Anaya Nolan
The legal system of ancient Rome, Roman law, has influenced legal systems around the world. Roman law includes legal developments spanning over a thousand years, from the Twelve Tables (c. 449 BC) to the Corpus Juris Civilis (AD 529). The first written Roman law code was created in 450 BC on twelve bronze tablets, displayed in the Forum for all citizens to see. The Twelve Tables were not a reform but a recognition of the prerogatives of the patrician class and the patriarchal family. They established basic procedural rights for all Roman citizens and gave protection of certain rights, which was innovative for the time.
| Characteristics | Values |
|---|---|
| First written law code | The Law of the Twelve Tables |
| Date of creation | 451-450 BC |
| Reason for creation | To prevent magistrates from applying the law arbitrarily and to ensure citizens knew the laws |
| Material written on | Stone and bronze tablets |
| Contents | Basic procedural rights for all Roman citizens, rights of patriarchs, laws on marriage between classes, and laws on theft or damage committed by slaves |
| Authors | 10 commissioners (decemvirs) |
| Later developments | The Corpus Juris Civilis (AD 529), also known as the Code of Justinian, a collection of theories of laws |
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What You'll Learn
The Law of the Twelve Tables was the first written Roman law
The Law of the Twelve Tables was the result of a long social struggle between the patricians and plebeians, known as the conflict of the orders. The plebeians were Rome's labor force and threatened to leave the city, which would have brought it to a halt. The formulation of the law was proposed by the plebeian tribune, C. Terentilius Arsa, to prevent magistrates from applying the law arbitrarily. The first decemviri (decemvirate, or "board of Ten Men") were appointed to draw up the first ten tables. The second decemvirate completed the last two codes, and the Law of the Twelve Tables was formally promulgated after a plebeian protest.
The Twelve Tables established basic procedural rights for all Roman citizens and stated the rights and duties of the Roman citizen. They also included mandates on debt, specific rights of family patriarchs, and marriage between classes. For example, Table XI stated that "a person of a certain class shall not partake in marriage with a person of a lower class." The tablets also made it illegal for anyone to define what a citizen of Rome was, with the exception of the maximus comitatus, or greatest assembly.
The original text of the Twelve Tables has not been preserved, but modern reconstructions have been attempted based on fragments and references in later juridical writings. The Twelve Tables are still studied by law school students worldwide to better understand the current legal system. They are considered a prime legal source and were never formally abolished, although they gradually became obsolete over time.
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Roman law was developed over a thousand years
The legal system of ancient Rome, Roman law, developed over a thousand years, from the founding of the city in 753 BCE to the fall of the Western Empire in the 5th century CE. The legal institutions evolved by the Romans influenced the laws of other nations long after the disappearance of the Roman Empire.
The first legal text of Roman law is the Law of the Twelve Tables, which dates from the mid-fifth century BCE. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written to prevent magistrates from arbitrarily applying the law. The Law of the Twelve Tables established basic procedural rights for all Roman citizens and changed Roman law from an arbitrary system based on customary law to a transparent system of lasting prestige. The five mandates of the Twelve Tables concerning debt created a new understanding within social classes in ancient Rome that ensured financial exploitation would be limited within legal business transactions.
The office of praetor was created in 367 BCE to take over the expanding legal work involving citizens. Later, a separate praetor was created to deal with foreigners. During the later stages of the republic, these praetorian and magisterial edicts became an instrument of legal reform. In addition to civil law, the Romans developed the concept of jus gentium (law of nations), which was applied to both citizens and foreigners.
Roman law was further refined and added to by jurists, such as Gnaeus Flavius, who around 300 BCE, published formularies containing the words that had to be spoken in court to begin a legal action. By the time the Roman republic was replaced by the monarchical system of the Principate in 27 BCE, Rome had developed a very sophisticated legal system and a refined legal culture.
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Roman law was only applicable to Roman citizens
Rome is credited with the first written laws, with the first legal text being the Law of the Twelve Tables, dating back to the mid-fifth century BC. This law code established basic procedural rights for all Roman citizens in relation to each other. However, it is important to note that Roman law was specifically designed for and applicable only to Roman citizens.
The Romans divided their law into two main categories: jus scriptum (written law) and jus non scriptum (unwritten law). The former referred to laws derived from legislation and other written sources, while the latter encompassed customs and traditions. Within these categories were several types of laws, such as ius singulare, ius commune, ius publicum, and ius privatum, each serving a specific purpose and applying to different groups of people.
Jus civile, or civil law, was one of the most prominent features of Roman law. It applied exclusively to Roman citizens and was deeply rooted in the Etruscan religion, emphasizing ritual. This law governed the interactions and transactions of Roman citizens, outlining their rights and protections. It is important to note that Roman citizenship had different levels, each associated with varying degrees of rights and protections. For instance, Roman women had limited rights as citizens; they could not vote or hold public office, but they could own property and businesses.
In addition to jus civile, the Romans also developed jus gentium, or the law of nations. This type of law was created to address interactions with foreigners and was applied flexibly to both citizens and non-citizens. It was not the result of legislation but rather evolved from the practices of magistrates and governors responsible for administering justice in cases involving foreigners.
The protections and rights granted by Roman law were a privilege reserved for Roman citizens. While foreigners within Roman borders were afforded some form of justice, they were not subject to the same legal system as citizens. This exclusivity of Roman law to citizens contributed to its complexity and sophistication, influencing legal systems in both the West and parts of the East.
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The Law of the Twelve Tables was written on stone tablets
The Law of the Twelve Tables, written in the mid-fifth century BC, is considered the first legal text of Roman law. The laws were written on tablets, likely made of bronze, and publicly displayed in the Roman Forum. The tablets were destroyed when Rome was conquered and burned by the Gauls in 387 BC, and only fragments and random quotations survive today. However, the substance of the laws has been described as a "code", as they established basic procedural rights for all Roman citizens and displayed what was previously understood as unwritten laws.
The Twelve Tables were the result of a long social struggle between the patricians and plebeians, known as the conflict of the orders. The plebeians, who lacked legal knowledge and often had judgments rendered against them due to unwritten customs, insisted on the creation of written laws to protect their rights. The first decemviri, or "Ten Men", were appointed to draft the first ten tables, with the last two completed by a second set of decemviri. The tablets were then formally promulgated and posted in 450 BC, with the Law of the Twelve Tables being approved by the people's assembly.
The laws covered a range of topics, including debt, rights of patriarchs, marriage between classes, inheritance, and procedural rights for citizens in relation to each other and the courts. For example, Table XI states that "a person of a certain class shall not partake in marriage with a person of a lower class", while Table XII specifies that "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". The Twelve Tables also included provisions to protect plebeians from financial exploitation and added balance to the Roman economy.
The Twelve Tables formed the basis of Roman law for a thousand years, and their influence extended beyond Rome, with law students around the world still studying them today to better understand the development of legal systems. While modern scholars may challenge the accuracy of Latin historians and the exact historical account of the creation of the laws, the Twelve Tables remain a significant and influential aspect of ancient Roman law.
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Roman law was influenced by commercial customs
Roman law, the legal system of ancient Rome, was in force from the time of the city's founding in 753 BCE until the fall of the Western Empire in the 5th century CE. It continued to be used in the Byzantine Empire until 1453. Roman law was the first written law and was influenced by commercial customs and the increasing commercial interests of Rome.
The first legal text of Roman law is the Law of the Twelve Tables, which dates from the mid-5th century BCE. The Law of the Twelve Tables established basic procedural rights for all Roman citizens and included various mandates encompassing debt, which created a new understanding within social classes in ancient Rome that ensured financial exploitation would be limited within legal business transactions. The fourth table of the Twelve Tables deals with the specific rights of family patriarchs.
The Roman Republic's constitution, or mos maiorum ("custom of the ancestors"), was an unwritten, informal, and unofficial set of guidelines and principles passed down mainly through precedent, constantly evolving throughout the life of the Republic. The Romans divided their law into ius scriptum (written law) and ius non scriptum (unwritten law). By “unwritten law” they meant custom; by “written law” they meant not only the laws derived from legislation but, literally, laws based on any written source.
The increasing commercial interests of Rome forced it to protect, by some form of justice, the foreigners who came within its borders. A magistrate could not simply apply Roman law because that was the privilege of citizens; even had there not been this difficulty, foreigners would probably have objected to the cumbersome formalism that characterized the early jus civile. The law that the magistrates applied probably consisted of three elements: (1) an existing mercantile law that was used by the Mediterranean traders; (2) those institutions of the foreign state with which Rome had dealings; and (3) the principles of natural law, or the law of nations.
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Frequently asked questions
No, Rome did not have the first written laws. However, the Law of the Twelve Tables, dating from the mid-fifth century BC, was the first legal text of Roman law.
The Law of the Twelve Tables was a set of laws inscribed on 10 tablets (later 12) that established basic procedural rights for all Roman citizens in relation to each other.
The Twelve Tables established rights and laws relating to property, theft, inheritance, marriage, and punishment. For example, fruit that fell from a tree onto a neighbour's property still belonged to the original tree owner. The penalty for stealing crops was hanging as a sacrifice to Ceres. Babies with physical and mental diseases were to be killed by the father. If a husband no longer wanted to be married to his wife, he could remove her from the household.
Rome adopted the practice of writing laws down to ensure a successful government and protect the interests of those involved. Written laws could be understood and enforced by leaders and officials, and known by citizens.
Rome's first written law code, created in 450 BC, was followed by the Corpus Juris Civilis in 529 AD, also known as the Code of Justinian.
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