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Clcv 25808, Clas 35808, Hist 21/31004, Llso 21212, Sign 26017 CLCV 25808, CLAS 35808, HIST 21/31004, LLSO 21212, SIGN 26017 Roman Law Version of 6 April 2020 Sessions Tuesday, asynchronous Video posted to Canvas Thursday, synchronous 2:00-3:20, by Zoom https://uchicago.zoom.us/j/649965641 Clifford Ando Office: Classics 23 [email protected] Office hours: F 11:00-12:00 https://uchicago.zoom.us/j/123857645 Jenna Sarchiuo [email protected] Office hours: TBD Course objectives: The course has two chief aims. First, to investigate the Roman law as a topic of historical inquiry—to chart its development over time; to study its implication in political and demographic changes in the society it sought to map; and to raise problems of evidence and method in grappling with the sources of knowledge that survive to us. Second, to consider some areas of legal doctrine and legal practice both in Rome itself and in the communities over which Rome ruled. The systems that we study have great comparative interest in the study of law and empire, and they exercised profound, even determinative influence on the subsequent history of law in Europe and European empire. Grading Canvas discussions posts 30% Midterm 25% Final 45% Assessment By 2pm on Tuesday (Chicago time, i.e., when we would have met), I will post (i) the videos for the week and (ii) some prompts for the discussion posts on canvas. Every student in the course will be responsible for posting to the discussion four times: students with last names starting with A-L should post in weeks 2, 4, 6, and 8; students with last 2 names starting with M-Z should post in weeks 3, 5, 7, and 9. Please post by 11:59pm on Wednesday. Although I will specify that these should be c. 200 words, the object is not performance (and assessment) as such. These are opporutnities for you to try out ideas; to encounter each other's ideas; and to pose questions. I will read the the posts and they will be among the things that guide discussion on Thursday. As per my email of 22 March, the midterm will consist of short-answer questions; the final will post questions that seek long-format answers or short essays. Academic regulations: To quote the College website, your conduct in this course is "expected to adhere to the University’s expectations of good citizenship and to abide by its standards for academic integrity." The website contains statements on Academic Integrity and Study Conduct and provides a link to the University of Chicago Student Manual, which contains a section on "Academic Honesty & Plagiarism," with which you should familiarize yourself. Readings I have recommended the purchase of David Johnston, Roman Law in Context (Cambridge: Cambridge University Press, 1999). Johnston also edited an excellent Cambridge Companion to Roman Law (published 2015), and I collaborated with two colleagues in editing an Oxford Handbook of Roman Law and Society (published 2016). The essays in these latter two volumes are consistently good, and both books are available through the library website. All other readings for the course will made available via Canvas or the Library's website. Calendar Week 1 Introduction 7 April Aims, themes, key concepts 9 April Sources of law; corpora, ancient and modern Johnston 1999, chapters 1-2 or Mantovani, "More than Codes" (OHRLS chapt. 3) Recommended: Galsterer 1996 Week 2 Roman histories of law 14 April Selections from Gaius on the Twelve Tables and Pomponius, Handbook: Dig. 1.2.1 and 1.2.pr.-34 (Canvas) 3 Gellius Attic Nights 20.1 (Canvas) 16 April Two classical memories of archaic law: declarations of war and the legis actio in rem sacramento, "the legal action for a thing by means of oath" Selections from Livy on the fetial priests and Gellius on archaic procedure (Gellius 20.10) (Canvas) Gaius Inst. 4.1-25 (Canvas) Servius on Aeneid 9.52 (Canvas) Week 3 Legal institutions; the language of law Sherwin-White, Journal of Roman Studies 72 (1982) 13-31 (JSTOR) Optional: Schweber pp. 16-45, 197-259 Optional: Daube, Forms, chapters 1-3 21 April The law on magisterial malfeasance (Roman Statutes no. 1) (Canvas) 23 April Judiciary laws: ARS nos. 102 and 103 (Canvas) Week 4-5 The formulary system Johnston 1999, chapter 6 (Canvas) Metzger, "An Outline of Roman Civil Procedure," Roman Legal Tradition 9 (2013) 1-30 (here) (This text is reproduced with slight changes in Johnston, ed., The Cambridge Companion to Roman Law.) Optional: Metzger 1997 28 April Gaius Inst. 4.1-30 (Canvas) 30 April Gaius Inst. 4.30-68s (Canvas) 5 May J.S. Richardson "The Tabula Contrebiensis: Roman law in Spain in the early first century B.C." Journal of Roman Studies 73 (1983), 33-41 (JSTOR) Optional: Birks, P., A. Rodger and J. S. Richardson. 1984. "Further aspects of the Tabula Contrebiensis." Journal of Roman Studies 74, 45-73 (JSTOR) 7 May Midterm Week 6 The law of persons Tristan Taylor, "Social status, legal status, and legal privilege" (OHRLS chapt. 27) Andrew Lewis, "Slavery, Family and Status" (Johnston 2015, chapt. 9) 4 Optional: Johnston 1999, chapter 3 12 May Gaius Inst. 1.1-47 (Canvas) Optional: Richard Gamauf, "Slavery" and Henrik Mouritsen, "Manumission" (OHRLS chapts. 30-31) 14 May Gaius Inst. 1.48-193 (Canvas) Optional: Suzanne Dixon, "Family," Jakub Urbanik, "Husband and Wife," and Ville Vuolanto, "Child and Parent in Roman Law" (OHRLS chapts. 35, 36, 37) Week 7 Law in Roman municipalities Saskia Roselaar, "Local administration" (OHRLS chapt. 10) Optional: Galsterer 1988 (JSTOR) 19 May The Flavian Municipal Law = González 1986, pp. 147-150, 182-199 required (JSTOR) 21 May The Flavian Municipal Law = González 1986, pp. 147-150, 182-199 required (JSTOR) Week 8 Petitions 26 May Hauken 1998, nos. 1 and 5, esp. pp. 1-6, 11-16, 74-76, 95-98 (Canvas) Connolly, Lives Behind the Laws, chapter 4 (Canvas) 28 May The Seleukos dossier and Euphrates papyri (Canvas) Week 9 Proceedings 2 June A boundary dispute in Sardinia: the hearing before Helvius Agrippa (ARS no. 181, on Canvas) A third-century hearing on responsibility for road maintenance, translated in Levick, The Government of the Roman Empire (2nd. edition), pp. 63-64 (Canvas) Optional: Frend 1956 Final exam Bibliography 5 ARS = Ancient Roman statutes: a translation. Austin: University of Texas Press, 1961. (Available electronically through the library.) Berger, Adolf. 1953. Encyclopedic dictionary of Roman law. Philadelphia: American Philosophical Society. (JSTOR) Bryen, Ari Z. 2013. Violence in Roman Egypt. A study in legal interpretation. Philadelphia: University of Pennsylvania Press. Buckland, W.W. 1966. A text-book of Roman law from Augustus to Justinian. Cambridge: Cambridge University Press. Conley, John M. and William M. O'Barr.1990. Rules versus relationships. The ethnography of legal discourse. Chicago: University of Chicago Press. Connolly, Serena. 2010. Lives behind the laws. The world of the Codex Hermogenianus. Bloomington: Indiana University Press. Cover, Robert. 1993. Narrative, violence and the law. The essays of Robert Cover. Edited by Martha Minow, Michael Ryan and Austin Sarat. Ann Arbor: The University of Michigan Press. Crook, J.A. 1994. "The development of Roman private law." J.A. Crook, A. Lintott, and E. Rawson, eds. 1994. The Cambridge Ancient History. Volume 9: The last age of the Roman Republic, 146-43 B.C. Cambridge: Cambridge University Press. 531- 563. Daube, David. 1956. Forms of Roman legislation. Oxford: Clarendon Press. Daube, David. 1969. Roman law: linguistic, social and philosophical aspects. Edinburgh: Edinburgh University Press. Edlin, Douglas E., ed. 2007. Common law theory. Cambridge: Cambridge University Press. Frend, W. H. C. 1956. "A third-century inscription relating to Angareia in Phrygia." Journal of Roman Studies 46: 46-56 (JSTOR) Frier, Bruce. 1985. The rise of the Roman jurists: studies in Cicero's Pro Caecina. Princeton: Princeton University Press. Gaius, Inst. = de Zulueta, Francis, ed. 1946-1953. The Institutes of Gaius. Oxford: Clarendon Press. Galsterer, H. 1988. "Municipium Flavium Irnitanum: a Latin town in Spain." JRS 78: 78- 90. Galsterer, H. 1996. "The administration of justice." A.K. Bowman, E. Champlin and A. Lintott, eds. 1996. The Cambridge Ancient History. Volume 10: The Augustan Empire, 43 B.C. - A.D. 69. Cambridge: Cambridge University Press. 397-413. Hauken, T. 1998. Petition and response. An epigraphic study of petititons to Roman emperors, 181-249. Bergen: The Norwegian Institute at Athens. Johnston, David. 1999. Roman law in context. Cambridge: Cambridge University Press. Johnston, David, ed. 2015. The Cambridge Companion to Roman Law. Cambridge: Cambridge University Press. (Available through the library.) Jolowicz, H.F. and Barry Nicholas. 1972. Historical introduction to the study of Roman law. Cambridge: Cambridge University Press. Keenan, James G. J.G. Manning and Uri Yiftach-Firanko, eds. 2014. Law and Legal Practice in Egypt from Alexander to the Arab Conquest. A Selection of Papyrological Sources in Translation, with Introductions and Commentary. Cambridge, New York: Cambridge University Press. 6 Metzger, Ernest. 1997. A new outline of the Roman civil trial. Oxford: Clarendon Press. Metzger, Ernest, ed. 1998. A companion to Justinian's Institutes. Ithaca, N.Y. : Cornell University Press. Metzger, Ernest. 2005. Litigation in Roman law . New York: Oxford University Press. Nicholas, Barry. 1975. An introduction to Roman law. Oxford: Clarendon Press. OHRLS = Paul du Plessis, Clifford Ando and Kaius Tuori. 2016. The Oxford Handbook of Roman Law and Society. Oxford: Oxford University Press. Schweber, Howard H. 2007. The language of liberal constitutionalism. Cambridge: Cambridge University Press. Stein, Peter. 1999. Roman law in European history. Cambridge: Cambridge University Press. Watson, Alan. 1971. Roman private law around 200 B.C. Edinburgh: Edinburgh University Press. Watson, Alan. 1974. Law making in the later Roman Republic. Oxford: Clarendon Press.
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