FOUNDATIONS OF THE WESTERN LEGAL TRADITIONS
Syllabus
Alan Watson, The Law of the Ancient Romans (SMU Press, 1970).
Justinian, The Institutes of Justinian, P. Birks & G. McLeod, trans. (Cornell UP, 1987).
John Merryman, The Civil Law Tradition, Third Edition (Stanford UP, 2007).
Useful Web Pages
--> W.Smith, A Dictionary of Greek and Roman Antiquities (London 1875): Roman Law Terms
--> Ius Civile: Roman Law Sources
GRADES
Students' grades will be determined on the basis of four criteria:
| 1st Exam (February 25) | 25% |
| Final Exam (TBA) | 35% |
| Research Essay (6000+ Words; Due April 10) | 30% |
| Participation-Presentation | 10% |
COURSE MEETINGS
Tuesdays & Thursdays 12:00-1:15 in HS 111B
TOPIC & ASSIGNMENT SCHEDULE
Take Note: the Topic & Assignment schedule is ambitious. Like any history course, this one requires a lot of reading. It is ESSENTIAL to do all the assigned reading. As I said above, History is an encyclopedic discipline that requires assimilating lots of information. Assigned readings will be covered in quizzes and examination even when they are not covered at any length in class. You are responsible to keep up with the schedule and to know where and when we are. You should expect to spend at least as much time working on course material outside of class as in class. (In fact, two hours outside for every one hour of class time is recommended: that's a total of five hours of preparation each week or about 75 hours outside of class for the whole semester.)
Week I: Watson, Ch.1-2; Handout #1 (XII Tables)
PART ONE: ROMAN LAW in ANTIQUITY
January 14, 16: Course Introduction, Early Rome, The XII Tables
Week II: Watson, Ch.3; Justinian's Institutes, I.1-2, pp.37-39; Handout #2 (Roman History & Roman-Law History); Handout #3 (History of Roman-Law Procedure)
January 21, 23: Outline of Roman History & Roman-Law History; Overview: Sources of Law, Roman Law Procedure
Week III: Watson, Ch.5, 6, 7; Justinian's Institutes, II.1-9, pp.55-69; III.13-29, pp.105-121
January 28, 30: Overview: Roman Law of Property (incl. slavery) & Contracts
Week IV: Watson, Ch.4, 9; Justinian's Institutes, I.3-26, pp.39-55; II.10-25, pp.69-91
February 4, 6: Overview: Roman Family Law & Succession
Week V: Watson, Ch.8; Justinian's Institutes, IV. pp.121-47
February 11, 13: Overview: Roman Law on Delicts & Torts, Criminal Law
Week VI: Watson, Ch.10; Justinian's Institutes, Introduction, pp.7-18; I. Prologue, p.33
February 18, 20: Overview: The Post-Classical Period & Justinian; Catch-Up
Week VII: Watson, Ch.8, pp.78-79; Justinian's Institutes, IV.3, pp.125-127 (for the Aquilian Law); Handout #4 (The Lex Aquilia in the Digest)
February 25: FIRST EXAMINATION
PART TWO: Roman-Law Jurisprudence on the Lex Aquilia, Property, & Slavery
February 27: The Aquilian Law
Week VIII: As Above
March 4, 6: The Aquilian Law (cont.)
MARCH 10-14: SPRING BREAK
Week IX: Justinian's Institutes, II.1-9, pp.55-69
March 18, 20: Roman Property Law
Week X: Justinian's Institutes,
March 25, 27: Slavery in Roman Law
Week XI: Watson, Ch.11, pp.94-99; Handout #7 (Medieval Roman Law)
ROMAN LAW from the Middle Ages into the Modern Age
April 1, 3: Germanic & Vulgar Roman Law
Week XII:
April 8, 10: Medieval Roman Law & Canon Law
April 10: Research Essay Due
Week XIII: Justinian's Institutes, Introduction, pp.18-28; Merryman, Ch.
April 15, 17:
Week XIV: Merryman, Ch.
April 22, 24:
Week XV:
April 29: Catch-Up
FINAL EXAMINATION: TBA
ACADEMIC POLICIES
1. DECORUM
I expect students to attend class and that classes will proceed in an atmosphere of mutual respect and decorum. Carrying on private conversations, reading, texting, I-Ming and eating during class are distracting and disrespectful to your colleagues and to me and violate decorum. If I notice students engaging in such behaviors, I will take this in consideration and may take action as needed.
2. PLEASE TURN OFF ALL CELL-PHONES, PAGERS, TEXT-MESSENGERS, & AUDIO/VIDEO DEVICES BEFORE CLASS BEGINS. STUDENTS DISCOVERED USING ANY OF THESE DEVICES WHILE CLASS IS IN SESSION WILL BE INSTRUCTED TO LEAVE THE CLASS THAT DAY.
3. USE OF NOTES
Students are encouraged to take notes during class and while reading the text(s) and any other assigned materials. For examinations (but NOT quizzes), students may consult any notes they themselves have taken on the readings and during class meetings. Because of the growing mass of material, bad and good, available on the Internet, no printed, word-processed, or photocopied materials may be used during examinations without permission from me.
4. REVISING PAPERS
Papers that have been submitted by the deadline, may be revised and submitted for a (hopefully) improved grade. Papers must be submitted WITH THE GRADED ORIGINAL by the last class session (not at the final exam). Papers that have been submitted after the deadline will not be eligible for revision/resubmission.
5. PLAGIARY
Plagiary is academic fraud. It is a serious offense that is not acceptable. In this course, the submission of a plagiary is cause for an F in the course. Additional penalties are possible. Consult the BSU Student Handbook for more information.
6. EXTRA CREDIT??
I do not believe in giving extra credit for things that are not strictly part of the course. The way to do better is to do better on the various assignments.
7. SPECIAL RULES
1. Quod principi (id est, mihi) placuit, legis habet vigorem.
2. Princeps (id est, ego) legibus solutus est (sum).
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