History / Classics 210 --- History of Ancient Law
Instructor: Paul Lavigne
Office: STJ 1026
Office Hours: Monday 5:00-6:00
Extension: 28207
E-mail: paul_lavigne@hotmail.com
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Classroom: 3014
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The first part of this course will focus on the law of the Ancient Near East,
specifically the Law of Hammurabi (LH), considered the most complete statement of the
common legal wisdom of the ancient world; the Middle Assyrian Laws (Tablet A)
(MAL) and Hebrew laws as contained in the Books of Exodus and Deuteronomy which
reflect particular responses to historic and cultural circumstances.
The second half of the course will focus on the law of Rome and its development,
beginning with the XII Tables, continuing through the Classical period as evidenced in
the opinions of the great jurists contained in the Digest and ending with an examination
of Book IX Titles 1 – 40 of the Code of Theodosius, a fifth century compilation, and the
Roman law of Divorce in the Code of Justinian from the sixth century.
Throughout the course, our particular, though not exclusive, focus will be on
family and criminal law and procedure.
Text: Courseware package for History 210 available at the Bookstore.
Evaluation:
Test – Oct.21 40%
Test-- Nov.25 40%
Research Essay – 5-7 pages 20%
A list of essay topics is included in this syllabus. The paper will be graded on the clarity
of presentation, which includes argumentation, grammar and spelling as well as effective
research including the use of the legal sources and other secondary sources. Information
on the various style manuals is available in the library to acquaint you with the various
forms of references that may be used. The essay is due on November 18 if you want a
detailed marking with comments. If you do not require a detailed marking, or comments
but wish to get it back, the essay must be handed in on November 25. December 2 is the
final date when essays will be accepted without penalty. After that date, 5 marks will be
deducted for each day that the essay is late. If you wish to get your essay returned, please
provide a large, self addressed stamped envelope.
Please refer to the Faculty of Arts policy on Academic offences, including
plagiarism, at the end of this outline.
To assist in the preparation of the essay, the following resource material is
available in the St. Jerome’s University library, either on reserve or reference.
For the Ancient Near East:
Baker J. Women’s Rights in Old Testament Times
Driver and Miles The Babylonian Laws Vol.1 – commentary
Gordon C. Hammurabi’s Code – a simple commentary
Matthews V. Gender and Law in the Hebrew Bible and the Ancient Near East
Meek T. The Middle Assyrian Laws (photocopy) also available at WLU
Noth Exodus
Noth Leviticus
Patrick D. Old Testament Law
Pressler C. The View of Women in Deuteronomy
Streete G. The Strange Woman: Gender and Power in the Old Testament
Von Rad Deuteronomy
For Rome:
Berger Encyclopedic Dictionary of Roman Law ( reference section )
Crook Law and Life in Ancient Rome
Gardner J. Women in Roman Law and Society
Family and Familia in Roman Law and Life
Justinian The Digest of Roman Law
Reynolds Marriage in the Western Church
Scott The Civil Law Vol. 1 “The Twelve Tables”
Pharr The Theodosian Code
Treggiari S. Roman Marriage
Justinian The Digest ed. Mommsen-Kreuger-Watson, vol.1-4
The Code Book IX
Scott The Civil Law vol.6 end and vol.7 beginning.
Lecture Topics and Readings
September 9:
Introduction; the legal sources and traditions – Mesopotamian and
Hebrew.
Origins and Kinds of Law
Readings: Exodus (Ex) 20:2-17 pp. 1-2 ; 22:!8-20 p.4
Laws of Hammurabi (LH) prologue p.12 Epilogue pp. 23-24
“The Institutes” p.37
Procedures: Oaths and Ordeals
Readings: Ex.22:8 p.4 Dt. 19:15-21 p.4 25:1-3 p.9
LH 1-2 p.12 127-132 p.16-17
Middle Assyrian Law (MAL) 17 p.26
September 16: Commerce and Debt
Readings: Dt. 24:6, 10 and 14-15 p.8 13-16 p.9
LH 42-48 p.14 93-110 p.14-15 151-152 p.19
Slavery and Servitude
Readings: Ex 21:2-11; Dt.23:15-16 p.7
LH 15-17 p.13; 115-119 p.16; 226-227 p.22; 278-82 p.22-23
September 23: Offences against Persons – Assaults and Homicide
Readings: Ex 21:12-30 p2-3; Dt.21:5-7 p.4-5; 1-2 p.6-7; 25:11-12 p.9
Numbers 35:9-33 p.10-11
LH 1 p.12; 153 p.19; 195-222 p.20-22; 229-230 p.22
MAL 7-12 p26-27; 50-52 p.31
September 30: Theft and Fraud
Readings: Ex 22:1-8; Dt 23:24-25 p.7; 24:7-22 p.8; 25:13-16 p.9
LH 6-15; 21-25;36-39
MAL 1-5
October 7:
Family Law
Readings: LH 128;129-37;138-140; 141-58;159-64; 167-93
Ex 22:16-17; Dt 21:10-21; 22:5; 13-30; 24:1-4; 25:5-10
MAL 13-46
October 21:
TEST
October 28:
Sources of Roman Law
Law of Actions—Early Principles and Procedures
Readings: XII Tables – Table 1; II; III;IX
Developments in the Law of Actions (procedures)
Readings: Theodosian Code (CT) Titles 1,3,34-35,39
November 4:
Early Roman Law of Property and Persons
Readings: XII Tables IV,V,VI, VII, X
Family Law --- Marriage
Readings: Digest Bk.23 Title 1 “Betrothals”
Title 2 “Formation of Marriage”
CT Bk.3 Titles 7-8
Bk.9 Titles 7-9; 24-25
Roman Law on Divorce
Readings: Constitutions of Justinian p.44-49
November 11:
Torts and Delicts: Early Roman Law
Readings: XII Tables Table VIII
Digest Bk. 9 Title 2 on the Lex Aqulia
Digest Bk. 47 Title 2 on Theft
November 18:
Torts and Delicts: Robbery and Insult
Readings: Digest Bk.47 Title 8 On Robbery and Disorderly Conduct
Digest Bk. 47 Title 10 On Insult and Libel
Circumstances affecting Crime and Punishment
Readings: Digest Bk.48 On Punishments
CT Titles 4-18 (excluding 7-9 ); 20-40 (excluding 34-35;39 )
First date for Essay.
November 25:
December 2:
TEST
Final date for Submission of Essay
Possible Essay Topics for History 210
The Marriage contract in Ancient Law
The bride price as pledge and norm of payment
Slave marriage in Ancient Law
Proofs at law in the ancient world
The law of contract in Hammurabi
Wage and price law in Hammurabi
Commerce and trade in ancient law
Principles of punishment in ancient law
Methods and types of punishment in ancient law
The position of the wife in Hebrew Law
The position of the daughter in Hebrew law
Prostitution and the law of the ancient world
Adultery and the law in the ancient world
Concubinage and the law in the ancient world
Rights and duties of husbands in ancient law
Rights and duties of wives in Hammurabic law
Marital consent in ancient law
The dowry in the law of Hammurabi
“Abomination” as a legal term in Hebrew Law
Legislating morality in ancient law
Note; Unless specifically stated, for all of the above, you may focus on one of the three
collections: Hebrew, Babylonian, Assyrian as the topic permits.
The Cornelian law on murderers and poisoners
Criminal negligence in Roman law
Principles of punishments in Roman law
Methods and types of punishments in Roman law
The penalty of relegation and deportation
The penalty of infamy in Roman law
Roman law and the use of torture
Criminal procedure in Roman law
Military law (D 49.16 )
Prisoners of war in Roman law (D 49.15 )
Marital consent in Roman law
Force and fear as legal defences
Ignorance as a defence in Roman law
Power of the Father in Roman law
Rights and duties of husbands in Roman law
Position of the wife in Roman law
Position of children in Roman law
Rape in Roman law
Roman probate law—the law of wills
The inofficious will
Prenuptial agreements in Roman law ( D 23.4 )
The law of gift giving between husband and wife in Roman law
The dowry in Roman law ( D 23.3 )
Morality and the law in Rome
Prostitution and the law in Rome
The crime of adultery in Rome
The position of the concubine in Roman law
The Roman law of treason
New crimes for new times --- Heresy, Apostasy, and magic
Monetary regulations in Roman law
Academic Integrity:
Academic Integrity: In order to maintain a culture of academic integrity, members of the
University of Waterloo and its Federated University and Affiliated Colleges are expected
to promote honesty, trust, fairness, respect and responsibility.
Discipline: All students registered in courses at St. Jerome’s University are expected to
know what constitutes academic integrity, to avoid committing academic offences, and to
take responsibility for their actions. A student who is unsure whether an action
constitutes an offence, or who needs help in learning how to avoid offences (e.g.,
plagiarism, cheating) or about “rules” for group work/collaboration should seek guidance
from the course professor, academic advisor, or the Associate Dean. When misconduct
has been found to have occurred, disciplinary penalties will be imposed following St.
Jerome’s University Academic Discipline Procedure and UW Policy 71 – Student Discipline.
For information on categories of offenses and types of penalties, students should refer to
Policy 71 - Student Discipline, www.adm.uwaterloo.ca/infosec/Policies/policy71.htm.
Grievance: A student who believes that a decision affecting some aspect of his/her
university life has been unfair or unreasonable may have grounds for initiating a
grievance. In such a case, contact the St. Jerome’s University Grievance Officer. Read St.
Jerome’s University Handbook, Section 4, item 8,
www.sju.ca/faculty/SJU_handbook/grievance_policy.html.
Appeals: A student may appeal the finding and/or penalty in a decision made under St.
Jerome’s University Academic Discipline Procedure or Grievance Policy if a ground for an
appeal can be established. In such a case, contact the St. Jerome’s University Appeals
Officer. Read St. Jerome’s University Handbook, Section 6.4,
www.sju.ca/faculty/SJU_handbook/examinations_grades_standings_and_appeals.html.
Academic Integrity website (Arts):
http://arts.uwaterloo.ca/arts/ugrad/academic_responsibility.html
Academic Integrity Office (UW): http://uwaterloo.ca/academicintegrity/
Accommodation for Students with Disabilities:
Note for students with disabilities: The Office for Persons with Disabilities (OPD), located
in Needles Hall, Room 1132, collaborates with all academic departments to arrange
appropriate accommodations for students with disabilities without compromising the
academic integrity of the curriculum. If you require academic accommodations to lessen
the impact of your disability, please register with the OPD at the beginning of each
academic term.