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1974

Comparative and Foreign Law

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The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson Jun 1974

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

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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 …


"Criminal Records"--A Comparative Approach, Sigmund A. Cohn Feb 1974

"Criminal Records"--A Comparative Approach, Sigmund A. Cohn

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There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …