Abstract

VAN CAENEGEM, R.C.. A note on chapter 39 of Magna Carta. Fundamina (Pretoria) [online]. 2014, vol.20, n.2, pp.961-964. ISSN 2411-7870.

Scholars disagree about the meaning of c 39 of Magna Carta (1215). Some read that no freeman shall be punished "except by the lawful judgment of his peers or by the law of the land", but others "except by the lawful judgment of his peers and by the law of the land". The present author believes the former version to be correct on the strength of legal and linguistic arguments. He also refers to comparable situations on the Continent that support his conclusion.

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