CLAS C308 Roman Law
SYLLABUS
C. J. Bannon
Fall 2012
Professor Cynthia J. Bannon
Office: Ballantine Hall 554
Mailbox: Ballantine 547
Office Hours: Monday 2-3:45 and by appointment
Phone: 855-6868 (direct), 855-6651 (message)
email: cbannon@indiana.edu
Section 30237 and Honors Section 30238
Oncourse Combined Course FA12 BL CLAS C308 C43011
Both sections meet together TR 11:15A-12:30P at Ballantine Hall 209
Purpose of Course
This course introduces the Roman legal system, and more generally the practice of legal thinking. In
connection with Themester "Good Behavior, Bad Behavior," we will investigate how effectively Roman
law encouraged "good" behavior and discouraged "bad" behavior. More broadly, the class examines how
the Romans' legal system was informed by their ideas about "good" and "bad" behavior in ethical,
emotional, and economic terms. In this class, students learn about Roman law and practice legal
reasoning by studying theft and delict (wrongful damage to private property--roughly equivalent to the
modern law of torts). These areas of law offer wide scope for both "good" and "bad" behavior because
they involve personal responsibility, social morality, and economic interest. For example, it can't be
good when my neighbor demolishes part of my house, and yet in some circumstances Roman law
allowed or even endorsed this "bad" behavior. Or when a doctor makes a mistake in surgery, the law
might not consider this "bad" though of course the patient could feel otherwise. Or when several people
steal something together, they might not all get the same penalty. Cases like these are studied using the
case book method, in-depth oral and written analysis, along with an overview of Roman law. Written
work includes quizzes, short essays, and a long paper.
Textbooks
B. W. Frier. A Casebook on the Roman Law of Delict. Atlanta, Ga.: Scholar’s Press, 1989. ISBN 1555402674
A. M Riggsby. Roman Law and the Legal World of the Romans. Cambridge: Cambridge University Press, 2010.
ISBN 9870521687119
D. S. Romantz and K. E. Vinson. Legal Analysis. The Fundamental Skill. 2nd Ed. Durham: Carolina Academic
Press, 2009.
Requirements and Grading
Papers (5 short)
Quizzes (5)
Long Paper
Class Participation
Honors Section
30%
30%
20%
20%
20%
20%
20%
20%
Research Paper 20%
CLAS C308 Roman Law
SYLLABUS
C. J. Bannon
Fall 2012
Course Policies and Expectations
Attendance and Participation.
Attendance will be taken at the start of the hour; late arrivals will not count towards the participation grade.
Satisfactory participation requires that are you are prepared to discuss the cases and/or readings for the day and
that you participate on most days. It is OK to “pass” now and then, but too many passes will adversely affect your
participation grade.
Your participation will be evaluated on an on-going basis and will be recorded officially at least five times
during the semester. You may consult with your instructor at any time for feedback on your participation and
for suggestions on improving it. The following criteria will be used for evaluating class participation:
A
well prepared for class and takes part in all activities, asks questions, answers questions about the cases
accurately and effectively, knows the assigned material in the textbooks, brings all books and
materials, stays on task and achieves object of lesson, shares ideas with classmates and brings a
positive attitude to learning.
B
well prepared for class and takes part in all activities, asks questions, answers questions abaou tthe
cases with few errors, knows most o fthe assigned material in the textbooks, brings all books and
materials, stays on task and achieves object of lesson, shares ideas with classmates and brings a
positive attitude to learning.
C
somewhat prepared for class, participates in most activities, asks few questions, answers questions
about the cases with more than a few errors, usually brings all books and materials, sometimes stays on
task and achieves object of lesson, is reluctant to share ideas with classmates and is not always positive
about learning.
D
not usually prepared for class, participates in few activities, does not ask questions, answers questions
about the cases seldom or with many errors, does not regularly brings all books and materials, fails to
stay on task or achieve object of lesson, does not share ideas with classmates and is rarely positive
about learning.
Note: the use of electronic devices, such as, cell phones, ipods, ipads, laptops, is strictly prohibited during
class. Also prohibited are eating, texting, working on your calendar, or doing crossword puzzles or sudoku.
Closed-top beverages are allowed.
Preparing for Class
You should read all assigned cases and pages before class on the day that they appear on the schedule of
assignments.
For the legal cases, you should also work through the discussion questions in Frier, writing out your answers as
well as any questions that you have. Try to formulate the rule/s in each case in the "if/then" formula, and make
a list of cases to compare for each new case.
Study questions on Riggsby and Romantz & Vinson are due at the start of class on the chapters are assigned.
They may be typed or neatly hand-written. For most chapters, there is a list of names and key terms that you
should use in your answers. You should also know their meaning and why they are significant for Roman law.
You are encouraged to keep a notebook with all your class preparation. A good notebook can help you to
participate in discussion and, just as important, a good notebook will help you to write better papers for this
class because it collects the information you need and gives you an opportunity to try out your arguments as
you study the cases. In this way, writing up the formal papers is already revising, a second look at
interpretation of the cases and issues that shaped the law.
CLAS C308 Roman Law
SYLLABUS
C. J. Bannon
Fall 2012
Written work
Quizzes will cover the material in Riggsby, Roman Law and the Legal World of the Romans and in Romantz and
Vinson. Legal Analysis. In general, the study questions are designed to prepare you for the quizzes.
The short papers (500 words) will require thorough analysis of a single legal cases (except the last one). In these
papers you will demonstrate your knowledge of Roman law as well as your ability to reason like a lawyer. To
support your intepretation of the case, you must quote from the cases but you should not use any secondary
sources, no outside research and not even Frier’s discussion of the cases. Assignments will be forthcoming.
The Long Paper asks you to demonstrate an overall understanding of liabiliyt under the lex Aquilia by applying it
to a modern fact pattern. Your analysis of the modern case must be both broad (covering all aspects of Aquilian
liability) and deep (examining each aspect from more than one perspective. Again, you must quote from the cases
but you should not use any secondary sources, no outside research and not even Frier’s discussion of the cases.
Assignments will be forthcoming.
In general, grading of both quizzes and papers will depend on accuracy in stating Roman law, quality and clarity of
presentation, thoroughness and consistency in handling legal argument, and originality. I also require good English
prose style, including correct word usage, grammar, spelling, and punctuation. Rubrics will be available in
advance.
Due Dates and Missing Class
Except by prior arrangement, all written work must be submitted on the due date indicated in the syllabus and
quizzes must be taken in class on the date indicated on the syllabus. Missed quizzes may be made up only in case
of emergency, as determined by the professor. (Car trouble, oversleeping, losing your notes, and forgetfulness, for
instance, are not emergencies.) A note that simply documents a visit to the doctor or the campus health service is
NOT sufficient (http://www.indiana.edu/~college/ado/policies.shtml). When a paper is handed in late without
documentation, a late penalty of one-half a grade (or 3 points) per day will be assessed. If something unexpected
happens, please get in touch with me promptly. If you plan to miss a quiz or assignment deadline because you will
be an official representative of the university at a university-sponsored event, or because of a religious obligation
on the due date or quiz day, please follow university policy (http://www.indiana.edu/~deanfac/holidays.html):
notify the professor in writing by the end of the second week of the course, and be prepared to take the exam or
turn in the assignment at an earlier date than scheduled. Failure to turn in the long paper and/or the final paper may
result in a failing grade for the course.
Cooperative Learning and Academic Honesty.
You are encouraged to study and prepare for class with other students enrolled in this class. Written work,
quizzes, and papers must be your own work. Plagiarism means using other people’s ideas, words, or images
without properly giving credit to your sources, inclucing insufficient documentation. When you turn in work
with your name affixed to it, all the words and ideas in it should be your own unless you have documented the
fact and the source of your borrowings with quotations and/or citations. Plagiarism will result in a zero for the
assignment and/or a grade of F for the course. More than one instance of plagiarism will result in a grade of F
for the whole course. All cheating and plagiarism will be reported to the Dean of Students, in accordance with
the procedures outlined in the Code of Student Rights, Responsibilities, and Conduct
(http://dsa.indiana.edu/Code/). Nothing that you could possibly gain by plagiarizing is worth the penalty of
failing this class.
CLAS C308 Roman Law
SYLLABUS
C. J. Bannon
Fall 2012
Assignment Schedule
N. B. All “Cases” come from Frier, A Casebook on the Roman Law of Delict.
Be sure to read the introductions to the chapters and sections in the Casebook—they are very helpful!
Week 1
8/21
Introductions
8/23
Cases 1-3
Riggsby, Ch. 1 and 2
Week 2 Lex Aquilia (Wrongful Loss)
8/25
Cases 3-7
Riggsby, Chs. 3 and 4
8/30
Cases 8-9
Quiz # 1
Week 3 Lex Aquilia (Wrongful Loss)
9/4
Cases 10-14
Riggsby, Chs. 5, 11, and 14 (pp. 146-50 only)
9/6
Short Paper #1
Week 4 Lex Aquilia (Wrongful Loss)
9/11
Cases 15-18
Riggsby, chs. 8 and 10
9/13
Case 19
Quiz #2
Week 5 Lex Aquilia (Wrongful Loss)
9/18
Cases 20-25
Riggsby, ch. 12
9/20
Short Paper # 2
Week 6 Lex Aquilia (Wrongful Loss)
9/25
Cases 26-30
Romantz and Vinson, Ch. 1 "The Foundations of Legal Analysis" pp. 1-8, and Ch. 2 "Rules" pp. 21-36
9/27
Cases 31-35
Quiz # 3
Week 7 Lex Aquilia (Wrongful Loss)
10/2
Cases 36-42
10/4
Short Paper # 3
Week 8 Lex Aquilia (Wrongful Loss)
10/9
Cases 43-48
Romantz and Vinson, Ch. 3 "Inductive Analysis and Analogical Reasoning," p. 37-60
10/11
Cases 49-52
Quiz # 4
CLAS C308 Roman Law
SYLLABUS
C. J. Bannon
Fall 2012
Fall Break 10/12-14
Week 9 Lex Aquilia (Wrongful Loss)
10/16
Cases 53-57
Romantz and Vinson, Ch. 4 "Dedeuctive Analysis and Rule-based Reasoning," pp. 65-81
10/18
Short Paper # 4
Week 10 Lex Aquilia (Wrongful Loss)
10/23
Cases 58-71
Romantz and Vinson, Ch.6 "Policy-based Reasoning and Other Considerations," pp. 101-114
10/25
Thesis and Outline of Long Paper Due
Week 11 Lex Aquilia (Wrongful Loss)
10/30
Cases 72, 80, 83, 84, 85, 88 89
11/1
Long Paper Due in Class
Week 12 Theft
11/6
Cases 105-109
11/8
Riggsby, ch. 13
Week 13 Theft
11/13
Cases 110-115
11/15
Riggsby, ch. 7
11/18-25
Thanksgiving break
Week 14 Theft
11/27
Cases 116-120
Riggsby, ch. 19
11/29
Quiz # 5
Week 15 Theft
12/4
Cases 121-26
12/6
Riggsby, ch. 21
Short Paper # 5 due Tues., December 11, 12 to my mailbox at Ballantine Hall 547.