| CODE | PHI3055 | ||||||
| TITLE | Augustine and the Law | ||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 6 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Philosophy | ||||||
| DESCRIPTION | Augustine of Hippo (354-430CE) might seem so much remote from the ideas and concerns of what today is termed jurisprudence, for the simple reason that he never wrote a treatise on law. Even more so, when considering that the discussion on Augustine is taking place at a time when jurisprudence and legal philosophy are dominated by an instrumental pragmatism. Such an approach would definitely undermine any study of Augustine’s legal practice. But it is precisely this approach that seems so urgently needed for the reason that some of Augustine’s ideas can still illuminate a contemporary approach not only because of the stark contrast between his metaphysical depth and modern pragmatism, but also because his theological and metaphysical premises led him to some seemingly quite modern conclusions. A 4th century CE Catholic bishop was also a judge in the audientia episcopalis. The history of this legal institution decreed by the First Christian Roman Emperor, Constantine the Great, is the basis for any study of Augustine’s concepts and practice regarding Roman law. The Divjak Letters concerning court cases which Augustine heard and decided upon at the audientia episcopalis in Hippo Regius, are a mine of first-hand information. Augustine's The City of God will also have to be considered, as it provides us with the most elaborate interpretation of the theory and practice of law and justice in the fifth century CE; and, secondly, as it was also studied as the Magna Charta of political thought and ideology for Western Christianity right up to the Middle Ages. Study-unit Aims To help students evaluate the fact that though Saint Augustine of Hippo, a fifth century Catholic bishop and charismatic leader, seems so remote from our idea of jurisprudence (Augustine wrote no treatise, or dialogue, on the topic of law!) it will be shown, however, that his theology led him to affirm the essential secularity of politics and law in an age of shifting and turbulent religious frontiers and Imperial allegiances. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (i) demonstrate a good knowledge of the life and times of Augustine of Hippo; (ii) demonstrate a good knowledge of the historical, social, political, legal, and religious background to the 5th centuryCE Church and Roman Empire; and, finally (iii) demonstrate a good understanding of the intricate and very delicate relationships between the Roman State and the Catholic Church, the so-called Church of bishops, and a very influential one at times. 2. Skills: By the end of the study-unit the student will be able to: (i) comprehend the variety of life contexts at play in the 4th & 5th centuryCE Church and Roman Empire; (ii) describe the interplay of currents in the non-religious political and legal order; (iii) describe the invaluable contribution of Augustine's, as well as that of his lay and/or religious contemporaries, conceptual and personal skills in the administration of justice, both within the sphere of a critique of ancient Roman legalistic views, thereby adopting, discarding or modifying some of them; and, finally, (iv) assess the perennial question/problem of church and state relations vis-a'-vis the temporal, social and political situations that form the basis for any kind of cooperation between the two entities, right up to this day. Main Text/s and any supplementary readings Atkins, E.M. – Dodaro, R.J. (ed.), Augustine. Political Writings, Cambridge Texts in the History of Political Thought, University Press, Cambridge 2001. Brooks, Richard, O. – Murphy, James Bernard (ed.), Augustine and Modern Law, Ashgate, UK – USA 2011. Caruana, Salvinu, Wistin l-Imħallef. Il-ħidma ġudizzjarja tal-isqof f’Ippona. Id-29 Ittra Divjak, Malta 2012 (464p.) (ISBN 978-99957-0-261-8). Dyson, R.W., St Augustine of Hippo. The Christian Transformation of Political Philosophy, Continuum Studies in Philosophy, UK – USA 2006. Stevenson, William, R., Jr. Christian Love and Just War. Moral Paradox and Political Life in St. Augustine and His Modern Interpreters, Mercier University Press, Macon (GA) USA1987. Uhalde, Kevin, Expectations of Justice in the Age of Augustine, University of Pennsylvania Press, Philadelphia USA 2007. (During each session a good number of handouts, mainly texts, and extensive bibliographical indications, will be supplied, read and analysed). |
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| STUDY-UNIT TYPE | Lecture | ||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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