Cecily Zamora
The Romans created a written code of law, known as the Law of the Twelve Tables, in 451-450 BC. This was done to ensure that laws were known to all citizens, thereby reducing the power of magistrates and aristocrats to interpret and apply them arbitrarily, and to protect the rights of all citizens. The Twelve Tables were written by a committee of ten legal experts, known as the decemviri, and were posted on bronze tablets in the Roman forum for all citizens to see. This marked a significant step towards a fully codified legal system in Ancient Rome, serving as a foundation for future Roman laws and influencing legal practices in Western continental Europe and beyond.
| Characteristics | Values |
|---|---|
| To prevent magistrates from applying the law arbitrarily | |
| To ensure a successful government | |
| To protect the interests of those involved | |
| To reduce doubt and uncertainty | |
| To enforce laws | |
| To allow citizens to know the laws they were being punished for breaking | |
| To allow citizens to defend themselves | |
| To protect citizens against corruption | |
| To create a written and public code that patrician magistrates could not alter at will against plebeian litigants | |
| To better represent the interests of the ordinary people (plebeians) | |
| To reduce the influence of aristocrats (patricians) and priests (pontifices) | |
| To protect the rights of all citizens | |
| To permit wrongs to be redressed | |
| To provide a model for subsequent civilizations | |
| To obtain a deeper understanding of the legal system |
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What You'll Learn
To establish a structured system of governance
The Romans divided their law into two categories: 'jus scriptum' (written law) and jus non scriptum (unwritten law). The former included laws derived from legislation and other written sources, while the latter referred to customs and traditions. The creation of a written code of law, or the 'Twelve Tables', was a significant development in Roman jurisprudence, serving as the foundation of Roman law and a structured system of governance.
The 'Twelve Tables' were established around 450 BCE as a response to the struggle between the common people (plebeians) and the elite (patricians). The plebeians sought political equality and insisted on a written and public code that could not be altered arbitrarily by the patrician magistrates. A delegation was sent to Athens and other Greek cities to study their laws, and a committee of ten legal experts, known as the 'decemviri', was tasked with drafting the 'Twelve Tables'.
The 'Twelve Tables' were inscribed on bronze tablets and displayed in the Roman forum, allowing all citizens to become familiar with the laws. This transparency helped protect citizens against corruption and arbitrary enforcement, as they knew their rights and could defend themselves accordingly. The written code also ensured that laws were consistently applied and understood by all, reducing uncertainty and anger among citizens who may have been punished for breaking unknown laws.
The 'Twelve Tables' covered various aspects of private law, focusing on relations between individual citizens. While they were not a comprehensive law code, they represented a significant step towards a fully codified legal system that protected the rights of all citizens. They addressed disputes within the Roman aristocracy but also benefited the plebeians by reducing the influence of patricians and priests, who had previously interpreted the law as they saw fit.
The written code of law established a structured system of governance in Ancient Rome by providing a clear framework of rules and regulations that applied to all citizens. It empowered citizens with knowledge of their rights and responsibilities, fostering a sense of fairness and accountability. The written code also enabled officials to enforce the laws effectively and ensured consistency and stability in the application of justice.
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To reduce the power of magistrates and aristocrats
The Roman legal system was initially based on customary law (ius in Latin) that was passed down through generations and was considered an integral part of Roman society. This customary law, also known as ius civile or civil law, only applied to Roman citizens. The Roman Republic, established in 509 BCE, had three branches: the Assemblies, the Senate, and the Consuls. The Assemblies passed laws and made declarations of war; the Senate controlled the treasury; and the Consuls had the highest juridical power.
During the Republic, the emphasis was on the adaptation of existing laws by magistrates (ius honorarium) rather than the creation of new legislation. The magistrates applied the law based on three elements: existing mercantile law used by Mediterranean traders, institutions of Roman law that could be universally applied to any litigant, and their sense of what was fair and just. The office of the praetor, the second-highest ranking official in the Roman Republic, was created in 367 BCE to handle the expanding legal work involving citizens. The praetor issued edicts or proclamations on judicial matters, which became an instrument of legal reform.
However, there was a growing sentiment among the Romans during the Republic that legal decisions were being arbitrarily decided, and there was a push to write down the laws to reduce the power of magistrates and aristocrats. In 451 BCE, a committee of ten men called the decemviri legibus scribundis was established to write down the laws for the first time. During this period, the power of the magistrates was restricted. The decemviri produced the Law of the Twelve Tables in 450/449 BCE, which became the foundation of Roman law. This law code touched on various areas, including civil, public, and religious law, and applied to all citizens.
The Law of the Twelve Tables was a significant step towards reducing the power of magistrates and aristocrats by providing a written code of laws that all citizens could refer to and ensuring that legal decisions were made based on established rules rather than the arbitrary interpretation of magistrates. It is important to note that the process of creating and implementing the Law of the Twelve Tables involved social struggle and political compromise, reflecting the complex dynamics within Roman society at the time.
As the Roman Republic transitioned into an empire, the role of the emperor became more prominent in the legal system. The emperor's proclamations and beliefs (principum placita) became part of the written law (ius scriptum), and they had the power to endorse or propose resolutions (senatus consulta) that became law. While the Senate's influence declined, the emperor's power increased, and they often utilised the institutions of the Roman constitution to legitimise their authority.
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To protect the interests of all citizens
The Romans divided their law into ius scriptum (written law) and ius non scriptum (unwritten law). The first legal text of Roman law, the Law of the Twelve Tables, was created to protect the interests of all citizens. It was enacted in 451–450 BCE during the struggle of the plebeians for political equality. The plebeians were the common people of Rome, who were often at odds with the ruling class, the patricians. The patricians were wealthy landowners with power and the right to vote. The Twelve Tables were written at the insistence of the plebeians to obtain a written and public code that patrician magistrates could not alter at will against plebeian litigants.
The Twelve Tables were a first step towards a fully codified legal system that protected the rights of all citizens and permitted wrongs to be redressed. The precise wording of the laws was an innovation that would be copied in many subsequent legal codes. Citizens being able to understand the laws helped them to protect themselves against corruption. For example, if a citizen was accused of something, they would know what the law said and what they would need to do to defend themselves. The Twelve Tables also ensured that all citizens were equal before the law, reducing the influence of the aristocrats (patricians) and priests (pontifices).
The Twelve Tables were not just about the rights of citizens but also about the duties of citizens. It was the duty of citizens to know and obey these laws. The Twelve Tables were also unique in that they were not a reform of prior Ancient Roman laws. Instead, they recognised the privileges of the patricians, who were leaders of important families and clans. Patricians had some control over how the law was applied, as they were a major part of the Senate of Ancient Rome.
The Twelve Tables were created by a committee of ten legal experts, the decemviri, who were appointed in 455 BCE. The decemviri were given supreme political power while they were performing this task, and the power of the magistrates was restricted. The Twelve Tables were first written on ten tablets (tabulae) in 451 BCE, and two more tablets were added in 450 BCE. These tablets were put on display in the Forum so all Ancient Roman citizens could see and understand them. They were believed to have been made of bronze, although some suggest they were made of stone.
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To ensure laws were known and understood by all
The Twelve Tables, a collection of Roman laws, were written at the insistence of the plebeians, the common people of Rome. The laws were inscribed on twelve tablets, which were put on display in the Forum, the centre of the city of Ancient Rome, for all citizens to see. The tablets were posted on bronze or stone tablets, according to different sources.
The Twelve Tables were the first step towards a fully codified legal system, as opposed to laws based on tradition, that protected the rights of all citizens and allowed wrongs to be addressed. Citizens were able to understand the laws, which helped them to protect themselves against corruption. For example, if a citizen was accused of something, they could refer to the written laws to understand what they needed to do to defend themselves.
The plebeians had long struggled with the respected elite of Ancient Rome, the patricians, who were wealthy landowners with power and the right to vote. The patricians eventually made up most of the ruling class, and so the laws were created to protect their interests. The patricians had control over how the law favoured them. However, the Twelve Tables were also of benefit to the plebeians, as they could refer to written laws and reduce the influence of the patricians and priests, who had previously interpreted the law as they saw fit.
The creation of a written code of law also ensured that laws could be enforced, as there was written documentation to assist leaders and officials. Without written laws, there was doubt and uncertainty, and citizens were being punished for breaking laws they did not know existed.
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To prevent the arbitrary application of the law
The Romans created a written code of law to prevent the arbitrary application of the law by magistrates. The first legal text of Roman law, the Law of the Twelve Tables, was established in 451 BC. It was written at the insistence of the plebeians, the common people, to prevent magistrates from applying the law arbitrarily. The patricians, the respected elite of Ancient Rome, had previously dominated the assemblies and created laws to protect their interests, which were enforced by magistrates. The Twelve Tables were an attempt to write down laws and create a Code of Law, similar to other advanced civilizations.
The Twelve Tables were created by a committee of ten legal experts, known as the decemviri, who were appointed in 455 BC. The decemviri were given supreme political power while they were performing this task, and their laws were inscribed on ten tablets (tabulae) in 451 BC. These tablets were added to and modified over time, with two more tables being added in 450 BC to make the Twelve Tables. The tablets were put on display in the Forum so that all Roman citizens could see and understand them. This allowed citizens to become familiar with the laws and know what they needed to do to defend themselves if accused of something.
The Twelve Tables were a first step towards a fully codified legal system that protected the rights of all citizens and allowed wrongs to be redressed through precisely worded written laws known to everybody. They were not a reform of prior Ancient Roman laws but recognized the privileges of the patricians. While the exact reason for drawing up the Twelve Tables may have been lost, their content was consistently referenced in later Roman written works. They are believed to have covered most areas of private law and concentrated on relations between individual citizens.
The creation of a written code of law helped to ensure that laws were applied fairly and consistently, preventing the arbitrary application of the law by magistrates. It also allowed citizens to understand their rights and responsibilities, enabling them to defend themselves if accused of a crime.
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Frequently asked questions
The Romans created a written code of law to ensure that there was a structure in place to protect the interests of the government and its citizens.
Rome's first written law code was the Law of the Twelve Tables, created in 450 BC on twelve bronze tablets.
The Law of the Twelve Tables was created to address the struggle between the common people (plebeians) and the elite (patricians). The plebeians wanted a written and public code that the patrician magistrates could not alter at will.
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