JCU Logo

JOHN CABOT UNIVERSITY

COURSE CODE: "CL/LAW 326"
COURSE NAME: "Roman Law"
SEMESTER & YEAR: Spring 2020
SYLLABUS

INSTRUCTOR: Fabrizio Conti
EMAIL: [email protected]
HOURS: TTH 1:30-2:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
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 TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
Studying Roman LawPaul du PlessisBristol Classical Press978-178093-026-8 Almost Corner   
Justinian, The Digest of Roman Law: Theft, Rapine, Damage and InsultJustinianPenguin978-0-140-44343-1 Almost Corner   
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Source Analysis-Paper1000/1500 words - deadline on March 31st20%
Oral Presentation 10-15 minutes20%
Research Paper 2500 words - deadline: April 3025%
Attendance and Participation 15%
Mid-Term Exam 20%

-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

Changes may occur.
Any updates will be made to this Syllabus.

Readings other than the textbooks are available on Moodle.

January

Week 1

21 Review of syllabus: readings, discussions, evaluation. World legal systems and the spread of Roman/Civil laws' influence

- M. Beard, "Why Ancient Rome Matters to the Modern World";  "What the Romans Knew"; Di Pietro, "The Roman Legacy of Law"

23 TH  Overview of Roman historical periods: Regnum, Republic, Principate, Dominate. Overview of legal systems: Roman (Civil),
     Common Law, Shar'ia.

         Hugh E. Willis, "Some Fundamental Legal Concepts"

Week 2

28 T Quiz: Articles and Class Notes

-       Riccobono, "Outlines of the Evolution of Roman Law"; Cicero, "On the Laws", Book 1

30 TH  Discussion of Riccobono. Discussion of Cicero, "De Legibus", Roman Political Structures and Institutions

-        RD, Chapter 2, "Constitutional Background of Roman Law"


February

Week 3

4 T  Structures of the Roman Republican government and society (con't)

- Class notes

6 TH  Twelve Tables

- RD Sources of Roman Law

Week 4

11 T  The Twelve Tables; Ius, Lex, Statutes and Procedures of Roman Law

-          Class Notes

13 TH  Ius Civilis, Ius Gentium; Civil Litigation

-         Case study no 2: "Killing a Sister"

Week 5

18 T Historical Overview of Rome, Periodization of Law, The College of the Pontifices

- The Twelve Tables: https://avalon.law.yale.edu/ancient/twelve tables.asp

- Cassius Dio, Roman History, Book 78, 9


20 TH The Law of Persons and Family: Persona, Paterfamilias, Potestas

- Du Plessis, Studying Roman Law, begin reading Ch. 2

- Gaius, Institutes, I, I, 18-23; 27; 38


Week 6

25 T  Week 6 The Law of Persons and Family: Slaves, Familia, Mater

- Du Plessis, Studying Roman Law, continue reading Ch. 2

- Gaius, Institutes, I, I, 42, 43, 44

- Dionysius of Halicarnassus, Roman Antiquities, II, 26


27 TH  The Law of Persons and Family: Children, Manus, Marriage, The Lex Iulia et Papia Poppaea

- Du Plessis, Studying Roman Law, finish reading Ch. 2

- Gaius, Institutes, I, I, 108-115b; 119-120; 132; I,VII, 56-57a, 112-113

- Justinian, Digest, 23, II, 1, 2, 4 

- Cassius Dio, Roman History, 56


Week 7
 

March
 

3 T  The Law of Things: Property, Usucapio, Res Mancipi-Nec Mancipi

- Du Plessis, Studying Roman Law, Ch. 3: pp. 55-71

- Gaius, Institutes,I, 119-120;  II, 1-25


5 TH   no-class

9-13 March: Spring Break



Week 8

17 T  Reflections on the Spirit of Roman Law and Western Civilization

- Wieacker, “The Importance of Roman Law for Western Civilization and Western Legal Thought”

- Lecture by Prof. Okko Behrends, University of Göttingen: https://www.youtube.com/watch?v=D_k7lFYd4PE


19 TH The Law of Things: Obligations

 - Du Plessis, Studying Roman Law, Ch. 3: pp. 72-85

- Anderson, “The Law of Things: Contracts”

- Gaius, Institutes, II, 13, 14; III, 88-110; 135-142


Week 9

24 T The Law of Things: Delicts (Roman Law of Torts), Theft, and The Lex Aquilia

 - Du Plessis, Studying Roman Law, start reading Ch. 3

- Justinian, The Digest of Roman Law, pp. 64-68; pp. 71-124


26 TH  Delicts: Robbery and Insult

 - Du Plessis, Studying Roman Law, finish reading Ch. 3  

- Justinian, The Digest of Roman Law, pp. 151-186


Week 10

31 T  The Law of Actions

 - Du Plessis, Studying Roman Law, Ch. 4: pp. 109-118

-  Justinian, The Digest of Roman Law, pp. 60-63


April

2 TH   “The Romans Think Juridically (and the Indians Mystically)”: The Roman Juridical Mindset

- Jan Hendrik Valgaeren, “The Jurisdiction of the Pontiffs at the End of the Fourth Century BC”,
   in
Olga Tellegen-Couperus, Law and Religion in the Roman Republic

Week 11

7 T   The Non-Contagious Touch: Manumissio, Vindicatio, and Mancipium

- David Daube, “ Two Early Patterns of Manumission”, The Journal of Roman Studies, Vol. 36, Parts 1 and 2 (1946), pp. 57-75


9 TH  Juridical and Religious Theory: The Fetial and The Juridical Rites

- Linda Zollschan, “The Longevity of the Fetial College”, in Olga Tellegen-Couperus, Law and Religion in the Roman Republic

- Federico Santangelo, “The Fetials and Their Ius”, Bulletin of the Institute of Classical Studies, Vol. 51 (2008), pp. 63-93



Week 12

14 T The Earliest Penalty of Roman Criminal Law: The Homo Sacer

- Leon ter Beek, “Divine Law and the Penalty of Sacer Esto in Early Rome”, in Olga Tellegen-Couperus, Law and Religion in the Roman Republic

- Harold Bennett, “Sacer Esto”, Transactions and Proceedings of the American Philological Association, Vol. 61 (1930), pp. 5-18


16 TH From Fanum to Civitas or from Religious to Juridical Order 

- Michel Humm, “The Curiate Law and the Religious Nature of the Power of Roman Magistrates”, in Olga Tellegen-Couperus, Law and Religion in the Roman Republic

- Polybius on the Constitution of the Roman Republic: http://homepage.usask.ca/~jrp638/DeptTransls/Polybius.html



Week 13 

21 T 
Roman Law and Christian Persecutions

 - A. N. Sherwin-White, “The Early Persecutions and Roman Law Again”, The Journal of Theological Studies, Vol. 3, No. 2 (October 1952), pp. 199-213

- J. E. A. Crake, “Early Christians and Roman Law”, Phoenix, Vol. 19, No. 1 (Spring, 1965), pp. 61-70

- Pliny the Younger and Emperor Trajan on trials against the Christians: http://faculty.georgetown.edu/jod/texts/pliny.html

- Diocletian’s Edicts against the Christians: https://sourcebooks.fordham.edu/source/persec1.asp


23 TH  Roman Law and The Church After Constantine

- T. D. Barnes, “Constantine's Prohibition of Pagan Sacrifice”, The American Journal of Philology, Vol. 105, No. 1 (Spring, 1984), pp. 69-72

- Edict of Galerius, Edict of Milan: https://sourcebooks.fordham.edu/source/edict-milan.asp



Week 14

28 T   Roman-Barbarian Developments: The Vulgarization of Roman Law

- Katherine Fischer Drew, “Roman Law and Germanic Law”, in The Laws of the Salian Franks

- Ralph W. Mathisen, “Peregrini, Barbari, and Cives Romani: Concepts of Citizenship and the Legal Identity of Barbarians in the Later Roman
  Empire”, The American Historical Review, Vol. 111, No. 4 (October 2006), pp. 1011-1040

30 TH  Final Discussion


Final Exam