discussions of the political and social conditions of the Roman Republic and Empire will contextualize the study of the evolution of the law. These will include chapters from Livy's History of Rome, Cicero's defense and prosecution oratory, as well as selections from Pliny, Tacitus, and others. There will be considerable secondary readings on special topics. Students will be required to analyze cases in the Roman Law of property, the family, torts (delicts), and personal law. The final part of the course will consider the developments of Roman Law since the Justinian Code in the Civil Law Tradition.

LEARNING OUTCOMES: The course will examine the development of Roman law from the Twelve Tables through the Justinian Code. Readings and discussions of the political and social conditions of the Roman Republic and Empire will contextualize the study of the evolution of the law. These will include chapters from Livy's History of Rome, Cicero's defense and prosecution oratory, as well as selections from Pliny, Tacitus, and others. There will be considerable secondary readings on special topics. Students will be required to analyze cases in the Roman Law of property, the family, torts (delicts), and personal law. The final part of the course will consider the developments of Roman Law since the Justinian Code in the Civil Law Tradition.

TEXTBOOK: Book Title Author Publisher ISBN number Library Call Number Comments Format Local Bookstore Online Purchase Roman Law Rafael Domingo Routledge 978-0-8153-6277-7   Almost Corner

REQUIRED RESERVED READING: NONE RECOMMENDED RESERVED READING: NONE

GRADING POLICY -ASSESSMENT METHODS: Assignment Guidelines Weight                                                             Quizzes (One every two weeks)   25% Midterm paper (3-5 pages)   25%     25% Review and presentation of interpretive articles (3)   25% Fianl paper (10 Pages) Guidelines and criteria will be distributed 25%       -ASSESSMENT CRITERIA: AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course. BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments. CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings. DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail. FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant. -ATTENDANCE REQUIREMENTS: The course will examine the development of Roman law from the Twelve Tables through the Justinian Code. Readings and discussions of the political and social conditions of the Roman Republic and Empire will contextualize the study of the evolution of the law. These will include chapters from Livy's History of Rome, Cicero's defense and prosecution oratory, as well as selections from Pliny, Tacitus, and others. There will be considerable secondary readings on special topics. Students will be required to analyze cases in the Roman Law of property, the family, torts (delicts), and personal law. The final part of the course will consider the developments of Roman Law since the Justinian Code in the Civil Law Tradition.

ACADEMIC HONESTY As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.

STUDENTS WITH LEARNING OR OTHER DISABILITIES John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

Session Session Focus Reading Assignment Other Assignment Meeting Place/Exam Dates Tues. September 4 Review of syllabus: readings, discussions, evaluation. World legal systems and the spread of Roman/Civil laws' influence. Rafael Domingo, "Roman Law", Chapter 1: "Basic Legal Concepts and Values" Due: Thurs. Sept. 6 DiPietro et. "Sprezzatura" "The Roman Legacy of Law" Due: Thurs. Sept. 6   Thurs. Sept 6 Overview of Roman historical periods: Regnum, Republic, Principate, Dominate.       Tues. September 11 Quiz no 1: RD Chapter 1 and class notes. Riccobono, "Outlines of the Evolution of Roman Law" Cicero, "De Legibus"/"On the Laws", Book 1     Thurs. September 13 Discussion of Riccobono. Discussion of Cicero, "De Legibus" RD, Chapter 2, "Constitutional Background of Roman Law"     Tues, September 18 Discussion of RD Chapter 2. Structures of the Roman Republican government and society. RD, Chapters 3,4,5: Due Tues. Sept. 18     Thurs. September 20 Quiz no 2: RD Chapter 2 RD Sources of Roman Law       Friday, September 21 (Make-up day) The Twelve Tables Ius, Lex, Statutes and Procedures on Roman Law                 Tues. September 25 Religious impact on Roman law: augurs, pontices maximi. The "conflict of the orders". Roman law as a evolutionary process. Case no 1: "Black Magic, F. Cresimus Defends Himself" RD: Chapter 7: "Civil Litigation"     Thurs. September 27 Ius Civilis, Ius Gentium; Civil Litigation, Case study no 2: "Killing a Sister". RD: Chapter 8, "Family Law"               Tues. October 2 The law of persons: Status. citizens (Latin citizens), non-citizens, peregrine, slaves. Quiz no. 3   DuPlessis, Chapter 2, "Persons"   Thur. October 4 Private Law: marriage, guardianship, divorce, children. Case study no. 3 "A Dowry Hunter Loses Out""       Tues. Oct. 9 Private Law: Slaves, manumission, freedmen. patrons and clients. RD: "The Law of Succession"     Thurs. October 11 The Law of Succession, wills. RD: Chapter 9: Property Law DuPlessis, "Things" Chapter 3   Tues. October 16 The Law of Things: Contracts, form and formula, stipulations and informal contracts, discharge of obligations, privity of obligations, .Modes of acquisition of material things. Derivative modes and conveyances.       Thursday, October 18 Midterm papers due with oral presentations.       Tues, October 23 Civil modes, prescriptions, original natural mode, servitude, other iure in re aliena ownership. Justinian, The Digest of Roman Law: "The Roman Law of Delicts, Theft, Rapine, Damage and Insult". "Concerning the Lex Aquilia," Book 9, Title 2     Thursday, October 25 The Law of Delicts. Review of Lex Aquilia RD, Chapter 5, "Justinian and the Corpus Juris"     Tuesday. October 30 Quiz no 4       Tues. Nov. 6 Case Study no. 5: Pliny to the Emperor Trajan.       Thurs. November 8 Case Study: "Cicero Thwarts the Intrigues of a Powerful Man". Jurist and their interpretive role in Roman Law. Ulpian.   List the most eminent Roman jurists and give a selection of their opinions.   Tues. November 13 Case Study, The Trial of Jesus.       Thurs. November 13 - Thurs. November 29 Review and presentations of secondary literature and articles.       Tues, Thurs. December 3, 5 Review and summary.