Legal History Commons^™

Emptio, "Taking", Alan Watson

Scholarly Works

According to Festus, "Emere, quod nunc est mer cari, antiqui acdpiebant pro sumere" and modern philologists do accept some such meaning as the original in Latin. The Thesaurus Linguae Latinae however, thinks there is no certain example of this sense of emere and considers the instances adduced by Skutsch to be scarcely convincing. I should like to produce for consideration a different instance drawn from the derivative emptio or emptor. The instance in question may not take us as far back as emere = sumere but will at least to emere = accipere. Roman legal tradition tells us that the …

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 …

Illogicality And Roman Law, Alan Watson

Scholarly Works

It is a commonplace that Rome's greatest contribution to the modern world is its law.

Whether this is strictly true or not, Roman law is certainly the basis of the law of Western Europe (with the exception of England and Scandinavia), of much of Africa including South Africa, Ethiopia and in general the former colonies of countries in continental Europe, of Quebec and Louisiana, of Japan and Ceylon and so on. Perhaps even more important for the future is that International law is very largely modelled, by analogy, on Roman law. Just think of the perfectly serious arguments of a …

The Original Meaning Of Pauperies, Alan Watson

Scholarly Works

The very name, 'actio de pauperie', presents us squarely with the problem. Why should this action -- dealing with damage caused by animals -- and this action alone come to be called 'the action on poverty'? For the word 'pauperies' in the later Republic and the Empire does have the primary meaning of 'poverty'. This problem does not stand by itself. The 'actio de pauperie' is old, and goes back at least to the XII Tables. Why does it -- apparently at least -- give a remedy for damage of all kinds, whereas the later lex Aquilia of 287 B.C. …

Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson

Scholarly Works

Unknown to many lawyers, American legal history is marred with numerous recorded episodes of extended imprisonment of innocent American citizens. Frequently guiltless of any offense, these citizens are held because they happen to be witnesses to a crime and are financially unable to post a bond to insure their appearance to testify at the trial of the person accused of committing it. Not simply a feature of law from a bygone era, these incidents of imprisonment continue to arise today. Occasionally, a situation occurs wherein the man accused of the crime is released on bail and spends his time before …

An Unprincipled Decision On A Will, Alan Watson

Scholarly Works

In this article Professor Alan Watson reviews the decision of Alfenus from Ancient Rome (D.28.5.45 Alfenus 5 dig).

Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson

Scholarly Works

The problem I wish to discuss is the moral attitude of the later Republican jurists to slavery. The prominent jurists of the time belong to the upper classes and, although it would be wrong to generalize from the jurists to other members of the aristocracy, we shall have a certain glimpse into the social attitudes of the period if we can gain a reasonably clear picture from the jurists. I will deal only with juristic discussion, and not with the statutes and edicts which concern slavery. No doubt the jurists would play a part in shaping these, but public political …

The Three Faces Of Meade, Wylie H. Davis

Georgia Law Review

Y OUTH and middle-ager, I have known David Meade Feild for nigh-on thirty years. But since my first encounter with him in 1939 at Mercer University-as one of his naive freshman law students -my aggregate daily association with him has been a mere three years. Even this all-too-short span has been fragmented by events into three very different time and experience phases. My impressions of Professor Feild and his impact on me bring to mind a fabled phenomenon of human observation and reporting aptly described by a former col- league: The process is remindful of [three] blind men feeling the …

There Is A South Of Union And Freedom, Hugo L. Black

Georgia Law Review

The formal dedication of these magnificent buildings and equipment at the University of Georgia Law School is an inspiring event in which my wife and I-both native Alabamians-are particularly happy to participate. There are special reasons for our feelings. The present soil of Alabama was a part of the soil of Georgia when, even before the United States was created, your University was chartered by the Georgia General Assembly in 1785. And my ancestral ties with Georgia are even stronger than that. In April of the year 1835, in Oglethorpe County, Georgia, a few miles from where I now stand, …

Towards A New Hypothesis Of The 'Legio Actio Sacramento In Rem', Alan Watson

Scholarly Works

According to Gaius, the form of the 'legis actio sacramento in rem' was as follows:

A. Hunc ego hominem ex iure quiritium meum esse aio secundum suam causam. Sicut dixi, ecce tibi vindictam imposui. (As he said this he 'festucam imponebat').

B. (Eadem dicebat e faciebat). Praetor. Mittite ambo hominem.

A. Postulo anne dicas qua ex causa vindicaveris.

B. Ius feci, sicut vindictam imposui.

A. Quando tu iniuria vindicavisti, quingenario (or 'quinquagenario') sacramento te provoco.

B. Et ego te.

A & B to the witnesses. Testes estote.

It is, I think, universally accepted first that both parties to the action …

Identity Of Sarapio, Socrates, Logus And Nilus In The Will Of C. Longinus Castor, Alan Watson

Scholarly Works

This article examines the Will of C. Longinus Castor which was executed and sealed on 17th of November 189 A.D. The Will names five different individuals as beneficiaries and this article examines the relationship between them and C. Longinus Castor.

'Apochatum Pro Uncis Duabus', Alan Watson

Scholarly Works

Two of the Transylvanian sale triptychs contain the clause 'apochatum pro uncis duabus.' The first document dates from 142 A.D., the second from 160 A.D. What meaning is to be attributed to 'apochatum (or apochatam) pro uncis duabus', literally 'receipted for two ounces'?

The real explanation, I suggest, is that 'apochatum pro uncis duabus', 'receipted for two unciae', refers to the present 'mancipatio', not to a previous one, and that the point of the clause is to limit the 'actio auctoritatis' to four 'unciae', a negligible sum.

The Code Of The City Of Athens, Georgia: The General Ordinances Of The City (1962), City Of Athens

Historical Municipal Codes of Athens

This document contains the 1962 code of Athens, Georgia along with supplemental materials added by 1976. This volume as originally published constituted the first revision of the code of Athens since 1918.

Consensual 'Societas' Between Romans And The Introduction Of 'Formulae', Alan Watson

Scholarly Works

A very common view still held seems to be that until the second half of the second century B.C. and the passing of the 'lex Aebutia', 'formulae' were not available in actions between 'cives'. This has been very forcefully attacked, especially by Kunkel and Kaser, and the purpose of the present note is merely to add another argument to theirs.

The Form And Nature Of 'Acceptilatio' In Classical Roman Law, Alan Watson

Scholarly Works

Until recently, it would seem to have been agreed among Romanists that in early classical roman law only one form of words, namely 'Habesne acceptum? habeo' was permitted for a valid 'acceptilatio', but that by the time of Ulpian a second form (and no more), namely 'Acceptum facis? facio' had been accepted. Indeed, that this was the position is accepted without discussion by Mr. Nicholas in a very thorough article on the form of the stipulation. Mr. Nicholas' main goal is to show that in classical law 'stipulatio' was a formal act and required to be made in one of …

'Arra' In The Law Of Justinian, Alan Watson

Scholarly Works

So much has been written in recent years on 'arra' in Justinian's law that one hesitates to add to it. But there is, I submit, a solution to the problem raised by the texts which is simpler than any so far suggested, and which gives a satisfactory result.

Georgia Constitution Of 1945 As Amended Through 1974, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1972, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1970, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1968, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1967, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1966, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1962, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945 As Amended Through 1960, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Georgia Constitution Of 1945, Effective August 13, 1945, Stste Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Records Of The Commission Of 1943-1944 To Revise The Constitution Of Georgia, Vol I, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.

Records Of The Commission Of 1943-1944 To Revise The Constitution Of Georgia, Vol Ii, State Of Georgia

Current and Historical Georgia Constitutions & Related Materials

No abstract provided.