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. 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 This law was repealed in 445 BC.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 of the Twelve Tablets were modified over time and enforced from the 3rd century BC. Gradually replaced by laws more relevant to the development of Roman society and the spectacular expansion of the Republic.
Free citizens or citizens have been favored in two parts, one in terms of access to justice and the second in relation to the leges Valeriae, in which the legal status of citizens is recognized by the creation of an assembly that represents them, the concilium plebis, with a legislative status and a seat in the Senate. Like most early legal texts, they were largely procedural, combining harsh and harsh penalties with equally strict and strict forms of procedure. In most surviving quotations from these texts, the original table containing them is not indicated. Scientists have guessed where the surviving fragments belong by comparing them to the few known attributions and records, many of which contain paraphrases rather than the original lines. He cannot know for sure from what has survived that the originals were ever organized this way, or if they were ever organized by theme. [2] Table II shows the amount of each party`s financial commitment depending on the source of the dispute, what to do if the judge is aggrieved and who must provide evidence. [14] Other areas dealt with were procedural areas, such as the ius appeal, which was a private summons. If a plaintiff told the defendant that he wanted to take legal action against him, the defendant was obliged and could even be physically compelled to appear before a judge. Family law was also part of the Twelve Tablets with rules relating to marriage, guardianship, inheritance and funerals. Around 450 BC.
AD, the first decemviri (decemvirate, head of the “Ten Men”) are responsible for creating the first ten tablets. According to Livy, they sent an embassy to Greece to study the legislative system of Athens, known as the Solonian Constitution, but also to inquire about the legislation of other Greek cities. [7] [8] Some scholars deny that the Romans imitated the Greeks in this regard[9] or suspect that they only visited Greek cities in southern Italy and did not travel as far as Greece. [10] In 450 BC. AD, the second decemviri began work on the last two tables. The list of laws seems to have covered most areas of private law, with an emphasis on relationships between individuals (as opposed to individuals vs. State or the rights of non-citizens) and is therefore more a list of civil actions and sanctions than a complete and comprehensive code of laws. He also dealt extensively with areas relevant to an agrarian state. Thus, the crime of arson was punishable by death (poena capitis), in this case burning. The crime of using magic on grain was also punishable by death, this time with a form of crucifixion.
Less severe penalties for property damage were banishment from Rome, loss of citizenship and, as complicity in a crime, confiscation of property. Settlements could also be reached by paying compensation to the complainant and thus avoiding a court. The new Roman Republic wanted to ensure that every citizen knew the laws. So they carved the laws on metal shelves and placed them in the Forum in Rome for everyone to read. These laws were called the Twelve Tablets because there were twelve different sections. These laws dealt with criminality and property and family issues such as marriage and inheritance. Laws, like all laws, have been adapted over time. But the most important laws, whatever they were, were posted on the Forum throughout the period when Rome was a republic. Offences are laws that deal 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] Many of the laws created by senators under the new government were not new laws. But the laws were clearly written and applied equally to all citizens. New laws have been added. A new law stated that you were innocent until you were guilty of a crime. Another law stipulated that every citizen had the right to challenge his accusers in court. The law gave judges the power to strike down unjust laws. Although not a fully codified system, the Twelve Tablets were a first step in protecting the rights of all citizens and redressing injustices through precisely formulated written laws known to all. Therefore, the Roman approach to the right later became the model, which many later civilizations have followed until today. The table also describes several laws dealing with theft. The history of Roman law can be divided into three procedural systems: that of legis actiones, the system of form and cognitio extra ordinem.
The periods in which these systems were used overlapped and did not have definitive breaks, but it can be noted that the legis actio system prevailed from the time of the twelfth tables (about 450 BC) until the end of the 2nd century BC, that the formula method was mainly used from the last century of the Republic to the end of the classical period (c. 200 AD), And that of Cognitio extra Ordinem was used in post-classical times. Again, this data is designed as a tool to understand the types of procedures used, not as a rigid boundary where one system ended and another began. [7] One of the aspects highlighted in the twelve tables is the legal status and position of a woman in society. Women have been considered a form of guardianship similar to that of minors,[16] and the sections on property and possession give the impression that women are slaves who have been considered related to a piece of land or property due to the use of terms such as “possession” and “possession.” [16] 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] Some of the provisions are procedural to ensure fairness among all Romans in court, while other established legal concepts dictate the legality of capital crimes, intentional homicide, treason, perjury, judicial corruption, and the writing of defamatory poems. [13] The Romans valued keeping the peace in the city, and the Twelve Tablets were a mechanism for establishing and maintaining peace and equality.
[13] The Twelve Tablets are also heavily influenced and are mentioned in later texts of Roman laws, especially in The Digest of Justinian I. These laws of the Digest, derived from the Twelve Panels, are legal compensation for damage caused by an animal, the inheritance protocol, as well as the laws on structural damage to property. [19] The Twelve Tablets are often cited as the basis of ancient Roman law. The twelve tables provided a quick understanding of key concepts such as justice, equality and punishment. [17] Although legal reform took place shortly after the introduction of the Twelve Tablets, these ancient laws provided social protection and civil rights for patricians and plebeians. At that time, there were extreme tensions between the privileged class and ordinary people, leading to the need for some form of social order. While existing laws were in dire need of reform, the Twelve Tables eased civil tensions and violence between plebeians and patricians. [18] Before the Twelve Tables (754-449 BC), private law included Roman civil law (ius civile quiritium), which applied only to Roman citizens and was related to religion; underdeveloped, with attributes of strict formalism, symbolism and conservatism, for example.