COURSE: CRIME AND PUNISHMENT IN ANCIENT ROME

Transcripción

COURSE: CRIME AND PUNISHMENT IN ANCIENT ROME. APPROACHING TO ROMAN CRIMINAL LAW
DEGREE: BACHELOR IN LAW
TERM: 2 ECTS
WEEKLY PLANNING
GROUPS
(mark X)
WEEK SESSION
DESCRIPTION
LECTURES
UNIT 1: INTRODUCTION. SOME PRELIMINARY
NOTIONS
1
1
SESSION 1. Criminal Law, Roman Law and Criminal
Roman Law.
Let us place in space and time: in our first session,
Roman Law main characteristics will be analyzed to
get a better comprehension of what is called
Criminal Roman Law. Not all behaviours regulated by
the current Criminal Law were conceived in the same
way by the Roman rules. The Romans were more
likely to leave the prosecuting of some crimes to
private person through a private proceeding.
Special
room for
session
(computer
classroom,
audio-visual
classroom…
)
WEEKLY PROGRAMMING FOR STUDENT
DESCRIPTION
CLASS HOURS
HOMEWORK
HOURS
(Max. 8h
week)
Reading material: A.Rodríguez, “Notas,
ejercicios y materiales de Derecho penal
romano”, 2013, pp. 18-22 y p. 25.
Discussion at class on the content of the
materials provided.
1,5
Elaboration and writing of conclusions Dracn
from classwork (They must be elaborated in
class, and must be delivered to the teacher
at the end of it).
Página 1 de 4
1
2
SESSION 2. The social, economic and political
organization of Rome and its procedural and
substantive
criminal
Law.
Constitutional
development and History of Criminal procedure: the
“knife handle and blade” of Mommsen.
This lesson will highlight the close relationship
between the social and political organization, the
punishable facts and how to pursue them in a given
historical moment.
UNIT 2. THE CITY AND ITS GODS.
SESSION 3. Roman religión and its relationship with
the Law. The King: political chief, judge and priest.
Magic, sperstition and Law.
2
3
romano”, 2013, pp. 26-32.
at the end of it).
1,5
romano”, 2013, pp. 37-49.
At the earliest times, social life and the way it was
regulated was in close connection with the
relationship between men and their gods. That time
is characterized by the leadership of the magical and
sacred element in the criminal Law. Precisely the
behaviours to suppress are those wich put in danger
the harmonious relationship between men and gods.
1,5
We’ll see some typical crimes illustrative of this
ancient Criminal Law: profanation of holy places and
the punishment of consecratio; betrayal of the
patronus’ trust; familiar duties breach; treason to
roman people.
UNIT 2. THE CITY AND ITS GODS.
2
4
SESSION 4. Roman religión and its relationship with
the Law. The King: political chief, judge and priest.
Magic, sperstition and Law (following).
“Eye for an eye, tooth for a tooth”. Legal retibution,
a mere sign of archaism?
At home:
romano”, 2013, pp. 51-58 (Aulo Gelio’s text)
1,5
At class (exercices):
A.Rodríguez, “Notas, ejercicios y materiales
de Derecho penal romano”, 2013, pp. 49-58.
Página 2 de 4
Certain provisions of the Twelve Tables set as
punishment retaliation for damage caused to the
victim. We’ll see what functions punishment fulfill
here and to what extent this rules are a step forward
in the evolution of criminal Law in comparation with
other peoples and systems of that time.
at the end of it).
UNIT 3. THE CITY AND ITS CITIZEN.
SESSION 5. The Republican system and citizen’s
guarantees. Popular Trials: “the show process”
3
5
In this lesson, most important changes introduced in
Roman Law from the implementation of the
republican system will be analyzed. Citizen
communty takes an important role in the repression
and prosecution of criminal behaviour by
participating in popular assemblies.
In this context, criminal trials have a lot of show and
oratory, and social pressure play a really important
role. We’ll see the most important characteristics of
this kind of criminal processes and some examples of
famous cases by reading some literary texts.
At home:
romano”, 2013, pp. 63-73.
1,5
de Derecho penal romano”, 2013, pp. 81-93.
3
4
6
7
UNIT 3. THE CITY AND ITS CITIZEN.
SESSION 6. The Republican system and citizen’s
guarantees. Popular Trials: “The show process”
(following)
at the end of it).
UNIT 4. CRISIS AND CHANGES.
At home:
SESSION 7. We will see how the changes in Rome
from its huge territorial expansion also affected
criminal criminal Law.
romano”, 2013, pp. 99-122.
1,5
1,5
Página 3 de 4
The exponential growth of the territory form de third
century undermine the proper functioning of the
republican system, wich begins to suffer from serious
ailments, for instance the servere political corruption
and the lack of control of the judges actions.
Guidelines for subsequent analysis of the speech of
indictment of Cicero in the trial against the governor
of Sicily Gayo Verres will be offered.
Discussion at class on the content of the
materials provided.
de Derecho penal romano”, 2013, pp. 122133.
4
1,5
8
UNIT 4. CRISIS AND CHANGES.
SESSION 8. We’ll use new exercices to see what is
stated in the previous session.
5
9
SESSION 9.
ASSESMENT.
GLOBAL
CONCLUSSIONS,
FINAL
at the end of it).
At class:
Oral presentation of any of the topics
discussed in class.
Subtotal
1,5
13,5
Total 1 (Hours of class plus student homework hours between weeks 1 to 5)
TOTAL
50
Página 4 de 4

COURSE: CRIME AND PUNISHMENT IN ANCIENT ROME

Transcripción

Documentos relacionados

Inter-University Chair in Law and the Human Genome

Application Form SDC

A Homage to Louk Hulsman - Societe Internationale de Defense