|History 381/615 Foundations of Modern Law|
313B Maxwell Hall
Office Hours: 2:00-3:00 MWF
|Email: Penningk@maxwell.syr.edu and Kpennin1@twcny.rr.com (Click on addresses to send Email)|
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Ken Pennington, "Learned Law, droit savant, gelehrtes Recht: The Tyranny of a Concept"
Introduction to the Jurisprudence of Law
Readings:Ken Pennington, "Spirit of Legal History"
I. Ancient Law and Roman Law
Ancient World Map
Readings: Kelly, chapters 1-2, Justinian
|Code of Hammurabi||
|Law of the Twelve Tables|
Bibliography and Readings for Roman Law
Questions for Midterm Examination
II. Barbarian Law
Readings: Kelly, chapter 3, Bellomo, chapter 2, Brundage, chapter 2,
Salian Frank Law
Gratian, De legibus
The evolution of procedure in the Twelfth and Thirteenth Centuries
Key terms: Cognitio extraordinaria, ordeal, and ordo iudiciarius
Readings: Kelly, chapter 4, Bellomo, Chapters 3,5,6; Gratian, Decretum, Distinctiones 1-20; Brundage, chapter 3, Pennington, "Due Process"
England and France 1150-1200
Constitutions of Clarendon Prologue
Assize of Clarendon
Development of the Jury
Bracton, De legibus
Readings: Bellomo, Chapter 4, Brundage, chapters 4-7
V. The Modern World: The Codification of Law
|Readings: Kelly, chapter 8-9, Bellomo, Chapter 1|
|VI. Law in Late Medieval and Early Modern Europe: "Rights-Based" Jurisprudence|
|Readings: Kelly, chapter 5-7, Bellomo, Chapter 7, Brundage, chapter 8|
|Pennington, "Due Process, Community, and the Prince in the Evolution of the Ordo iudiciarius" Pennington, Innocent until Proven Guilty: Origins of a Maxim|
|Pennington, "Bartolome de Las
Pennington, Rights in the Seventeenth Century: Emanuel Gonzalez Tellez
For a discussion of the concept of Ius commune, read Pennington, "Tyranny of a Concept." Also this review of a book by Tierney will help you to understand the main developments of natural rights in premodern legal thought: Review of Tierney
Readings: Kelly, chapter 10, Merryman, The Civil Law Tradition
Final Examination Essay
Examinations: There will be two essay examination papers, a Mid-Term and a Final. Both examination papers will be a series of essays on the materials of the course that will be written out of class. The Mid-term examination will be due Monday, October 11th and the final at the end of the semester, December 21st. The examinations should be printed in no smaller than 12pt typeface, double-spaced, with margins of 1" right and left. The pages should be numbered. The essays will be graded for content, syntax, and grammar. Graduate Students will write a research paper in addition to the examination papers.