By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

There is no better key to the strengths and weaknesses of the Soviet social system than Soviet law. Here in English translation is the Criminal Code and Code of Criminal Procedure of the largest of the fifteen Soviet Republics—containing the basic criminal law of the Soviet Union and virtually the entire criminal law applicable in Russia—and the Law on Court Organization. These two codes and the Law, which went into effect o January 1, 1961, are among the chief products of the Soviet law reform movement which began after Stalin’s death, and are a concrete reflection of the effort to establish legality and prevent a return to Stalinist arbitrariness and terror.

In a long introductory essay Harold Berman, a leading authority on Soviet law, stresses the extent to which the codes are expressed in authentic soviet legal language, based in part on the pre-Revolutionary Russian past but oriented to Soviet concepts, conditions, and policies. He outlines the historical background of the new codes, with a detailed listing of the major changes reflected in them, interprets their significance, places them within the system of Soviet law as a whole, and discusses some of the principal similarities and differences between Soviet criminal law and procedure and that of Western Europe and of the United States.