The law magazine and review : for both branches of the legal profession at home and abroad |
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Page 33
It is the object of the present article to discuss the nature of the crime of Treason
under the law of the later Roman Empire , to examine the extent of its influence
upon modern law , especially the law of England , and to indicate some of the ...
It is the object of the present article to discuss the nature of the crime of Treason
under the law of the later Roman Empire , to examine the extent of its influence
upon modern law , especially the law of England , and to indicate some of the ...
Page 34
Two preliminary observations may be made : First , both the Roman and the
English law content themselves rather with an enumeration of treasonable acts ,
than with an adequate definition of the crime of treason itself ; Ulpian ( in D . 48 ,
4 , 1 ...
Two preliminary observations may be made : First , both the Roman and the
English law content themselves rather with an enumeration of treasonable acts ,
than with an adequate definition of the crime of treason itself ; Ulpian ( in D . 48 ,
4 , 1 ...
Page 37
... and imagining is expressly put upon the same footing as the consummated
crime ; " eadem enim severitate voluntatem sceleris , qua effectum puniri jura
volnerunt ” ; indeed , this appears to have been so in all cases of treason ; cf . C.
... and imagining is expressly put upon the same footing as the consummated
crime ; " eadem enim severitate voluntatem sceleris , qua effectum puniri jura
volnerunt ” ; indeed , this appears to have been so in all cases of treason ; cf . C.
Page 38
Dr . Moyle is of opinion that the same principle applied to all crimes , and cites in
support of his view the wellknown rescript of Hadrian , “ in maleficiis voluntas
spectatur , non exitus ” ( Digest , ad legem Corneliam , 48 , 8 , 14 ) .
Dr . Moyle is of opinion that the same principle applied to all crimes , and cites in
support of his view the wellknown rescript of Hadrian , “ in maleficiis voluntas
spectatur , non exitus ” ( Digest , ad legem Corneliam , 48 , 8 , 14 ) .
Page 39
... to whom with imperial clemency we specially concede their lives ( for they
ought by rights to perish by the same punishment as their father , in whom we
have reason to dread the likeness of their father ' s , i . e . , of an ancestral crime )
, they ...
... to whom with imperial clemency we specially concede their lives ( for they
ought by rights to perish by the same punishment as their father , in whom we
have reason to dread the likeness of their father ' s , i . e . , of an ancestral crime )
, they ...
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Bibliographic information
| Title | The law magazine and review : for both branches of the legal profession at home and abroad The law magazine and review : for both branches of the legal profession at home and abroad |
| Published | 1897 |
| Original from | the University of California |
| Digitized | 5 Jul 2011 |
| Export Citation | BiBTeX EndNote RefMan |