In addition to these early problems, some specific laws in the original tables did not last very long, such as the one prohibiting mixed marriages between patricians and plebeians. This law was repealed in 445 BC. J.-C. with the promulgation of the lex Canulea. Other laws within the Twelve Tablets were modified over time and gradually replaced by laws more relevant to the development of Roman society and the spectacular expansion of the Republic from the 3rd century BC. In the West, Justinian`s political authority never went further than parts of the Italian and Hispanic peninsulas. In the legal texts published by the Germanic kings, however, the influence of the early Eastern Roman codes on some of them is quite recognizable. In many early Germanic states, Roman citizens were still governed by Roman law for some time, even though members of the various Germanic tribes were governed by their respective codes. This section of the tables makes it illegal for anyone to define what a citizen of Rome is, except for the largest assembly or maximus comitatus. It also prohibits the execution of persons who have not been convicted, the bribery of judges and the extradition of a citizen to hostile powers.
[15] Offences are laws dealing with disputes between citizens. One such situation is that of bodily injury, the reprisals for which can range from material damage to financial compensation to the injured party. This table also lists the legal consequences of property damage caused by animals and damage to crops by humans or animals. The sentence for grain theft is suspended as a victim for Ceres. [15] The “Twelve Tables” set forth in the Forum explained the rights and duties of the Roman citizen. Its formulation was the result of considerable agitation by the plebeian class, which until then had been excluded from the higher achievements of the Republic. The law had not previously been written and interpreted exclusively by the priests of the upper class, the pontificates. Part of the attention with which later Romans viewed the Twelve Tablets is noted in Cicero`s (106-43 BC) remark that the “Twelve Tables .. seems to me to surpass the libraries of all philosophers, both in authority and utility.” Cicero was hardly exaggerating; the Twelve Tablets formed the basis of Roman law for a thousand years. [3] The laws dealing with the Twelve Tables were a means of publicly displaying the rights that every citizen had in the public and private spheres. These twelve tablets showed what was once considered in Roman society as 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 relations, and the Roman plebeians, who had little education or experience in understanding the law. By revealing to the public the unwritten rules of society, the Twelve Tablets offered the plebeians the opportunity to avoid financial exploitation and rebalance the Roman economy. The 12 tablets were ancient Rome`s attempt to write laws and create a code of law, as most advanced civilizations did. The 12 tables are similar to what the U.S. now calls the Bill of Rights. These laws formed the basis of ancient Roman law. Roman law began in 451 BC. AD with these 12 tablets and lasted a century until the Corpus Juris Civilis in 529 AD. The Corpus Juris Civilis was also known as the Code of Justinian and was a collection of legal theories and studies.
It was very different from the 12 tables, as it hoped for a better understanding of the legal system and was much more complex. It should also be noted that the 12 tablets are the earliest known written documents of ancient Rome. Not much remains of these laws, except for fragments found throughout history. Other collections of laws include the 3rd century Codex Gregorianus (published around 292 AD) and the Codex Hermogenianus (published in 295 AD). Both are named after eminent jurists during Diocletian`s reign and together comprise more than 2,500 texts. There is also the Theodosian Codex, a collection of more than 2,700 laws compiled in the 430s and completed in the following years, and finally the Codex Iustinianus (528-534 AD), which summarizes and develops the older codices. The laws of the Twelve Tablets were the legislation that formed the basis of Roman law. The tablets were officially promulgated in 449 BC. AD and consolidated earlier traditions into a permanent body of law. [1] [2] Much was going on with the Republic in ancient Rome and this new government required a structure to ensure successful government.
The government should develop a system that helps protect the interests of those affected. It became the writing of laws. Anything that is not written can cause doubt and uncertainty. In addition, laws cannot be enforced if there are no written documents to assist executives and officials. The lack of written laws also infuriated ancient Roman citizens, as many of them were punished for breaking laws they were unaware of. For this reason, ancient Rome adopted the practice of writing laws, directives and regulations. Ancient Rome held officials responsible for enforcing these laws. The Twelve Tablets (also known as the Law of the Twelve Tablets) were a series of laws inscribed on 12 bronze tablets written in 451 and 450 BC.
Created in ancient Rome. They marked the beginning of a new approach to the laws that were now passed and written by the government so that all citizens before them could be treated equally. In the period between about 201 and 27 BC. We can see the development of more flexible laws to meet the needs of the time. In addition to the old and formal ius civile, a new legal class was created: the ius honorarium, which can be defined as “The law introduced by magistrates who had the right to issue edicts to support, supplement or correct the existing law”. [5] This new law abandons the old formalism and uses new, more flexible principles of ius gentium. The first written law of Rome was created on twelve bronze tablets in 450 BC. These tablets were displayed in the Forum so that all ancient Roman citizens could see and understand them. This was called the law of the twelve tablets. It is important to remember that as the ancient Roman Empire expanded and society changed, tablets became a firm symbol of ancient Roman law. The exact reason why the paintings were created may have been lost in the mists of time, but once they were written, their contents were systematically referenced in later Roman written works.
Unfortunately, the tablets themselves did not survive and, according to tradition, were destroyed during the founding of Rome in 390 BC. It was plundered by the Gauls. From a few remaining fragments and these references in the literature, it is possible to identify at least some peculiarities. Perhaps one of the greatest advantages of Roman law and its legal systems was that as the empire grew and the population became more diverse, the law and its protection of citizens acted as a binding force for communities, promoting the expectation that a citizen`s rights (and over time even the rights of a non-citizen) would be respected and that a system was in place. could be redressed by injustice. In addition, the Romans transmitted to us not only many legal concepts that are still used today in the field of jurisprudence, but also their passion and expertise for precise and accurate legal terminology to avoid ambiguities or even misinterpretations of the law, an approach that all modern legal documents try to emulate. These 12 tables were created because of the long struggle between the people (plebeians) and the respected elite of ancient Rome (patricians). Ancient Rome was made up of wealthy landowners who had power and the right to vote. It was only when patricians constituted the bulk of the ruling class that laws were created to protect their own interests. These laws were enforced by the magistrates and the two consuls. Roman magistrates were elected officials in ancient Rome.
The Twelve Tablets are no longer preserved: although they remained an important source during the Republic, they gradually became obsolete and ultimately had only historical interest. [2] The original tablets may have been destroyed when the Gauls burned Rome under Brennus in 387 BC.