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Western Legal Tradition
Professor Golash
Spring 1996
Class Hours: MTh 11:20-12:35
Office: Ward 219A
Office Hours: MTh 4:50-6:05
pm; Tues 8-9 pm; Wed 9:30-12 am
Phone: 885-2955 (Call anytime;
you can leave a message if I am not in)
Teaching Assistant: Laurie Strayer
Materials
Required:
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Course Packet - available at Campus Store
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Roberts, Penguin History of the World
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Aeschylus, Oresteia
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Bolt, A Man for All Seasons
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Plato, Trial and Death of Socrates G.M.A. Grube, trans. (Hackett Pub.)
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Plato, Gorgias, Donald Zeyl, trans. (Hackett Pub.)
Recommended: Anouilh, Becket
Course Description
Content
This course will trace the historical roots of the Anglo-American legal
system and its philosophical foundations. Areas covered include the relation
between church and state, criminal law and punishment, property law, and
the foundations of government authority.
Skills
This course is designed not only to teach you the ideas of others but
also
to help you develop and present your own ideas. Class discussions will
help you to articulate your thoughts on issues presented in the reading
and to anticipate objections. The writing assignments are designed to help
you learn to formulate your arguments clearly and concisely. Making the
effort to state your meaning precisely in writing will help you in thinking
through your arguments.
General Education Credit
The Western Legal Tradition is one of ten foundation courses in Curricular
Area II, Traditions that Shape the Western World, in the General Education
Program. This course is the first of a two-course sequence. Any of the
following courses will complete the sequence [click on the course name
to see the course description]:
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29.205 America's
Quests: The US to 1865
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34.205 Ancient
and Medieval Jewish Civ.
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60.220 Moral
Philosophy
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65.215 Rise
of Critical Social Thought
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73.220 Cities
and Crime
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73.225 American
Legal Culture
Requirements
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All students are expected to attend class regularly and to be prepared
to discuss the reading. There will be several unannounced quizzes on the
reading; these quizzes will be based on the reading guides distributed
in class.
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There will be three short paper assignments. You may revise either or both
of the first two paper assignments in response to comments; your
paper will then be regraded and the new grade will replace the original
grade.
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There will be a midterm and a final exam. Study sheets will be provided
for each test.
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Papers must be submitted on the dates specified on the syllabus.
Papers (including revised papers) submitted outside class, or at a later
date, will not be graded. It is your responsibility to make sure that your
computer does not eat your paper.
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Tests must be taken on the scheduled dates. No make-up tests will
be given. In case of documented illness, the student will be entirely excused
from the test and the final grade will be computed from the remaining assignments.
Grading
Papers - Each 15%
Midterm - 15%
Quizzes - 15% (total)
Class participation - 10%
Final exam - 15%
Standards: Grading standards are in part subjective and excellence in
one area may compensate for deficiencies in another. The following will
give you a general guide as to the typical performance associated with
each letter grade.
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A: all course requirements met, work shows full understanding of course
material and an original perspective on the subject
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B: all course requirements met, work shows full understanding of course
material (or satisfactory understanding of course material and an original
perspective on the subject)
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C: all course requirements met, work shows satisfactory understanding of
course material
-
D: work fails to meet minimum course requirements, either in full and timely
completion of requirements or in satisfactory understanding of course material
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F: work falls far below minimum course requirements either in full and
timely completion of requirements or in satisfactory understanding of course
material.
COURSE TOPICS AND WEB LINKS
Introduction
I. Church and State
A. Law and Religion in Antiquity
Egypt
Mesopotamia
Ancient Hebrews
B. The Romans and Early Christianity
C. The Holy Roman Empire and Early Feudalism
D. Later Feudalism and Church-State Conflict
E. Protestant Reformation
II. Criminal law and procedure
A. Ancient law
B. The Greeks
C. The Romans
D. The Saxons
E. Emergence of Modern Law
III. Property Law
IV. State Power and the Rule of Law
A. Early Theories of the State
B. King and Parliament
C. Social Contract Theory
SCHEDULE AND READINGS
Any changes to the schedule will be announced in class and posted on
my office door.
Introduction
Th 1/18
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Levinson, On Interpretation: The Adultery Clause of the Ten Commandments
I. Church & State
A. Law and religion in antiquity
M 1/22
Course packet:
Egypt:
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Aldred, The Egyptians, pp. 5-22
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The Loyalist Instruction from the Sehetepibre Stela, pp. 23-24
Mesopotamia:
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Prologue to the Code of Hammurabi, pp. 25-26
History of the World:
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64-84 (Egypt)
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48-63 (Mesopotamia)
Th 1/25
Course packet:
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Ancient Hebrews:
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Exodus chapters 19, 23, 31, pp. 39-40, 42-43
History of the World
B. The Romans and Early Christianity
M 1/29
History of the World
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219-235 (Roman expansion)
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245-250 (Roman religion)
Course packet:
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Cicero - De Legibus, pp. 44-63
Th 2/1
History of the World
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251-265 (Judaism & Christianity)
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266-289 (fall of Empire; Augustine)
Course packet:
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Augustine, Letters, pp. 64-75
C. The Holy Roman Empire and Early Feudalism
M 2/5
History of the World,
Course packet:
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Institutes of Justinian, Preamble, Book I, I&II, pp. 76-78
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Laws of Alfred, pp. 92-96
D. Later Feudalism and Church-State Conflict
Th 2/8
Course packet:
PAPER
#1 DUE
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Constitutions of Clarendon, pp. 97-98
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Murder of Thomas Becket, p. 99
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Saladin Tithe, p. 100
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Aquinas, Summa Theologica, pp.102-105
History of the World
E. Protestant Reformation
M 2/12
History of the World
Course packet
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Luther, 95 Theses, pp. 106-107
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Peasants' Revolt, pp. 110-112
Th 2/15
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Bolt, A Man for All Seasons
Course packet:
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Act of Supremacy of Henry VIII, p. 112
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Treasons Act of Henry VIII, p. 113
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U.S. Constitution, Amendment I, p. 196
M 2/19 - MIDTERM
II. Criminal law and procedure
A. Ancient law
Th 2/22
Course packet:
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Book of the Dead, pp. 115-118
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Code of Hammurabi, pp. 26-38
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Exodus, pp. 39-43
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Numbers, Leviticus, pp. 119-124
B. The Greeks
M 2/26
Course packet:
In The Oresteia:
History of the World
Th 2/29
In Trial and Death of Socrates
M 3/4
In Trial and Death of Socrates
Th 3/7
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Plato, Gorgias, pp. 27-50
SPRING BREAK
Dates corrected as of 3/23 after this point.
C. The Romans
M 3/25 - Th 3/28
Course packet:
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Laws of the 12 Tables - Tables I-IV, VII, pp. 127-137
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Institutes of Justinian - Book IV, Obli gations Arising from Wrongs, pp.
86-89
D. The Saxons
M 4/1
Course packet:
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Laws of Aethelberht, pp. 138-141
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Laws of Aethelstan, p. 141
E. Emergence of Modern Law
Th 4/4
Course packet:
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Assize of Clarendon, pp. 142-143
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Bushell's Case, pp. 144-147
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U.S. Constitution, Amendment VIII, p. 196
III. Property
M 4/8
Course packet:
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12 tables - Tables V, VI, VIII-XII, pp. 127-137
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Institutes of Justinian - Book II - Of Things, pp. 78-86
Th 4/11
Course packet:
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Preface to Estates in Land & Future Interests, pp. 148-158
M 4/15
Course packet:
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Locke - Ch. V, pp. 183-188
IV. State Power and the Rule of Law
A. Early Theories of the State
Th 4/18
Readings
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Review: Prologue to the Code of Hammurabi
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Crito
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Aquinas
B. King & Parliament
M 4/22
Course packet:
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Assize of the Forest, pp. 159-160
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Magna Carta, pp. 161-166
C. Social Contract Theory
Th 4/25
Course packet
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Hobbes, pp. 167-176
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English Bill of Rights, pp. 176-180
M 4/29
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Locke, ch. 1, 8, 9, pp. 180-183, 188-195
FINAL EXAM
For a little light relief while studying...see Toxic
History
of the World.
students
have visited this page.
Comments or suggestions? E-mail me at
dgolash@american.edu.
Illustrations
from the Book of the Dead
