Love Freedom? Learn The History of Law. IPAK-EDU offers History of Law and Rights - Precis of Lectures - Spring Term
A Detailed Review of the Origins of Modern Views on Justice, Law and Rights from the Dawn of History to the Present
I envisioned this course and search widely for an instructor who was both a legal scholar and a historian. I found Dr. Rob Rigney - and he is EXCELLENT.
We are very proud to offer this in-depth course on the history of law in the West & the US. This course gives you a foundation of solid understanding of how historical events in law influence current events.
This course is a prerequisite for our Constitutional Law, Vaccine Law and Environmental Law courses.
Instructor: Robert M. Rigney
Unit 1 Ancient Law and Governance Law From Babylonia to Pax Romana
The Ancients and Classical Period (4000BC‑476 AD)
Topics and Learning Objectives:
Dawn of Man, Babylonia, Egypt, Greece, Rome
Lecture 1‑Pre‑history to Alexander Greece 323 BC
The development of human society. From the early history of humans and stone‑age society and our making friends with Canines and the importance of our relationship was based on our survival. Progressing from stone tools to bronze and metal workings and developing trade and farming from Babylonia and the introduction of legal codes. Egypt was the first kingdom and created a law, society, and first lawyers. The Minoan Empire and contact to humans and influence of trade. The result of navigation and stargazing, light from the Gods. Greece and Athens and how Gods influence man and society. The first constitutions and the role of rights and people in society. Early philosophers and the influence of Alexander and his conquests.
Lecture 2 Rise of Rome to Pax Romana 493BC‑18AD
The Rise of the Roman Republic and the growth of the Republic. The development of the Senate and its true representative Republic. The creation of the State with law and courts. How Republic over time recognized the Noble classes but addressed the needs of the standard roman. Tradition and culture of Rome into law and society. Rise of Caesar and creation of the Empire. The Roman Constitution and the development of Roman law to deal with additions to Rome and its influence.
Lecture 3 Crisis in the 3 Century and Fall of Rome and Rise of Middle Ages (250AD‑ 565AD)
Rome and the Empire faced the success of its size, creating a problem with public order. The breakdown and pressure and efforts to maintain Rome’s ideas and tradition. Steps to absorbing other groups and cultures within the Empire. Pressure from internal and external forces created a dual empire system on Latin Germanic and the other Latin Hellenic. The Empire survived and fought off collapse till West Falls 476 AD, but the Hellenic lasted another thousand years. The birth of the Middle Ages and Feudalism and Rome law establishing serfdom. Rise of the Catholic Church and its philosophical leaders, Augustin, Thomas Aquinas, and Cecil. The growth of Canon Law and the power of the church and kingdoms of Europe.
Unit 2 Medieval Europe (476AD‑1765AD)
Medieval thinking role of religion. Rise of Monarchy ‑ Investiture. Canon Law
Lecture 4 Charlemagne Rise of Mediaeval Europe and the Magna Carta and Colonization
The development of the Holy Roman Empire (Charlemagne) and the Nation‑State process in Europe. Additionally, it covers the influence of the Catholic Church in the Monarchy system of Europe from 600AD to 1492 (1500). The growth of the church's power in the development of law, from the early lawgivers such as Augustine and empowering the King to develop kingdoms and nation‑states. Moreover, the Crusades and their impact bring back many ideas, goods, and other influences to Western Europe from the Hellenic East. The effect of other events such as the Black Plague and its social implications for European society
Unit 3 Enlightenment and Age of Revolution
Learning Objectives: Colonial Road of Revolution, New Republic, American Revolution, US Constitution, US Government, US Court System, French Revolution
Lecture 5 The 13 Colonies, and the Road to the Revolution, War, a New Nation
The Colonization of North America and the growth of the American Character.
The impact of the British reorganizing its Empire. Impact of new laws and old laws enforced. The new world, new rules, and new ideas. Hobbs and Locke influence the thinking of law and rights in the new world. The war and break with Europe. End of the War and the introduction New Republic based on the old ideas of Athens and Rome. Drafting of the Constitution and reason for the need for the new government.
Lecture 6 Review of the US Government System
Examination of the branches and roles of each. How each has rules drafted in the Constitution to their powers. Examine how the Legislature works, each legislative house's duties, and how each house is elected. And how the President is elected by both a popular and electoral college and the President's role in running the government.
Lecture 7 US Court System and State Courts
Examining the US Duel Courts System, both State and Federal Courts are similar but different. The system of courts in place to deal with various aspects of the US Legal system due to the Union of States and Federal government. The State courts predate the Constitution, but the Federal courts take precedence over the State due to the Constitution's balance of power and supremacy aspect.
Lecture 8 French Revolution and Impact on Legal Thought
The first of the victorious European Revolution, the English Revolution. (1642‑60). Its impact on the European system and American systems of law. The French Revolution and Napoleon and his contributions to legal reform in Europe. His march across Europe and the end of serfdom and medieval institutions. The modernization of Europe, ending of the Holy Roman Empire. Changing of Legal systems from Cannon Roman law to secular law and institution.
Unit 4 Post War 1812 and Napoleonic Wars, Rise of Social Reform and Civil War
War of 1812 and Napoleon Contributions to legal thought, Reformers and Social Change, New court Challenges, Civil War Challenge to Constitution, Early American Courts, History of American Constitution and Challengers, Civil War
Lecture 9 Napoleonic era and post-era.
The Post Revolution and Dawning of the Napoleonic Period was a significant change in the world. The era had legal and governmental changes and science, engineering, and social changes. Society both in North American and Europe changed in this period. The same scholars and philosophers influenced Napoleon contributions to the legal codes of France as the new
American Founding Fathers. His march across European institutions the same reforms.
Lecture 10 Post 1812 War Era and Great Reforms
The Post 1812 Era in American led to many new reform movements. The Second Great
Awakening soon followed, and many wanted there to be recent institutional reforms. Societies for reform such as prison, hospitals, mental hospitals. Additionally, the nation looked at reforms for society, schools, slavery, women's rights, labor laws. Coming of the Civil War and Westward Movement.
Lecture 11 New Court Challenges from States and People 1800‑1860
The development of legal court challenges in the new Republic. The working out of roles of the branches of government and their powers. Along with the working out of the Federal role verse States roles. The courts' view before The Civil War was one view, and after the war, the court's opinion remained but changed in many ways. The nation's statement of the courts and law were based on State's roles versus the Federal.
Lecture 12 Civil War, Westward Move, Reconstructions, Progressivist Movement
The coming of the Civil War and its impact on political, economic, and social changes. The Civil War created the Pacific Rail Way act, Homestead act, and other laws passed by Congress to change the nation during the civil war. The westward movement leads to the development of changing views of society. Reconstruction in the south tried to reorganize society in post‑war southern states and rise to Jim Crow and other legal systems. Progressive ideology leads to reform in society. Development of Industrial laws and reforms both private and government.
Unit 5 Change from 19 to 20th and 21st Century ‑ Science & Tech
How the government has changed from Laissez‑faire to protection to the present., Liberty to protection to control. (1890‑Present and Beyond): The progressive movement in the Early 19 and 20th, Legal Changes‑Progressive or Radical, New Ideas Medical and Frankenstein
Lecture 13 Progressive movement reforms to 1890 ‑ 1920
The growth of Progressivism. The commercial and legal reforms and their impact on laws, politics, and the people. The development of these reforms impacts the increase in the government.
The reforms of society and how people changed the community to make it a more moral and hygienic society. Voting Rights, Federal Reserve, Labor Laws, Prohibition.
Lecture 14 Depression, New Deal, World War II, and Present. (1920‑1970)
The end of World War 1 and the legal changes in the country. The country was entering the depression and the legal reforms to ensure more stable economics and secure banking systems—the social reforms to make society safer and more just as in Justice. The new court decisions post WW II.
We are reforming and changing how society sees rights and liberties.
Lecture 15 The Changing situation from 1970‑2021
How things have changed with changing technology and society. New rights and liberties but how things are changing in recent years. The internet and cell phones how our expectations of privacy are changing. The new medical changes and breakthroughs. Patriot act and its impact and alterations. Asset forfeiture and violations of rights by new laws and impositions. The future of science, super science, or super sorcery?
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Suggested Readings by Lecture
Luc Janssens, A new look at an old dog: Bonn‑Oberkassel reconsidered. Archaeological Science no 92 (2018) 126p‑138p.
H. Rackham translation (Loeb 1935) ,The Athenian Constitution Pseudo Aristotle Harvard University Press 12p-29p
Hesiod, Ages of Man 1p-3p
The Tale of The Eloquent Peasant, c. 1800 BCE 1p-4p
Aristotle The Spartan Constitution 1p-4p
Lecture 2 Rome
Leonhard A. Burckhardt, Historia: Zeitschrift für Alte Geschichte , 1990, Bd. 39, H. 1 (1990), pp. 77‑99 The Political Elite of the Roman Republic: Comments on Recent Discussion of the Concepts "Nobilitas and Homo Novus"
Christopher Brooks, A Concise History of the world, https://pressbooks.nscc.ca/worldhistory/chapter/chapter‑8‑the‑roman‑republic/
Christopher Brooks, A Concise History of the world, https://pressbooks.nscc.ca/worldhistory/chapter/chapter‑9‑the‑roman‑empire
Dryden John Tran Plutarch’s Lives- Life of Flamininus 449p-463p
Ferrill Arther “The fall of the Roman Empire” Thames and Hudson Publication. Chapter 3 and 4.
A. H. M. Jones, “THE DECLINE AND FALL OF THE ROMAN EMPIRE “ History , OCTOBER, 1955, NEW SERIES, Vol. 40, No. 140 (OCTOBER, 1955), pp. 209‑226
Harold DRAKE, THE EMPEROR AS A ‘MAN OF GOD’: THE IMPACT OF CONSTANTINE THE GREAT’S Conversion on Roman Ideas of Kingship* A ANTIGUIDADE TARDIA E SUAS DIVERSIDADES
RAPP, C. Imperial Ideology in the Making: Eusebius of Caesarea on Constantine as ‘Bishop’. Journal of Theological Studies, n. s. 49, 1998b, p. 685‑695.
SESTON, W. Constantine as a ‘Bishop’. Journal of Roman Studies, 37, 1947, p. 127‑131.
A. Vasiliev “ An Edict of the Emperor Justinian II, September, 688 “ Speculum , Jan., 1943, Vol. 18, No. 1 (Jan., 1943), pp. 1‑13 Published by: The University of Chicago Press on behalf of the Medieval Academy of America Stable URL: https://www.jstor.org/stable/2853636
Henry Mayr‑Harting,” Charlemagne, the Saxons, and the Imperial Coronation of 800" The English Historical Review Vol. 111, No. 444 (Nov., 1996), pp. 1113‑1133 (21 pages) Published by: Oxford University Press
Theodor V. Brodek, “Socio‑Political Realities in the Holy Roman Empire” The Journal of Interdisciplinary History , Spring, 1971, Vol. 1, No. 3 (Spring, 1971), pp. 395‑405 Published by: The MIT Press
Jesús Fernández‑Villaverde, “ Magna Carta, the rule of law, and the limits on government”, International Review of Law and Economics 47 (2016) 22–28
C. H. McIlwain, “Due Process of Law in Magna Carta” Columbia Law Review , Jan., 1914, Vol. 14, No. 1 (Jan., 1914), pp. 27‑51 Columbia Law Review Association, Inc.
Wendy R. Childs, “ 1492‑1494: Columbus and the Discovery of America” The Economic History Review , Nov., 1995, New Series, Vol. 48, No. 4 (Nov., 1995), pp. 754‑768
Croy Robert G, unpublished North American Essay An Economic Explaination
Hobbs Thomas, “Leviathan or the Matter, Forme, & Power of a Common‑wealth Ecclesiasticall and Civill.” 76p-88p.
John Locke: Natural Rights to Life, Liberty, and Property 1p-15p
Edleson Max, ”The New Empire Map. The French and Indian War ” American Heritage Magazine Winter 2018 Vol 63 no 11
George Washington Farwell Address
Paine Thomas Common Sense
Francis K. Mason and Martin Windrow, “The World's Greatest Military Leaders: Two Hundred of the Most Significant Names in Land Warfare, from the 10th to the 20th Century” Google Books _Washington Chapter and Napoleon Chapter.
US Constitution Article 1 and 2
Burke Edmond “Birth of the Republic” Chapter 10 and 11.
Richard M. Pious, ”The Evolution of the Presidency: 1789‑1932" Source: Current History, Vol. 66, No. 394, THE AMERICAN PRESIDENCY (JUNE, 1974), pp. 241‑245, 271‑272 Published by: University of California Press
Frank R. Baumgartner, Bryan D. Jones and Michael C. MacLeod, “ The Evolution of Legislative Jurisdictions” The Journal of Politics Vol. 62, No. 2 (May, 2000), pp. 321‑349 (29 pages)
US Constitution Article 3
Comparing Federal and State Courts Chart.
Separation of Powers with Checks and Balances Reader
Bruce Green Rebecca Roiphe, “Regulating Discourtesy on the Bench: A Study in the Evolution of Judicial Independence”
Cause of the French Revolution Essay
Henri See, “ The Economic and Social Origins of the French Revolution”, The Economic History Review Vol. 3, No. 1 (Jan., 1931), pp. 1‑15 (15 pages)
Published By: Wiley
Eugene Nelson White , “ The French Revolution and the Politics of Government Finance, 1770‑1815" The Journal of Economic History , Jun., 1995, Vol. 55, No. 2 (Jun., 1995), pp. 227‑255
Gunther E. Rothenberg, “ The Origins, Causes, and Extension of the Wars of the French Revolution and Napoleon “ The Journal of Interdisciplinary History , Spring, 1988, Vol. 18, No. 4, The Origin and Prevention of Major Wars (Spring, 1988), pp. 771‑793 MIT Press
Perez Zagorin, “The Social Interpretation of the English Revolution” The Journal of Economic History, Vol. 19, No. 3 (Sep., 1959), pp. 376‑401
Jean‑Laurent Rosenthal, “The Fruits of Revolution: Property Rights, Litigation, and French Agriculture, 1700-1860" The Journal of Economic History , Jun., 1990, Vol. 50, No. 2 (Jun., 1990), pp. 438‑440
Charles Sumner Lobingier, “ Napoleon and His Code : Harvard Law Review , Dec., 1918, Vol. 32, No. 2 (Dec., 1918), pp. 114‑134
Maurice Amos, “The Code Napoléon and the Modern World” Journal of Comparative Legislation and International Law , 1928, Vol. 10, No. 4 (1928), pp. 222‑236
Matthias Schulz, “The Construction of a Culture of Peace in Post‑Napoleonic Europe” Journal of Modern European History / Zeitschrift für moderne europäische Geschichte / Revue d'histoire européenne contemporaine , Vol. 13, No. 4, Experimental Spaces – Planning in High Modernity (2015), pp. 464‑474
Robin F. A. Fabel, “ The Laws of War in the 1812 Conflict “ Journal of American Studies , Aug., 1980, Vol. 14, No. 2 (Aug., 1980), pp. 199218
David Dzurec, “Failure at Queenston Heights: The Politics of Citizenship and Federal Power during the War of 1812" New York History, Vol. 94, No. 3‑4 (Summer/Fall 2013), pp. 205‑220
Maeve Glass, “Citizens of the State” The University of Chicago Law Review , Vol. 85, No. 4 (June 2018), pp. 865‑934
MASON LOWANCE and JAN PILDITCH,”WRITING THE LAW: LITERATURE AND SLAVERY IN NINETEENTH CENTURY AMERICA “ Australasian Journal of American Studies , December 2008, Vol. 27, No. 2 (December 2008), pp. 66‑82
Lincoln L. Davies, “LESSONS FOR AN ENDANGERED MOVEMENT: WHAT A HISTORICAL JUXTAPOSITION OF THE LEGAL RESPONSE TO CIVIL RIGHTS AND ENVIRONMENTALISM HAS TO TEACH ENVIRONMENTALISTS TODAY” Environmental Law , Spring 2001, Vol. 31, No. 2 (Spring 2001), pp. 229‑370
James M. Acheson and Julianna Acheson, “Maine land: private property and hunting commons “ International Journal of the Commons , February 2010, Vol. 4, No. 1 (February 2010), pp. 552‑570
Andrew P. Morriss and Craig Allen Nard, “ Institutional Choice & Interest Groups in the Development of American Patent Law: 1790–1865" Supreme Court Economic Review, Vol. 19, No. 1 ( 2011), pp. 143‑244
Caleb Nelson “ THE LEGITIMACY OF (SOME) FEDERAL COMMON LAW “ Virginia Law Review , March 2015, Vol. 101, No. 1 (March 2015), pp. 1‑64
JOHN FABIAN WITT, Civil War Historians and the Laws of War” Journal of the Civil War Era, Vol. 4, No. 2 (JUNE 2014), pp. 159‑171
David F. Holland, “Sovereign Silences and the Voice of War in the American Conflict over Slavery” Law and History Review, Vol. 26, No. 3, Law, War, and History (Fall, 2008), pp. 571‑594
Henry Paul Monaghan “ Supreme Court Review of State‑Court Determinations of State Law in Constitutional Cases” Columbia Law Review , Dec., 2003, Vol. 103, No. 8 (Dec., 2003), pp. 1919‑1991
Laura R. Ford, “Intellectual property and industrialization: legalizing hope in economic growth” Theory and Society, Vol. 46, No. 1 (May 2017), pp. 57‑93
CALEB NELSON, “ The Constitutionality of Civil Forfeiture “ The Yale Law Journal , JUNE 2016, Vol. 125, No. 8 (JUNE 2016), pp. 2446‑2518
Lide E. Paterno, “FEDERALISM, DUE PROCESS, AND EQUAL PROTECTION: STEREOSCOPIC SYNERGY IN BOND AND WINDSOR” Virginia Law Review , December 2014, Vol. 100, No. 8 (December 2014), pp. 18191873
ZIV BOHRER,” International Criminal Law's Millennium of Forgotten History” Law and History Review , May 2016, Vol. 34, No. 2 (May 2016), pp. 393‑485
Judy Scales‑Trent, “Racial Purity Laws in the United States and Nazi Germany: The Targeting Process” Human Rights Quarterly, May, 2001, Vol. 23, No. 2 (May, 2001), pp. 259‑307
David S. Clark, “ The Modern Development of American Comparative Law: 1904‑1945 “ The American Journal of Comparative Law , Fall, 2007, Vol. 55, No. 4 (Fall, 2007), pp. 587‑615
JODI L. SHORT, “THE POLITICAL TURN IN AMERICAN ADMINISTRATIVE LAW: POWER, RATIONALITY, AND REASONS” Duke Law Journal , May 2012, Vol. 61, No. 8 (May 2012), pp. 1811‑1881
Herschel I. Grossman, “Kleptocracy and Revolutions “ Oxford Economic Papers , Apr., 1999, Vol. 51, No. 2 (Apr., 1999), pp. 267‑283
“Government Information and the Rights of Citizens “Michigan Law Review , May ‑ Jun., 1975, Vol. 73, No. 6/7 (May ‑ Jun., 1975), pp. 971‑1340
Nicolas Suzor, “The Role of the Rule of Law in Virtual Communities” Berkeley Technology Law Journal , Fall 2010, Vol. 25, No. 4 (Fall 2010), pp. 18171886
Eduardo Moisés Peñalver and Sonia K. Katyal , “Property Outlaws “ University of Pennsylvania Law Review , May, 2007, Vol. 155, No. 5 (May, 2007), pp. 1095‑1186.