JOHN CABOT UNIVERSITY COURSE CODE: "CL 362" COURSE NAME: "Roman Law" SEMESTER & YEAR: Spring 2014

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

COURSE DESCRIPTION: SCOPE AND OBJECTIVES OF THE COURS "The Precepts of the Law are these: to live honestly, to injure no one, to give everyone his due." Cicero 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 modern law codes in may countries The Civil Law is use in nearly three-quarters of the world's legal systems (the other important legal systems nare 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: SCOPE AND OBJECTIVES OF THE COURS "The Precepts of the Law are these: to live honestly, to injure no one, to give everyone his due." Cicero 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 modern law codes in may countries The Civil Law is use in nearly three-quarters of the world's legal systems (the other important legal systems nare 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.

LEARNING OUTCOMES: SCOPE AND OBJECTIVES OF THE COURS "The Precepts of the Law are these: to live honestly, to injure no one, to give everyone his due." Cicero 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 modern law codes in may countries The Civil Law is use in nearly three-quarters of the world's legal systems (the other important legal systems nare 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.

TEXTBOOK: Book Title Author Publisher ISBN number Library Call Number Comments Format Local Bookstore Online Purchase xxxxx xxxxx xxxxxx xxxxx           The Digest of Roman Law Justinian, Penguin 0-14-044343-6   Will order through Almost Corner       An Introduction to Roman Law B. Nichols & E. Metzger Oxford University Press 978-0-19-8760634           Studying Roman Law Paul du Plessis Bristol Classical Press 978-1780930268

REQUIRED RESERVED READING: NONE RECOMMENDED RESERVED READING: NONE

GRADING POLICY -ASSESSMENT METHODS: Assignment Guidelines Weight xxxxxxxx     Resumes (10)   20% of Final Exam Mdterm Paper ( 5 -8 pages)   25% Three case studies: Oral Presentations   20% Final Paper (10 pages)   30% Participation   5% -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 cou 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: SCOPE AND OBJECTIVES OF THE COURS "The Precepts of the Law are these: to live honestly, to injure no one, to give everyone his due." Cicero 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 modern law codes in may countries The Civil Law is use in nearly three-quarters of the world's legal systems (the other important legal systems nare 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.

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 14, 16 . "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 . Freud, Civilization and its Discontents, Sec. I . S. Riccobono, "Outlines of the Evolution of Roman Law" , University of Pennsylvania Law Review and _ American Law Register, Vol 74, No. 1 Due: Thurs. Jan. 23 _______________________________________________________________________________ Reading assignment: Justinian, "General Introduction" pp. 8 - 47 Due: Thursday, Jan. 23 Cicero, De Legibus/On the Laws (selections) Due: Tues. Jan. 22 Di Pietro et al. Spezzatura, chap. 8, "The Roman Legacy of Law" Due: Thurs. Jan. 23 Du Plessis Chap. 1: "Sources and Methods" Due: Tues. Jan. 21 "Roman History: the Brief Version" Due: Tues. Jan 21 Recommended Reading: Aeschylus, "Oresteia" _____________________________________________________________________________________ Week 2: Tues. Thurs. January 21,23. . 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: "Sources of Roman Law " Due: Thurs. Jan. 30 ___________________________________________________________________________________ Case Study No. 1: Black Magic, F. Cresimus Defends Himself ____________________________________________________________________________________ Reading Assignment: Nichols & Metzger: " I, 1,2 Introduction" pp. 1 -12 Due: Thurs. Jan. 24 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 28,30. Resume No. 3 . Sources of Roman Law: Statutes, Edicts of the Magistrates, Juristic Interpretations; . XXII Tables ____________________________________________________________________________________ . Case Study No. 2: "Killing a Sister", The Horatius Trial ____________________________________________________________________________________ Reading Assignment: Nichols & Metzger, Chap V II , "Ius Naturale, Ius Civile, Ius Gentium p. 54; sec. 1, 2, pp. 64 - 76 DuPlessis, Chapter 2: "Persons" The Institutes of Gaius, Four Commentaries ____________________________________________________________________________________ Week 4: Tues. Thurs. February. 4,8 "Not cohabitation but consensus constitutes marriage" "To some extent I liken slavery to death" Cicero . Resume No. 4 . Law of Persons: Status of Citizens, non-citizens (peregrini) , the Roman family, slavery. . The Law of the Praetor Nichols & Metzger, Chap. V,II sec. 3 - 6, pp. 76 - 96; Cicero, ) Due: Tues. Thurs. Feb. 7, 9 _____________________________________________________________________________________ Week 5: Tues. Thurs. February 11, 13, . Resume No. 5 . Marriage, Guardianship, Capitis dominutio . Status of Women: Inscriptions; Status of Slaves: Inscriptions . Reading assignment: Du Plessis, Chapter 3 "Things" . Influence of Rhetoric on the law. ____________________________________________________________________________________ . Case Study No. 3: A Dowery Hunter Loses Out _____________________________________________________________________________________ . 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 18,20, . 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 _____________________________________________________________________________________ . Case Study No. 4: "A Naive Buyer" _____________________________________________________________________________________ Week 7, Tues. Thurs. February , 25, 27 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 . DuPlessis, Chapter 4, "Actions" _____________________________________________________________________________________ Week 8, Tues. Thurs. March 4,6. 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 11, 13 . 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 ___________________________________________________________________________________ . Case No.5: Protecting a Ward ____________________________________________________________________________________ Week 10, March 16 - 21 Spring Break _____________________________________________________________________________________ Week 11, Tues, Thurs March 25, 27. Resume No. 9 . Succession, General Principles . Oral, case-presentations on Persons: No. 6: The Party's Intention vs the Pendantry of Jurists?. _____________________________________________________________________________________ . Reading assignment: . Cicero, Pro Cluentio/For Cluentius (Handout) _____________________________________________________________________________________ Week 12, Tues. Thurs. April 1,3 " Rather leave the crime of the guilty unpunished than condemn the innocent" "Laws should be be interpreted in a liberal sense so that their intention may be preserved." Cicero . Case Studie/Presentations: Delicts: Cicero Pro Cluentio . Justinian, "The Digest of Roman Law: Theft, Rapine, Damage and Insult" "Concerning the Lex Aquilia" pp. 71 -102 ____________________________________________________________________________________________ . Court Cases: No. 7: Cicero Thwarts the Intrigue of a Powerful Man _____________________________________________________________________________________________ . Public Law: Citizenship: The Claudian Tablet; Law Bestowing Power on the Princeps/Emperor Constitutio Antoniana, Caracalla, (212 CE) _______________________________________________________________________________________ Week 13, Tues, Thurs, April 8, 10 . Case Studies/Presentations: Delicts: Justinian, Theft, Robbery with Violence, Riotous Assembly Pliny, Letter to Trajan (Assembly, corportations (collegia). _____________________________________________________________________________________ . Court Cases No. 8: Defense against a Lover's Malice . ____________________________________________________________________________________ Week 14, Tues, Thurs, April 15,17 . Case Studies/Presentation: Justinian: "Concerning Instulting Behaviour" . Court Cases No. 9, 10: A Criminal Organization? A Precautionary Crucifixion _____________________________________________________________________________________ Week 15, Tues, April 22, 24(Last Class) . 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. _____________________________________________________________________________________ "The More Laws, the less Justice" " Laws are silent in time of war" Cicero _____________________________________________________________________________________________________________________ Have a Great Semester in Rome!