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Twelve Tables

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The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.[1][2]

In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years.[3]

The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code',[4] although modern scholars consider this characterization exaggerated.[2] The Tables are a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions. The provisions were often highly specific and diverse.[5]

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Roman law

Roman law

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

Forum (Roman)

Forum (Roman)

A forum was a public square in a Roman municipium, or any civitas, reserved primarily for the vending of goods; i.e., a marketplace, along with the buildings used for shops and the stoas used for open stalls. Many fora were constructed at remote locations along a road by the magistrate responsible for the road, in which case the forum was the only settlement at the site and had its own name, such as Forum Popili or Forum Livi.

Republic

Republic

A republic is a system of government where people choose representatives through elections to make decisions in the public's interest. In contrast, a democracy might rely primarily on sortition to make decisions by a representative sample of the public while an autocracy concentrates power in very few hands.

Cicero

Cicero

Marcus Tullius Cicero was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the establishment of the Roman Empire. His extensive writings include treatises on rhetoric, philosophy and politics. He is considered one of Rome's greatest orators and prose stylists. He came from a wealthy municipal family of the Roman equestrian order, and served as consul in 63 BC.

Drafting and development

There is no scholarly agreement about the exact historical account of the creation and promulgation of the laws of the Twelve Tables. Ancient writers' stories about the Twelve Tables were recorded a couple of centuries later, in the second and first centuries BC. The first known publications of the text of the Twelve Tables were prepared by the first Roman jurists. Sextus Aelius Paetus Catus (consul in 198 BC) in his work on jurisprudence called Tripartita included a version of the laws of the Twelve Tables, his commentary on them and the legal formulas (legis actiones) to use them in trials.[6][7] Lucius Acilius Sapiens was another early interpreter of the Twelve Tables in the middle of the second century BC.[8][9] Meanwhile Roman historians Livy and Dionysius of Halicarnassus provided the most detailed accounts of the creation of the laws.[10] In addition, different versions of the story are known from the works of Diodorus Siculus and Sextus Pomponius.[11]

Publication of the Twelve Tables in Rome,approx. 2 BC. Drawing by Silvestre David Mirys (1742-1810); engraved by Claude-Nicolas Malapeau (1755-1803)
Publication of the Twelve Tables in Rome,approx. 2 BC. Drawing by Silvestre David Mirys (1742-1810); engraved by Claude-Nicolas Malapeau (1755-1803)

According to Livy and Dionysius of Halicarnassus, the laws of the Twelve Tables have come about as a result of the long social struggle between patricians and plebeians, in modern scholarship known as the conflict of the orders.[12] After the expulsion of the last king of Rome, Tarquinius Superbus, in 509 BC, the Republic was governed by a hierarchy of magistrates. Initially, only patricians were eligible to become magistrates and this, among other plebeian complaints, was a source of discontent for plebeians. In the context of this unequal status, plebeians would take action to secure concessions for themselves using the threat of secession. They would threaten to leave the city with the consequence that it would grind to a halt, as the plebeians were Rome's labor force. Tradition held that one of the most important concessions won in this class struggle was the establishment of the Twelve Tables, establishing basic procedural rights for all Roman citizens in relation to each other.[13] The drafting of the Twelve Tables may have been fomented by a desire for self-regulation by the patricians, or for other reasons.[2]

Around 450 BC, the first decemviri (decemvirate, board of "Ten Men") were appointed to draw up the first ten tables. According to Livy, they sent an embassy to Greece to study the legislative system of Athens, known as the Solonian Constitution, but also to find out about the legislation of other Greek cities.[14][15] Some scholars deny that the Romans imitated the Greeks in this respect[16] or suggest that they visited only the Greek cities of Southern Italy, and did not travel all the way to Greece.[17] In 450 BC, the second decemviri started to work on the last two tables.

The first decemvirate completed the first ten codes in 450 BC. Here is how Livy describes their creation:

"...every citizen should quietly consider each point, then talk it over with his friends, and, finally, bring forward for public discussion any additions or subtractions which seemed desirable." (cf. Liv. III.34)

In 449 BC, the second decemvirate completed the last two codes, and after a secessio plebis (secession of the plebes, a plebeian protest) to force the Senate to consider them, the Law of the Twelve Tables was formally promulgated.[18] According to Livy (AUC 3.57.10) the Twelve Tables were inscribed on bronze (Pomponius (Dig. 1 tit. 2 s2 §4) alone says on ivory), and posted publicly, so all Romans could read and know them.

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Dionysius of Halicarnassus

Dionysius of Halicarnassus

Dionysius of Halicarnassus was a Greek historian and teacher of rhetoric, who flourished during the reign of Emperor Augustus. His literary style was atticistic – imitating Classical Attic Greek in its prime.

Diodorus Siculus

Diodorus Siculus

Diodorus Siculus, or Diodorus of Sicily, was an ancient Greek historian. He is known for writing the monumental universal history Bibliotheca historica, in forty books, fifteen of which survive intact, between 60 and 30 BC. The history is arranged in three parts. The first covers mythic history up to the destruction of Troy, arranged geographically, describing regions around the world from Egypt, India and Arabia to Europe. The second covers the time from the Trojan War to the death of Alexander the Great. The third covers the period to about 60 BC. Bibliotheca, meaning 'library', acknowledges that he was drawing on the work of many other authors.

Lucius Tarquinius Superbus

Lucius Tarquinius Superbus

Lucius Tarquinius Superbus was the legendary seventh and final king of Rome, reigning 25 years until the popular uprising that led to the establishment of the Roman Republic. He is commonly known as Tarquin the Proud, from his cognomen Superbus.

Roman Republic

Roman Republic

The Roman Republic was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world.

Patrician (ancient Rome)

Patrician (ancient Rome)

The patricians were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after the Conflict of the Orders. By the time of the late Republic and Empire, membership in the patriciate was of only nominal significance.

Plebeians

Plebeians

In ancient Rome, the plebeians were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words "commoners". Both classes were hereditary.

Decemvirate (Twelve Tables)

Decemvirate (Twelve Tables)

According to Roman tradition, it was a Decemvirate that drew up the Twelve Tables of Roman law.

Greece

Greece

Greece, officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkan Peninsula, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to the northeast. The Aegean Sea lies to the east of the mainland, the Ionian Sea to the west, and the Sea of Crete and the Mediterranean Sea to the south. Greece has the longest coastline on the Mediterranean Basin, featuring thousands of islands. The country consists of nine traditional geographic regions, and has a population of approximately 10.4 million. Athens is the nation's capital and largest city, followed by Thessaloniki and Patras.

Athens

Athens

Athens is a major coastal urban area in the Mediterranean and is both the capital and largest city of Greece. With its surrounding urban area’s population numbering over three million, it is also the seventh largest urban area in the European Union. Athens dominates and is the capital of the Attica region and is one of the world's oldest cities, with its recorded history spanning over 3,400 years and its earliest human presence beginning somewhere between the 11th and 7th millennia BCE.

Greeks

Greeks

The Greeks or Hellenes are an ethnic group and nation native to Greece, Cyprus, southern Albania, Anatolia, parts of Italy and Egypt, and to a lesser extent, other countries surrounding the Eastern Mediterranean and Black Sea. They also form a significant diaspora, with many Greek communities established around the world.

Magna Graecia

Magna Graecia

Magna Graecia was the name given by the Romans to the coastal areas of Southern Italy in the present-day Italian regions of Calabria, Apulia, Basilicata, Campania and Sicily; these regions were extensively populated by Greek settlers. These settlers, who began arriving in the 8th century BC, brought with them their Hellenic civilization, which left a lasting imprint on Italy. They also influenced the native peoples, such as the Sicels and the Oenotrians, who became hellenized after they adopted the Greek culture as their own.

Livy

Livy

Titus Livius, known in English as Livy, was a Roman historian. He wrote a monumental history of Rome and the Roman people, titled Ab Urbe Condita, ''From the Founding of the City'', covering the period from the earliest legends of Rome before the traditional founding in 753 BC through the reign of Augustus in Livy's own lifetime. He was on familiar terms with members of the Julio-Claudian dynasty and a friend of Augustus, whose young grandnephew, the future emperor Claudius, he exhorted to take up the writing of history.

Laws of the Twelve Tables

The laws the Twelve Tables were a way to publicly display rights that each citizen had in the public and private sphere. These Twelve Tables displayed what was previously understood in Roman society as the unwritten laws. The public display of the copper tablets allowed for a more balanced society between the Roman patricians who were educated and understood the laws of legal transactions, and the Roman plebeians who had little education or experience in understanding law. By revealing the unwritten rules of society to the public, the Twelve Tables provided a means of safeguard for Plebeians allowing them the opportunity to avoid financial exploitation and added balance to the Roman economy.

Some of the provisions are procedural to ensure fairness among all Romans in the courts, while other established legal terms dictating the legality of capital crimes, intentional homicide, treason, perjury, judicial corruption, and writing slanderous poems.[19] The Romans valued keeping peace in the city and the Twelve Tables were a mechanism of establishing and continuing peace and equality.[19]

Table 1 Procedure: for courts and trials
Table 2 Further enactments on trials
Table 3 Execution of judgments
Table 4 Rights of familial heads
Table 5 Legal guardianship and inheritance laws
Table 6 Acquisition and possession
Table 7 Land rights and crimes
Table 8 Torts and delicts (Laws of injury)
Table 9 Public law
Table 10 Sacred law
Table 11 Supplement I
Table 12 Supplement II

Tables I & II: Procedure for Courts and Judges and Further Enactments on Trials

These two tables are concerned with the Roman court proceedings. Table I covers proceedings between the defendant and the plaintiff, with responses to potential situations such as when age or illness prevents the defendant from making appearance, then transportation has to be arranged to assist them.[20] It also deals with:

  • The failure of appearance by the defendant.
  • If there is a failure to appear by either party, then after noon the judge must make judgement in favor of the one who is present.
  • Provides a time-table for the trial (ends at sunset)[20]

Table II sets the amount of financial stake for each party depending on the source of litigation, what to do in case of impairment of the judge, and rules of who must present evidence.[20]

Table III: Execution of Judgment

Featured within the Twelve Tables are five rules about how to execute judgments, in terms of debtors and creditors. These rules show how the ancient Romans maintained peace with financial policy.

In the book, The Twelve Tables, written by an anonymous source due to its origins being collaborated through a series of translations of tablets and ancient references, P.R. Coleman-Norton arranged and translated many of the significant features of debt that the Twelve Tables enacted into law during the 5th century. The translation of the legal features surrounding debt and derived from the known sources of the Twelve Tables are stated as such

“1. Of debt acknowledged and for matters judged in court (in iure) thirty days shall be allowed by law [for payment or for satisfaction].

2. After that [elapse of thirty days without payment] hand shall be laid on (Manus infection) [the debtor]. He shall be brought into court (in ius).

3. Unless he (the debtor) discharge the debtor unless someone appear in court (in iure) to guarantee payment for him, he (the creditor) shall take [the debtor] with him. He shall bind [him] either with thong or with fetters, of which the weight shall be not less than fifteen pounds or shall be more if he (the creditor) choose.

4. If he (the debtor) chooses, he shall live on his own [means]. If he lives not on his own [means], [the creditor,] who shall hold him in bonds, shall give [him] a pound of bread daily; if he (the creditor) shall so desire, he shall give [him] more.

5. Unless they (the debtors) make a compromise, they (the debtors) shall be held in bonds for sixty days. During those days they shall be brought to [the magistrate] into the comitia (meeting-place) on three successive markets […]”[20]

The five mandates of the Twelve Tables encompassing debt created a new understanding within social classes in ancient Rome that ensured financial exploitation would be limited within legal business transactions.

Table IV: Right of Familial Heads

The fourth table of the Twelve Tables deals with the specific rights of Patriarchs of families. One of the first proclamations of the Table IV is that "dreadfully deformed" children must be quickly euthanized. It also explains that sons are born into inheritance of their family. Babies with physical and mental diseases must be killed by the father himself. If a husband no longer wants to be married to his wife he can remove her from their household and "order her to mind her own affairs"[21] Not all of the codes of table IV are to the benefit of only the patriarch. If a father attempts to sell his son three times then the son earns his freedom from the father.

Women: Tables V, VI & X

The Twelve Tables have three sections that pertain to women as they concern estates and guardianship, ownership and possession, and religion, which give a basic understanding as to the legal rights of females.

  • Table V (Estates and Guardianship): “Female heirs should remain under guardianship even when they have attained the age of majority, but exception is made for the Vestal Virgins.”[19]
  • Table VI (Ownership and Possession): “Where a woman, who has not been united to a man in marriage, lives with him for an entire year without interruption of three nights, she shall pass into his power as his legal wife.”[19]
  • Table X (Religion): “Women shall not during a funeral lacerate their faces, or tear their cheeks with their nails; nor shall they utter loud cries bewailing the dead.”[19]

One of the aspects highlighted in the Twelve Tables is a woman's legal status and standing in society. Women were considered to be under a form of guardianship similar to that of minors,[22] and sections on ownership and possession give the impression that women were considered to be akin to a piece of real estate or property due to the use of terms such as "ownership" and "possession".[22]

Table VII: Land Rights and Crimes

This table outlines the attitudes towards property. The following are all rules about property:[21]

  • Boundary disputes are settled by third-parties.
  • Road widths are eight feet wide on straight parts and double that on turns.
  • People who live near the road are in charge of maintaining it, however if a road is not well maintained then carts and animals can be ridden where the riders want to.
  • Property owners can request removal of trees that have been blown onto their property
  • Fruit that falls from a tree onto a neighbor's property still belongs to the original tree owner.

Table VIII: Torts and Delicts (Laws of Injury)

Torts are laws dealing with litigating wrongs that occur between citizens. One such situation is that of physical injury, retaliation for which can range from dealing the perpetrator an injury in kind, to monetary compensation to the injured. This table also establishes the legal ramifications for damage dealt to property by animals and damage dealt to crops by people or animals. The penalty for stealing crops is hanging as sacrifice to Ceres.[21]

The table also describes several laws dealing with theft.

Table IX: Public Law

This section of the tables makes it illegal for anyone to define what a citizen of Rome is with the exception of the greatest assembly, or maximus comitatus. It also outlaws execution of those who are unconvicted, bribery of judges, and extradition of a citizen to enemy powers.[21]

The Supplements: Tables XI & XII

  • Table XI (Marriage Between Classes): A person of a certain class shall not partake in marriage with a person of a lower class.
  • Table XII (Binding into Law): If a slave shall have committed theft or done damage with his master's knowledge, the action for damages is in the slave's name.

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Patrician (ancient Rome)

Patrician (ancient Rome)

The patricians were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after the Conflict of the Orders. By the time of the late Republic and Empire, membership in the patriciate was of only nominal significance.

Roman economy

Roman economy

The study of the Roman economy, which is, the economies of the ancient city-state of Rome and its empire during the Republican and Imperial periods remains highly speculative. There are no surviving records of business and government accounts, such as detailed reports of tax revenues, and few literary sources regarding economic activity. Instead, the study of this ancient economy is today mainly based on the surviving archeological and literary evidence that allow researchers to form conjectures based on comparisons with other more recent pre-industrial economies.

Tort

Tort

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

Delict

Delict

Delict is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct.

Social class in ancient Rome

Social class in ancient Rome

Social class in ancient Rome was hierarchical, with multiple and overlapping social hierarchies. An individual's relative position in one might be higher or lower than in another, which complicated the social composition of Rome.

Vestal Virgin

Vestal Virgin

In ancient Rome, the Vestal Virgins or Vestals were priestesses of Vesta, virgin goddess of Rome's sacred hearth and its flame.

Ceres (mythology)

Ceres (mythology)

In ancient Roman religion, Ceres was a goddess of agriculture, grain crops, fertility and motherly relationships. She was originally the central deity in Rome's so-called plebeian or Aventine Triad, then was paired with her daughter Proserpina in what Romans described as "the Greek rites of Ceres". Her seven-day April festival of Cerealia included the popular Ludi Ceriales. She was also honoured in the May lustration (lustratio) of the fields at the Ambarvalia festival: at harvest-time: and during Roman marriages and funeral rites. She is usually depicted as a mature woman.

Influence and significance

Roman civilians examining the Twelve Tables after they were first implemented.
Roman civilians examining the Twelve Tables after they were first implemented.

The Twelve Tables are often cited as the foundation for ancient Roman law. The Twelve Tables provided an early understanding of some key concepts such as justice, equality, and punishment.[23] Although legal reform occurred soon after the implementation of the Twelve Tables, these ancient laws provided social protection and civil rights for both the patricians and plebeians. At this time, there was extreme tension between the privileged class and the common people resulting in the need for some form of social order. While the existing laws had major flaws that were in need of reform, the Twelve Tables eased the civil tension and violence between the plebeians and patricians.[24]

The Twelve Tables also heavily influenced and are referenced in later Roman Laws texts, especially The Digest of Justinian I. Such laws from The Digest that are derived from the Twelve Tables are the legal recompense for damage caused by an animal, protocol for inheritances, and also laws about structural property damage.[25]

The influence of the Twelve Tables is still evident in the modern day. The Twelve Tables play a significant role in the basis of the early American legal system. Political theorists, such as James Madison have highlighted the importance of the Twelve Tables in crafting the United States Bill of Rights.[26] The idea of property was also perpetuated in the Twelve Tables, including the different forms of money, land, and slaves. An additional example, the Twelve Tables are tied into the notion of Jus Commune, which translates as "common law", but is commonly referred to as "civil law" in English-speaking countries. Some countries including South Africa and San Marino still base their current legal system on aspects of jus commune.[24] In addition, law school students throughout the world are still required to study the Twelve Tables as well as other facets of Roman Law in order to better understand the current legal system in place.[27]

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Roman law

Roman law

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

Justice

Justice

Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings.

Equality before the law

Equality before the law

Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery.

Punishment

Punishment

Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is.

Social protection

Social protection

Social protection, as defined by the United Nations Research Institute for Social Development, is concerned with preventing, managing, and overcoming situations that adversely affect people's well-being. Social protection consists of policies and programs designed to reduce poverty and vulnerability by promoting efficient labour markets, diminishing people's exposure to risks, and enhancing their capacity to manage economic and social risks, such as unemployment, exclusion, sickness, disability, and old age. It is one of the targets of the United Nations Sustainable Development Goal 10 aimed at promoting greater equality.

Patrician (ancient Rome)

Patrician (ancient Rome)

The patricians were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after the Conflict of the Orders. By the time of the late Republic and Empire, membership in the patriciate was of only nominal significance.

Plebeians

Plebeians

In ancient Rome, the plebeians were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words "commoners". Both classes were hereditary.

Digest (Roman law)

Digest (Roman law)

The Digest, also known as the Pandects, is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books.

James Madison

James Madison

James Madison Jr. was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights.

United States Bill of Rights

United States Bill of Rights

The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).

Jus commune

Jus commune

Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements.

Ancient sources

The Twelve Tables are no longer extant: although they remained an important source through the Republic, they gradually became obsolete, eventually being only of historical interest.[2] The original tablets may have been destroyed when the Gauls under Brennus burned Rome in 387 BC. Cicero claimed that he learned them by heart as a boy in school but that no one did so any longer.[28] Since the early second century BC, Roman Republican scholars wrote commentaries upon the Twelve Tables, such as Lucius Aelius Stilo,[29] teacher of both Varro and Cicero.[30]

Language

Parts of the text of the Twelve Tables were preserved in the brief excerpts and quotations from the original laws in other ancient authors. All Roman sources quote the Twelve Tables in a modernised form of Latin.[31] It is likely that the extant quotations of the text contain a multiplicity of layers of modernisation. It is believed that the process of this interlingual translation began at some point during the third or second century BC when the text of the Twelve Tables was no longer understandable in its entirety.[32] As such, though it cannot be determined whether the quoted fragments accurately preserve the original form of Latin, what is present gives some insight into the grammar of early Latin.

Even in the updated form, certain Latin terms used in the Twelve Tables were difficult to understand in the late Roman Republic. For instance, when Cicero reports that Roman commentators did not understand a particular point in the Twelve Tables, we should expect that his example was not unique.[33] According to Cicero, the law of the Twelve Tables introduced limits on the expense of the funeral arrangements. One of those rules, Cicero explains, was subject to various interpretations because of the difficulty to understand the archaic Latin term of lessus:

After limiting the expense, then, to three veils, a small purple tunic, and ten pipers, the law [of the Twelve Tables] goes on to do away with lamentation: ‘Women shall not scratch their cheeks or have a lessus on the occasion of a funeral’. The old interpreters, Sextus Aelius and Lucius Acilius, said they were not sure what this meant, but suspected it was some kind of funeral garment. Lucius Aelius takes lessus to be a mournful wailing, as the word itself suggests. I tend to believe this second explanation, since that is the very thing that Solon’s law forbids.[34]

Some claim that the text was written as such so plebeians could more easily memorize the laws, as literacy was not commonplace during early Rome.

Form and structure

The fragment of lawcode of Gortyn in Crete (around 450 BC). This Greek lawcode was inscribed in twelve columns on the inner face of a circular wall. Scholars observed that its content and focus on the private law offers striking parallels with the Twelve Tables[35]
The fragment of lawcode of Gortyn in Crete (around 450 BC). This Greek lawcode was inscribed in twelve columns on the inner face of a circular wall. Scholars observed that its content and focus on the private law offers striking parallels with the Twelve Tables[35]

According to ancient authors initially the Twelve Tables were recorded as an epigraphic text inscribed on twelve bronze tablets. It is believed that at some later stage the text of the Twelve Tables became a literary text. Some scholars suggest that the text at this time was rewritten and kept as a small ancient book.[36] For instance, Cicero terms the laws ‘a single booklet’ (unus libelus in Latin).[37] In the ancient world, the laws inscribed on bronze were often not easy to read but tended to serve a symbolic and religious purpose.[38] It is likely that the law became literary text at some point during the fourth century BC. It was the time when the Roman civil law began to be administered by curule magistrates.[39] It is likely that state administrators would have found it more convenient to consult the law in book form. Therefore, it is likely that the twelve bronze tables would have become obsolete.[40]

Like most other early codes of law, the Twelve Tables were largely procedural, combining strict and rigorous penalties with equally strict and rigorous procedural forms. In most of the surviving quotations from these texts, the original table that held them is not given. Scholars have guessed where surviving fragments belong by comparing them with the few known attributions and records, many of which do not include the original lines, but paraphrases. It cannot be known with any certainty from what survives that the originals ever were organized this way, or even if they ever were organized by subject at all.[2]

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Roman Republic

Roman Republic

The Roman Republic was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world.

Gaul

Gaul

Gaul was a region of Western Europe first clearly described by the Romans, encompassing present-day France, Belgium, the Netherlands, Luxembourg, and parts of Switzerland, Germany, and Northern Italy. It covered an area of 494,000 km2 (191,000 sq mi). According to Julius Caesar, who took control of the region on behalf of the Roman Republic, Gaul was divided into three parts: Gallia Celtica, Belgica, and Aquitania.

Cicero

Cicero

Marcus Tullius Cicero was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the establishment of the Roman Empire. His extensive writings include treatises on rhetoric, philosophy and politics. He is considered one of Rome's greatest orators and prose stylists. He came from a wealthy municipal family of the Roman equestrian order, and served as consul in 63 BC.

Lucius Aelius Stilo Praeconinus

Lucius Aelius Stilo Praeconinus

Lucius Aelius Stilo Praeconinus, of Lanuvium, was the earliest known philologist of the Roman Republic. He came from a distinguished family and belonged to the equestrian order.

Marcus Terentius Varro

Marcus Terentius Varro

Marcus Terentius Varro was a Roman polymath and a prolific author. He is regarded as ancient Rome's greatest scholar, and was described by Petrarch as "the third great light of Rome". He is sometimes called Varro Reatinus to distinguish him from his younger contemporary Varro Atacinus.

Old Latin

Old Latin

Old Latin, also known as Early Latin or Archaic Latin, was the Latin language in the period before 75 BC, i.e. before the age of Classical Latin. It descends from a common Proto-Italic language; Latino-Faliscan is likely a separate branch from Osco-Umbrian with possible further relation to other Italic languages and to Celtic; e.g. the Italo-Celtic hypothesis.

Gortyn code

Gortyn code

The Gortyn code was a legal code that was the codification of the civil law of the ancient Greek city-state of Gortyn in southern Crete.

Epigraphy

Epigraphy

Epigraphy is the study of inscriptions, or epigraphs, as writing; it is the science of identifying graphemes, clarifying their meanings, classifying their uses according to dates and cultural contexts, and drawing conclusions about the writing and the writers. Specifically excluded from epigraphy are the historical significance of an epigraph as a document and the artistic value of a literary composition. A person using the methods of epigraphy is called an epigrapher or epigraphist. For example, the Behistun inscription is an official document of the Achaemenid Empire engraved on native rock at a location in Iran. Epigraphists are responsible for reconstructing, translating, and dating the trilingual inscription and finding any relevant circumstances. It is the work of historians, however, to determine and interpret the events recorded by the inscription as document. Often, epigraphy and history are competences practised by the same person. Epigraphy is a primary tool of archaeology when dealing with literate cultures. The US Library of Congress classifies epigraphy as one of the auxiliary sciences of history. Epigraphy also helps identify a forgery: epigraphic evidence formed part of the discussion concerning the James Ossuary.

Modern reconstructions

In Roman historical and legal sources ancient writers referenced and discussed the laws of the Twelve Tables in numerous fragments. However, during the Early Middle Ages the knowledge of the Twelve Tables was lost. The reconstruction of the text started with the rediscovery of Corpus Iuris in the Late Middle Ages.[41] The first attempt of the recovery of the laws was made by the French legal historian Aymar du Rivail in his Libri de Historia Juris Civilis et Pontificii (1515).[42] His work was followed by more publications on the Twelve Tables by Alessandro d'Alessandro (1522) and Johannes Tacuinus (1525). [43]

Jacques Godefroy
Jacques Godefroy

The fundamental work of the reconstruction of the Twelve Tables appeared in Jacques Godefroy's publication of the law of the Twelve Tables in 1616. Godefroy's reconstruction was based on the order of Gaius' Ad legem XII tabularum (On the Law of the Twelve Tables), compiled in the Digest, from which many of the provisions of the Twelve Tables came to us. Godefroy believed that Gaius in his work followed the original order of the Twelve Tables. Since Gaius' work was divided into six books, Godefroy assumed that each book covered two tables and that each table focused on a certain matter.

The most important modern reconstruction of the Twelve Tables was published by the German legal historian Heinrich Eduard Dirksen in his work of A Review of the attempts hitherto made at the criticism and restoration of the text of the fragments of the Twelve Tables (Leipzig, 1824).[44] Dirksen's work, based on the principles and discoveries of Godefroy, is now considered to be the most authoritative reconstructions of the Twelve Tables. In 1866 Rudolf Schöll reconstruction in Legis Duodecim Tabularum Reliquiae followed Dirksen's model.[45] The first full English publication of the Dirksen's reconstruction was prepared and translated by Eric Herbert Warmington in the Remains of Old Latin, Volume III: Lucilius. The Twelve Tables in 1938 (No. 329 edition in the Loeb Classical Library).[46]

In the last couple of decades, one of the most prominent reconstructions of the law of the Twelve Tables was Michael H. Crawford's work of Roman Statutes, vol. 2 (London, 1996). In this new version, Crawford and the team of specialists reconsidered the conventional arrangement of the laws based on Dirksen and his followers. They concluded that this conventional grouping of the rules was wrong and offered their new arrangement. For instance, the laws relating to iniuria and furtum were moved from the eighth table (Tabula VIII) to the first table (Tabula I). Similarly, the law on the conditionally freed slaves was moved from Tabula IV to Tabula VI.[47]

List of modern reconstructions

  • Godefroy, Jacques, 1616, Fragmenta XII. Tabularum, suis nunc primum tabulis restituta: probationibus, notis, & indice munita / Iacobo Gothofredo in Parlamento Parisiensi advocato auctore, Heidelbergae: Typis Johannis Lancelloti.
  • Dirksen, Heinrich Eduard, 1824, Übersicht der bisherigen Versuche zur Kritik und Herstellung des Textes der. Zwölf-Tafel-Fragmente, Leipzig, Duncker & Humblot.
  • Schöll, Rudolf, 1868, Leges XII tabularum reliquiae, Leipzig, Duncker & Humblot.
  • Voigt, Moritz, 1883, Die XII Tafeln: Geschichte und System des Civil-und Criminal-Rechtes, wie-Processes der XII Tafeln nebst deren Fragmenten, Leipzig: A.G. Liebeskind.
  • Riccobono, Salvatore, 1941, Fontes iuris romani antejustiniani I, Florence, 21-75.
  • Girard, Paul Frédéric et Senn, Félix, 1977, Les lois des Romains, septiéme édition par un groupe de romanistes, Paris and Naples: Jovene Editore, 25-73.
  • Crawford, Michael H. (ed.), 1996, Roman Statutes, vol. 2, London: Institute of Classical Studies, 555-722.
  • Flach, Dieter, 2004, Das Zwölftafelgesetz. Leges XII tabularum. Wissenschaftliche Buchgesellschaft, (Texte zur Forschung. Band 83), Darmstadt, ISBN 3-534-15983-7.

Discover more about Modern reconstructions related topics

Corpus Juris Civilis

Corpus Juris Civilis

The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian.

Gaius (jurist)

Gaius (jurist)

Gaius was a Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name (praenomen). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since he wrote on legislation passed within that time.

Digest (Roman law)

Digest (Roman law)

The Digest, also known as the Pandects, is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books.

E. H. Warmington

E. H. Warmington

Eric Herbert Warmington, MA, FRHistS was a professor of classics, internationally known for his Latin translations.

Loeb Classical Library

Loeb Classical Library

The Loeb Classical Library is a series of books originally published by Heinemann in London, but is currently published by Harvard University Press. The library contains important works of ancient Greek and Latin literature designed to make the text accessible to the broadest possible audience by presenting the original Greek or Latin text on each left-hand page, and a fairly literal translation on the facing page. The General Editor is Jeffrey Henderson, holder of the William Goodwin Aurelio Professorship of Greek Language and Literature at Boston University.

Michael Crawford (historian)

Michael Crawford (historian)

Michael Hewson Crawford, is a British ancient historian and numismatist. Having taught at Christ's College, Cambridge and the University of Cambridge, he was Professor of Ancient History at University College London from 1986 until he retired in 2005.

Iniuria

Iniuria

Iniuria was a delict in Roman law for the outrage, or affront, caused by contumelious action taken against another person.

Furtum

Furtum

Furtum was a delict of Roman law comparable to the modern offence of theft despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of furtum protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse.

Source: "Twelve Tables", Wikipedia, Wikimedia Foundation, (2023, March 6th), https://en.wikipedia.org/wiki/Twelve_Tables.

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Footnotes
  1. ^ Jolowicz, H.F. Historical Introduction to the Study of Roman Law (Cambridge, 1952), 108
  2. ^ a b c d e Crawford, M.H. 'Twelve Tables' in Simon Hornblower, Antony Spawforth, and Esther Eidinow (eds.) Oxford Classical Dictionary (4th ed.)
  3. ^ Book: "The Age of Classical Civilization"; Chapter "The Twelve Tables c. 450 BC"; p. 27
  4. ^ Mommsen, T. The History of Rome trans. W.P. Dickson (London, 1864) 290
  5. ^ Steinberg, S. 'The Twelve Tables and Their Origins: An Eighteenth-Century Debate' Journal of the History of Ideas Vol. 43, No. 3 (1982) 379–396, 381
  6. ^ Digest, 1.2.2.7.
  7. ^ Harries, Jill, 2007, “Roman Law Codes and the Roman Legal Tradition,” in Beyond Dogmatics. Law and Society in the Roman World, eds. John W. Cairns and Paul du Plessis, Edinburgh: Edinburgh Studies in Law, 88.
  8. ^ Cicero, De Legibus, 2.29
  9. ^ Dyck, Andrew Roy, 2004, A Commentary on Cicero, De Legibus, Ann Arbor: University of Michigan Press, 405.
  10. ^ Livy, 3.9-64; Dionysius of Halicarnassus, Ant. Rom., 10.1-11.50.
  11. ^ Diodorus Siculus, 12.24-6; Sextus Pomponius, Digest, 1.2.4.
  12. ^ Livy, 3.33-41.
  13. ^ du Plessis, Paul (2010). Borkowski's Textbook on Roman Law (4th ed.). Oxford. pp. 5–6, 29–30. ISBN 978-0-19-957488-9.
  14. ^ Livy, 2002, p. 23
  15. ^ Durant, 1942, p. 23
  16. ^ Steinberg, S. 'The Twelve Tables and Their Origins: An Eighteenth-Century Debate' Journal of the History of Ideas Vol. 43, No. 3 (1982) 379–396
  17. ^ Grant, Michael (1978). History of Rome (1st ed.). Prentice Hall. p. 75. ISBN 0-02-345610-8.
  18. ^ McCarty, Nick "Rome The Greatest Empire of the Ancient World", The Rosen Publishing Group, 2008
  19. ^ a b c d e Mellor, Ronald (2013). The historians of ancient Rome: an anthology of the major writings. Routledge. ISBN 978-0415527163. OCLC 819515201.
  20. ^ a b c d Coleman-Norton, P.R. (1960). The Twelve Tables. Princeton: Princeton University, Dept. of Classics.
  21. ^ a b c d Anonymous (January 24, 2005). The Twelve Tables. Gutenberg Press.
  22. ^ a b Hurri, Samuli (November 2005). "The Twelve Tables" (PDF). NoFo. 1: 13–23.
  23. ^ Gary, Forsythe. A Critical History of Early Rome: From Prehistory to the First Punic War. 1st ed., University of California Press, 2005, www.jstor.org/stable/10.1525/j.ctt1ppxrv.
  24. ^ a b "Law in Ancient Rome, The Twelve Tables". www.crystalinks.com. Retrieved 2017-05-08.
  25. ^ Watson, Alan (March 12, 2009). The Digest of Justinian, Volume 1. University of Pennsylvania Press. pp. 276, 379, 315. ISBN 9780812205510.
  26. ^ Denis, Fustel De Coulanges Numa. The Ancient City a Study on the Religion, Laws, and Institutions of Greece and Rome. Baltimore: Johns Hopkins UP, 2010. Print.
  27. ^ Baker, Keir (2016-04-11). "Studying Roman law: Juno it's more useful than you'd think". The Guardian. ISSN 0261-3077. Retrieved 2017-05-08.
  28. ^ Cic. Leg. 2.59
  29. ^ cf. Funaioli GRF p57
  30. ^ Cicero, Brutus 205; Aulus Gellius, Attic Nights 16.8.2.
  31. ^ Crawford, Michael H., 1996,Roman Statutes, vol. 2, London: Institute of Classical Studies, 571.
  32. ^ Forsythe, Gary, 2005, A Critical History of Early Rome. From Prehistory to the First Punic War, Berkeley and Los Angeles, London: University of California Press, 227-228.
  33. ^ Wiseman, Timothy Peter, 2008, Unwritten Rome, Exeter: University of Exeter Press, 11-12.
  34. ^ Translation from Latin by Niall Rudd in Cicero, The Republic and The Laws, first published 1998, reissued 2008, Oxford, New York: Oxford University Press, 146.
  35. ^ Forsythe, Gary, 2005, A Critical History of Early Rome. From Prehistory to the First Punic War, Berkeley and Los Angeles, London: University of California Press, 202-203
  36. ^ Forsythe, Gary, 2005, A Critical History of Early Rome. From Prehistory to the First Punic War, Berkeley and Los Angeles, London: University of California Press, 227-228.
  37. ^ Cicero, De Oratore, 1.195
  38. ^ Williamson, Callie, 1987, 'Monuments of Bronze: Roman Legal Documents on Bronze', Classical Antiquity 6, 160-183.
  39. ^ Forsythe, Gary, 2005, A Critical History of Early Rome. From Prehistory to the First Punic War, Berkeley and Los Angeles, London: University of California Press, 228.
  40. ^ Forsythe, Gary, 2005, A Critical History of Early Rome. From Prehistory to the First Punic War, Berkeley and Los Angeles, London: University of California Press, 228.
  41. ^ Oliviero Diliberto, “Umanesimo giuridico-antiquario e palingenesi delle XII Tavole,” in Annali del Dipartimento di Storia del Diritto della Università degli Studi di Palermo 50 (2005): 1–23; Diliberto, “La palingenesi decemvirale,” 481–501; Pierfranceso Arces, “Apuntti per una storia dei tentativi di palingenesi della legge delle XII Tavole,” Rivista di Diritto Romano 8 (2008): 1–15; and Jean-Lois Ferrary, “Saggio di storia della palingenesi delle Dodici Tavole,” in Le dodici tavole. Dai decemviri agli umanisti, ed. Michel Humbert (Pavia: Iuss Press, 2005), 503–556.
  42. ^ Crawford, Michael H., Roman Statutes, vol. 2 (London: Institute of Classical Studies, 1996), 564.
  43. ^ Crawford, Michael H., Roman Statutes, vol. 2 (London: Institute of Classical Studies, 1996), 564.
  44. ^ Original title in German: Uebersicht der bisherigen Versuche zur Kritik und Hestellung des Textes der Zwölf-Tafel-Fragmente. More in Crawford, Michael H., Roman Statutes, vol. 2 (London: Institute of Classical Studies, 1996), 564.
  45. ^ Schöll, Rudolf, Legis Duodecim Tabularum Reliquiae (Leipzig: B.G. Teubner, 1866).
  46. ^ Warmington, Eric Herbert, 1938,Remains of Old Latin, Volume III: Lucilius. The Twelve Tables, No.329 edition, Loeb Classical Library, London & Cambridge, 424-515.
  47. ^ Crawford, Michael H., Roman Statutes, vol. 2 (London: Institute of Classical Studies, 1996), 564, 568.
Works cited
Further reading
  • Cornell, T.J. 1995. The Beginnings of Rome: Italy and Rome from the Bronze Age to the Punic Wars (c. 1000-264 B.C.), London: Routledge, Routledge History of the Ancient World.
  • Harries, Jill. 2007. “Roman Law Codes and the Roman Legal Tradition.” In Beyond Dogmatics: Law and Society in the Roman World, Edited by Cairns, John W. and Du Plessis, Paul J. Edinburgh studies in law; 3, 85–104. Edinburgh: Edinburgh University Pr.
  • Tellegen-Couperus, Olga ed. 2011. Law and Religion in the Roman Republic, Mnemosyne supplements. History and Archaeology of Classical Antiquity, 336. Leiden; Boston: Brill.
  • Watson, Alan. 1976. Rome of the XII Tables. Persons and Property, Princeton and London: Princeton University Press.
  • Watson, Alan. 1992. The State, Law and Religion: Pagan Rome, University of Georgia Press.
  • Westbrook, Raymond. 1988. "The Nature and Origins of the Twelve Tables." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Romanistische Abteilung, CV, 74–121.
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