Course Syllabus

JOHN CABOT UNIVERSITY

COURSE CODE: "CL 362"
COURSE NAME: "Roman Law"
SEMESTER & YEAR: Spring Semester 2012

SYLLABUS

INSTRUCTOR: Govero Thomas
EMAIL: [email protected]; [email protected]
HOURS: TTH 17:30-18:45
TOTAL NO. OF CONTACT HOURS: 45
CREDITS:
PREREQUISITES: Prerequisite: Junior Standing. Co-requisite: EN 110
OFFICE HOURS: By arrangement including weekends/after classes

COURSE DESCRIPTION:

SCOPE AND OBJECTIVES OF THE COURSE

Perhaps the major achievement of the Romans and their primary contribution to world civilization is Roman Law.
More imposing than the monuments, statues and art, Roman Law still has a dynamic, living presence in it's modern
development, the Civil Law which is use in nearly three-quarters of the world's legal systems (the other legal systems
are the Anglo-American and the Shi'ra derived from the Koran). Since the sixteenth century it has become the
basis of International Law.

Studying Roman Law is an examination of the role of law in society; the relations of the state to the individual, and
individuals to one another. Although Roman Law grew out of religious prescriptions (vide: Cicero, On the Laws )
and customs (mos maiorum), it became a secularized body of legislation, codes, edicts, and legal interpretations and
opinions relatively independent of its roots in religious practices and custom.

In this course we shall examine the growth of Roman Law in its historical context (496 BCE - 532CE) with special attention
to the relations between society, the state, individuals, property and juridical interpretations. We shall also focus on the
legal vocabulary (Latin and English although no Latin is required to follow this course), and terms, many of which are still
used in legal documents and parlance. Apart from the outline in the Nichols & Metzger text (NM), we shall also read case
studies of the application of Roman Law and legal acts primarily in the works of Cicero and the Jurists, and the methods
of judicial practice which largely derived from and are dispalyed in Roman rhetoric and oratory.

Finally, at the end of the course we will review the inheritance of Roman Law in developments since the eleventh century
and up to the present time.

SUMMARY OF COURSE CONTENT:

METHODS, PROCEDURES AND PROCESSES

. The course will be divided into two phases:
    A. First class until week 10:
   Origins, methods, developments, historical context, interpretations and opinions of the Jurists,
    and legal bases of institutions such as the family, property, persons, and institutions.

  B. Weeks 11 - 15 . Case studies primarily in delicts, family law and persons.

    . Lectures and discussions based on the readinigs. Reading should be thoroughly prepared outlining the
    important material ( divisions, distinctions, vocabulary and the issue) (Vide: Handout: "How to Read a
    Text")

    . Small group or paired preparations and especially on the context phase and case studies.

    . Resumes: At the beginning of nearly every class you will be asked to write a resume of some specific
    topic found in the reading. These will be handed-in at the end of the semester and be factored into the
    final exam grade. (see below for values)

    . Oral Presentations: Two oral presentations will be assigned during the semester. These will be on a
    specific topic in Roman Law and be evaluted for the thoroughness and accuracy of research, clarity,
    analyses, form of delivery (like a lawyer!), and conclusions given the evidence of the research and
   analyses. The topics will not be covered in class but be an extension of class sessions, i.e. asking you
    to apply the general legal remedy to a specific case. (Further details for these presentations will be
    outlined in "Criteria and Content of Oral Presentations" which will be distributed later in the semeter).

    . There will be a final, five to eight page paper on a topic which will be discussed three weeks before the
       final.  Guidelines and criteria will be distributed for this assignment.

SUMMARY OF COURSE CONTENT

Phase A: Weeks 1 - 8:

. Origins Growth and Development of the Roman Republic (510 - 31 BCE)
. Legal Developments such as the XXII Tables; Origins of the Law: religious and secular.
.  Roman legal terms; substance and procedures of law; the Law of the Praetor.
.  The Jurists: Opinions and interpretations; Cicero's contribution..
.  Ius Civile, Ius Gentium, "Natural Law"
   Rhetorical and philosophical influences; the impact of Stoicism.
. Legal developments in the Empire; the second - third century jurists: Paul, Papinian, Ulpian, Modestinus.
. Legal classes: Persons, family, property, delicts, slaves, foreigners.

Phase B: Weeks 9 - 15:

Case studies: Persons, family, property, delicts, slaves, foreigners, women, children.
Statutes, edicts, rescripta, opinions.

_____________________________________________________________________________________

Useful Sites for this Course:

iuscivile.com

ancienthistory.about.com

lawbod.wordpress.com/tag/roman-law-bibliographies/

law.pitt.edu/hibbitts/rome.htm

The Roman Law Library

(Useful links to Roman Law materials)

Ius Romanum
Roman Law Resources

Fordham.edu/halsall/ancient/12tables. html
(Roman law and government)

www.umt.edu/lawinsider/library/classics
(Roman Law texts)

www.ucl.ac.uk/history/volterr/resource.htm
(Roman legal system and consultation)

dennyreviews.com/h/Roman_Law_and_Comparative_Law.html-9k

www.brils.ac.uk/law/ugdegrees/ugproginfo/ugunit.html?code=LAWD30108-21k-
(Very thorough site covering all aspects of Roman Law)

wwwunrv.com/government/laws.php-13k

www.britac.ac.uk/resource.asp?ResourceID=28-6k
(Leges, Senatus consulta, Constiutiones principis, Responsa prudentium, Cicero, De Legibus
Ludi Saeculares, Res Gestae)

www.maxwell.syr.edu/maxpages/casses/jos381/romebibl.htm-8k

www.yourdictionary.com/ahd/r/r0293900.html
(Roman law definitions, words related to Roman Law, proper usage and pronunciation of the words of
Roman Law)

___________________________________________________________________________________

LEARNING OUTCOMES:

LEARNING OUTCOMES

. A detailed knowledge of Roman legal substance and procedure: their origins and developments.
. A capacity for "close reading", discrimination of important details, accuracy and preciseness of analyses.
. Ability to communicate concisely cases and remedies orally and respond to questions accurately.
. Knowledge of the social, poltical and historical contexts of Roman Law.
. Awareness of later influences and development of the Roman-Civil law tradition and Rome's contribution
to legal culture.
. Consideration of debates and issues raised by Roman Law such as "Natural Law"
. Interest and motivation to continue pursuing Roman legal topics.

TEXTBOOK:

Book Title	Author	Publisher	ISBN number	Library Call Number	Comments	Format	Local Bookstore	Online Purchase
Justinian: The Digest of Roman Law	Justinian	Penguin	0-14-044343-6
An Introduction to Roman Law	B. Nichols and E. Metzger	Oxford University Press	978-0-19-876063-4

REQUIRED RESERVED READING:

NONE

RECOMMENDED RESERVED READING:

NONE

GRADING POLICY
-ASSESSMENT METHODS:

Assignment	Guidelines	Weight
	1. Resumes (10):  20%<br /> 2. Midterm paper ( 5 - 8 pages): 25%<br /> 3. Case Studies, Oral Presentations: 20%<br /> 4. Final Paper (10 pages):  25%<br /> 5. Participation:   10%
	1. Resumes (10):  20%<br /> 2. Midterm paper ( 5 - 8 pages): 25%<br /> 3. Case Studies, Oral Presentations: 20%<br /> 4. Final Paper (10 pages):  25%<br /> 5. Participation:   10%

-ASSESSMENT CRITERIA:

Assessment Guidelines for assigning main letter grades: A, B, C,D, and F.

A: Work of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensiveknowledge 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.

B: This 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.

C: This is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.

D: This 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.

F: This 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:

ATTENDANCE REQUIRMENTS

There are no "official" attendance requirements for this course. However, if you are not
present then you cannot participate and participation is an important value and consideration
in this course. If you are often absent (or even occasionally), you presume that other students
will be responsible for participating and doing the work.

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

                                                                           COURSE SCHEDULE
_____________________________________________________________________________________

                                                                  Week 1: Tues. Thurs. January 17, 19

. "Ithaka"
.  Review of syllabus/outline of course contents, procedures, assignments and evaluation.
. Overview of Roman historical periods: Regnum, Republican, Principate and Dominate.
. World legal systems and Roman/Civil Law. Its contributions and influence.
.  Resume No. 1
. Roman Law vocabulary (Latin & English); Ius and Lex
. ____________________________________________________________________________________
Reading assignment: Justinian, "General Introduction" pp. 8 - 47
Due: Thursday, Jan. 19
Cicero, De Legibus/On the Laws (selections)
Due: Tues. Jan. 24
Di Pietro et al. Spezzatura, chap. 8, "The Roman Legacy of Law"
Due: Thurs. Jan. 19
____________________________________________________________________________________

                                                               Week 2: Tues. Thurs. January 24, 26

. Resume No. 2
. Review of Cicero: Pontifices Maximi and Augurs: Origins of the Law and Roman Religion
. Roman Law in Context: The Monarchy, and Early Republic: Social and Constitutional Background.
_____________________________________________________________________________________
Reading Assignment:
Nichols & Metzger: " I, 1,2 Introduction" pp. 1 -12
Due: Thurs. Jan. 26
Nichols & Metzger, Chap. II, 1-3, "Sources of the Law" pp. 14 - 36; Chap. III, "The Work of Justinian", pp. 38 - 42
_____________________________________________________________________________________

                                                             Week 3: Tues. Thurs. January 31, Feb. 2

. Resume No. 3
. Sources of Roman Law: Statutes, Edicts of the Magistrates, Juristic Interpretations;
. XXII Tables
____________________________________________________________________________________
Reading Assignment:
Nichols & Metzger, Chap V II , "Ius Naturale, Ius Civile, Ius Gentium p. 54; sec. 1, 2, pp. 64 - 76
____________________________________________________________________________________
                                                                     Week 4: Tues. Thurs. February. 7,9
. Resume No. 4
. Citizens, non-citizens, the Roman family, slavery.
. The Law of the Praetor _____________________________________________________________________________________
Reading assignment:
Nichols & Metzger, Chap. V,II sec. 3 - 6, pp. 76 - 96; Cicero, Letter of Marcus Jr. to Tyro (in-class reading)
Due: Tues. Thurs. Feb. 7, 9
_____________________________________________________________________________________

                                                                     Week 5: Tues. Thurs. February 14, 16

. Resume No. 5
. Marriage, Guardianship, Capitis dominutio
_____________________________________________________________________________________
Midterm Paper topics: Suggested topics will be distributed.
Reading assignment: Nichols & Metzger, Chap. III, "Law of Property" , pp. 98 - 117
_____________________________________________________________________________________

                                                                      Week 6: Tues. Thurs. February 21, 23

. Resume No. 6
. Property and Obligations, Possession, Modes of acquisition of material things, Derivative modes and
   Conveyances.
_____________________________________________________________________________________
Reading assignment:
Nichols & Metzger: Chap III, sec. 5 - 9, pp.  120 - 153
_____________________________________________________________________________________

                                                                     Week 7, Tues. Thurs. February 28, March 1
                                                                                         Midterm Week

.   Midterm Papers and resumes due by 1800 on March 1 (Can be submitted in hard copy or via internet)
.   Civil Mode, Prescription, Original natural modes, servitudes, Other iura in re aliena, ownership
.   Oral presentations of papers (Thursday)
_____________________________________________________________________________________
Reading assignment:
Nichols & Metzger: Chap. IV "Law of Obligations" I, Contracts pp. 158 - 204 Due: Week 8
_____________________________________________________________________________________

                                                            Week 8, Tues. Thurs. March 6, 8

. Resume No. 7
. Contracts: Historical development, Informal Contracts, Formal Contracts, Discharge of Obligations,
   Privity of Contract, Surety.
_____________________________________________________________________________________
Reading assignment:
Nichols & Metzger, Chapt. IV, II Delict and Quasi-Delict, pp. 207 - 226
Justinian,  "Concerning the Lex Aquilia"   pp. 71 -102
Additional reference: Bruce W. Frier, A Casebook on the Roman Law of Delict. Atlanta, GA, Scholars
Press, 1943
_____________________________________________________________________________________

                                                              Week 9, Tues. Thurs. March 13, 15
. Resume No. 8
. Delict & Quasi Delict:  Furtum & Rapina, Iniuria, Damnum iniuria datum, Noxal liability, Quasi-delict.
. Case-study assignment: Oral Presentation of cases in Property-rem, Persons-personae, Obligations, Delicts
   Due: Week 11
______________________________________________________________________
Reading assignment:
Nichols & Metzger, Chap. V, Law of Succession, "General Principles" pp. 234 - 241 Due: Week 11

____________________________________________________________________________________
                                                                        Week 10, March 19 - 23
                                                                                 Spring Break
_____________________________________________________________________________________

                                                                      Week 11, Tues, Thurs, 26, 28

. Resume No. 9
. Succession, General Principles
. Oral, case-presentations on Persons.
_____________________________________________________________________________________
Reading assignment:
Cicero, Pro Cluentio/For Cluentius (Handout)
_____________________________________________________________________________________

Final Exam Date: TBA: Oral Presentations will continue on Property and Delicts on this date.
Aelius Aritides, "On Rome"
_____________________________________________________________________________________

Please Note:

. Texts are indispensable for this course. Please acquire copies for the very first class. You may, however,
   want to share copies of the texts.

. Absences: As noted above, there is no "official" requirement on absences. However, absences are an issue.
   In a course such as this in which the material is cumalitive, dense, and technical, it is important to be present
   and participate in every class.
_____________________________________________________________________________________

                                                                  Have a Great Semester in Rome!