JOHN CABOT UNIVERSITY COURSE CODE: "CL/LAW 326" COURSE NAME: "Roman Law" SEMESTER & YEAR: Spring 2022

SYLLABUS INSTRUCTOR: Thomas Govero EMAIL: [email protected] HOURS: TTH 3:00 PM 4:15 PM 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 xxxx xxxxx xxxx xxxx   Almost Corner       Roman Law, An Introduction Rafael Domingo Routledge 978-0815362777 XXX 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 Week 1.1 Review of syllabus: readings, discussions, evaluation. World legal systems and the spread of Roman/Civil laws' influence. Evaluation and assessment. Background: Solon and the rise of Greek law and democracy: violence/rhetoric and logos. Conception of law and legality. Ius & lex.   DiPietro et. "Sprezzatura" "The Roman Legacy of Law"   Week 1.2 Overview of Roman historical periods: Regnum, Republic, Principate, Dominate. Byzantine era. Domingo: Chapter 1 Due: 2.2     Week 2.1 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     Week 2.2 Discussion of Riccobono. Discussion of Cicero, "De Legibus" RD, Chapter 2, "Constitutional Background of Roman Law" Henry Maine, "The Ancient Law"     Week 3.1 Discussion of RD Chapter 2. Structures of the Roman Republican government and society. RD, Chapters 3,4,5: Due Tues. Sept. 18 Presentations: What? How? Criteria and Guidelines   Week 3.2 Quiz no 2: RD Chapter 2 RD Sources of Roman Law       Week 4.1 The Twelve Tables Ius, Lex, Statutes and Procedures of Roman Law                 Week 4.2 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"       Week 5.1 Ius Civilis, Ius Gentium; Civil Litigation, Case study no 2: "Killing a Sister". RD: Chapter 8, "Family Law"               Week 5.2 The law of persons: Status. citizens (Latin citizens), non-citizens, peregrine, slaves. Quiz no. 3   DuPlessis, Chapter 2, "Persons"   Week 6.1 Private Law: marriage, guardianship, divorce, children. Case study no. 3 "A Dowry Hunter Loses Out""       Week 6.2 Private Law: Slaves, manumission, freedmen. patrons and clients. RD: "The Law of Succession" Presentations   Week 7.1 The Law of Succession, wills. RD: Chapter 9: Property Law DuPlessis, "Things" Chapter 3 Presentations   Week 7.2 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.   Presentations   Week 8.1 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 Presentations   Mon. - Mon: Week 8.2: Spring Break         Week 9.1 The Lex Aquilia. Case Study: Letters of Pliny to Trajan       Week 9.2 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.   Week 10.1 Case Study, The Trial of Jesus.       Week 10.2 Review and presentations of secondary literature and articles.   Presentations   Week 11.1 Review and summary.   Presentations   Week 11.2 Overview and summary.   Presemtations TBA Week 12.1 European developments of the Civil Law.   Readings and articles   Week 12.2 Developments of the Civil Law. Canon Law. The contributions of Gratian   Readings and articles   Week 13.1 Presentations       Week 13.2 Presentations       Week 14.1; 14.2 Review and Presentations