The Syllabus of the Law and the Humanities 2020 Course (Roma Tre University, Law Department), directed by Prof. Emanuele Conte, is now ready. Lots of interesting topics and guests from all over the world: have a look at it!
Law and the Humanities.
Studying Law at Roma Tre – Spring Semester 2020
Prof. Emanuele Conte
SYLLABUS
4-5-6 March
Emanuele CONTE |
General Introduction
Readings Jack M. Balkin & Sanford Levinson, Law and the Humanities: An Uneasy Relationship, 18 Yale J.L. & Human. 155 (2006). Sarat, Anderson and Franck, On the Origins and Prospects of the Humanistic Study of Law James Boyd White, Legal Knowledge, 115 Harv. L. Rev. 1396 (2002). |
11-12-13 March
Emanuele CONTE |
Law and History
The birth and the function of Legal History as an academic field Readings Joshua Getzler, Law, History and the Social Sciences: Intellectual Traditions of Late Nineteenth- and Early Twentieth-Century Europe In: Law and History, ed. A. Lewis and M. Lobban, Oxford University Press 2004 |
18-19-20 March
Guest lectures : Stefania GIALDRONI |
Law and Architecture
Readings |
25-26-27 March
Guest Lectures : Anicetu MASFERRER University of Valencia |
Law, Religion and Morality: Past and Present
Wednesday 25 March Law, Religion and Morality in the Western Legal Tradition: Natural law, Christianity and Ius commune Reading: RH Helmholz, “Natural Law and Religion: Evidence from the Case Law”, Law and Religion: The Legal Teachings of the Protestant and Catholic Reformations, Vandenhoeck & Ruprecht, 2014, pp. 91-106 (available at google books). Thursday 26 March Can legal precepts, moral precepts and religious precepts be separated? A brief historical and philosophical introduction to the distinction between law, religion and morality Reading: Masferrer, “Law and Morality Revisited: Interdisciplinary Perspectives”, in A. Masferrer (ed.), Criminal Law and Morality in the Age of Consent. Interdisciplinary Perspectives, Springer (forthcoming, 2020) Friday 27 March The religious influence in the making of private law: marriage, law of property and obligations Reading: Charles Donahue, Jr., “The Role of the Humanists and the Second Scholastic in the Development of European Marriage Law from the Sixteenth to the Nineteenth Centuries”, Law and Religion: The Legal Teachings of the Protestant and Catholic Reformations (ed. by Wim Decock et altri), Vandenhoeck & Ruprecht GmbH & Co. KG, Göttingen, 2014, pp. 45-62 (available at google books); W Decock, “Law of Property and Obligations: Neoscholastic Thinking and Beyond”, The Oxford Handbook of European Legal History (ed. by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey), OUP, 2018, pp. 611-631.
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1-2-3 April
Guest Lectures : Anicetu MASFERRER |
Law, Religion and Morality: Past and Present
Wednesday 1 April The distintion between criminal law and morality in the Western tradition Reading: A Masferrer, “The Need for a Secularized Criminal Law: Past, Present andFuture. A Proposal to Unravel a Complex Issue in the Western Society”, Trending Topics of Law and Justice: Legal English Workshops 2015/16, Tirant lo Blanch, 2017, pp. 299-321. Thursday 2 April The religious influence in the making of Constitutional law: human dignity & human rights Reading: A Masferrer, “Human Dignity in the Early Sixteenth Century Spanish Scholasticism: Francisco de Vitoria and Fray Bartolomé de las Casas”, De rebus divinis et humanis. Essays in honour of Jan Hallebeek (Harry Dondorp, Martin Schermaier & Boudewijn Sirks, eds.), Göttingen: Vandenhoeck & Ruprecht Verlage 2019, pp. 203-213. Friday 3 April The religious influence in the making of Constitutional law: the religious freedom from the Peace of Westphalia (1648) to the Second Vatican Council (1968). Reading: Dignitatis humanae (Second Vatican Council’s Declaration on Religious Freedom, by Pope Paul VI on December 7, 1965; M Rhonheimer, “Christian secularity and the culture of human rights” (available at http://www.institutoacton.com.ar/articulos/208art110315-b.pdf). |
8 April | Mid-Term exam |
15-16-17 April
Guest Lectures : Pierre THEVENIN Ecole Normale Superieure de Cachan, Paris |
Law and Literature
The classes will explore the appropriation, by avant-garde poets from the 20th and 21st centuries, of the formal use of language associated with the practice of law. Looking at legally trained American poets, ranging from Charles Reznikoff to Vanessa Place, we will discuss how an engagement with judicial documents played a part in developing an “uncreative”, “objectivist” or “conceptualist” trend of writing. How can law set an example for poets keen to face the challenge that the digital age is putting on the original expression of private sentiments? Readings Charles Reznikoff, Testimony: The United States 1885-1890. Recitative, Black Sparrow Press, 2015 (selection). Kenneth Goldsmith, Uncreative Writing. Managing Language in the Digital Age, Columbia University Press, New York, chapter 1 “Revenge of the Text”. James Boyd White, “The Writing Life of the Lawyer and Judge”, third section of “An Old-Fashioned View of the Nature of Law”, Theoretical Inquiry in Law, 2011-12, p. 381-402. |
22-23-24 April
Guest Lectures : Charles YABLON Cardozo University, New York
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Law, music, the center and the frontiers of normativity
1) General discussion of law and music and its relationship to other interdisciplinary approaches to law. What are we actually studying when we seek to study law and music? 2) Law and jazz; the social context of jazz in the United States, its simultaneous existence as a worldwide popular art form and as a unique expression of African American experience and culture. Jazz as a form of “rule breaking.” Readings D. Manderson and D. Caudill, “Modes of Law: Music and Legal Theory”, 20 Cardozo Law Review 1998-99, 1325 Amy Leigh Wilson, “A Unifying Anthem or Path to Degradation: The Jazz Influence in American Property Law”, 55 Ala. L. Rev. 425 (2004). |
6-7-8 May
Emanuele CONTE Guest Lecture on 7th May: Ivo JOSIPOVIC Former President of the Republic od Croatia |
6 May: Law, Music and Liturgy
7 May: Music and Politics 8 May: Music, Constitution and the People |
13-14-15 May
Guest Lectures : Cinnamon DUCASSE University of St Andrews, UK |
Contemporary British anti-rave law (from 1980s)
Laws against slave music in the British Caribbean (C18th) Theodosian constitutions on festival. Listen to the following track, which was composed in response to Part V of the Criminal Justice Act 1994, which criminalised the gathering of 20 or more people around music characterised by the ‘emission of a succession of repetitive beats’. Each beat in the track is different and therefore cannot be defined as repetitive. I think if they listen to the track they can figure this out, so don’t tell them why I’ve asked them to listen to it! Autechre, ‘Flutter’ on Anti EP (Warp, UK: 1994)
Readings: Here are 2 introductions to sounds studies volumes, to introduce critical thinking about sound and music: Jonathan Sterne, ‘1. Sonic Imaginations’, in The Sound Studies Reader, ed. Jonathan Sterne, (London: Routledge, 2014), pp.1-13. Michael Bull and Les Back, ‘Introduction: Into Sound… Once More With Feeling’, in The Auditory Culture Reader, 2nd Edition, eds. Michael Bull and Les Back. (London: Bloomsbury, 2016) And one tough article which incorporates some of this thinking into jurisprudence: James E. K. Parker (2019) ‘Sonic lawfare: on the jurisprudence of weaponised sound’, in Sound Studies, 5:1, 72-96, DOI: 10.1080/20551940.2018.156445 |
27-28-29 May | Overview and final revision for exam |