Legal History Commons^™

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

Scholarly Works

In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.

The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson

Scholarly Works

In an earlier study, I examined the private law in the rescripts of Carus and his two sons, the Emperors who ruled from 282 to 284, immediately before the accession of Diocletian, and found as the main conclusion that, despite everything, the quality of legal decision had remained reasonably high. This paper considers the four rescripts that survive from the troubled reign of the preceding Emperor, Probus. None contains a great legal innovation; none shows a drastic lowering of legal standards. Their importance lies in what they reveal about general matters. Despite the enormous military and economic problems of the …

Tignum Iunctum: The Xii Tables And A Lost Word, Alan Watson

Scholarly Works

A text of the scholar Festus, which is famous among Latinists and lawyers alike, reads:

Tignum non solum in aedificiis, quo utuntur, appellatur, sed etiam in vineis, ut est in XII: "Tignum iunctum aedibus vineave et concapit ne solvito".

For the quotation from the XII Tables, the manuscripts showsome variation for 'vineave': 'victum' in W, 'vineaque' in V and 'minerve' in X. But these we can happily leave aside and com to the crux of the text, 'concapit', which appears in all the manuscripts. "'Concapit', a corrupt word, and difficult of explanation" say Lewis and Short! And the emendations proposed …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

Scholarly Works

Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …