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This paper is about the Twelve Tables of Rome. The Twelve Tables were the primary laws of the Roman Republic, and the foundation of the legal system for all Western countries today. Through this paper, I seek to explain more fully the function of the Twelve Tables; how they were created and by whom, where, and when; How they have impacted our current legal system; and my opinion on what influence it has had on our current legal system.
The Twelve Tables were written by the Decemviri Consulari Imperio Legibus Scribundis (aka The 10 Consuls) in 451 B.C. These 10 patricians originally drafted ten laws; later, two statutes were added that prohibited interclass marriage and affirmed the binding nature of customary law. These laws were by no means comprehensive. Mainly, they covered
§ Family, marriage and divorce
§ Ownership of property, inheritance, transfer and slavery
Cheap Custom Essays on Twelve Tables Of Rome
§ Assault, injury to person and property
§ Debt
§ Legal Procedure
It becomes clear from reading these laws that they were not revolutionising the current legal system; rather, it appears that they merely formalised existing procedure. However, the important basic principle of a written Roman law was established, and justice was no longer solely based on the interpretation of judges.
The Tables promoted public prosecution of crimes and instituted a system whereby the victims of crimes could seek a just compensation for civil disputes. The plebeians were protected from the legal abuses of the ruling patricians, giving more “power to the people”. Serious punishments were handed out to thieves, and male heads of families were granted much social power (patria potestas).
The impact and influence that the Twelve Tables have had on our current legal system is enormous. The framers of the American Constitution consciously copied Roman Republican law, taking as their model the rapt description of Romes complex constitution in Volume VI of the Polybiuss History of the Rise of Rome. They did make clear the division in Roman society between the patricians and the plebeians, the “haves” and the “have-nots”. As the basis of all other laws in the Roman Republic and Roman Empire, they survived in one form or another to influence all Western legal systems. They gave Roman judges a precedent with which they could better judge subsequent cases, and henceforth allowed for more equal sentencing.
In my opinion, they have been a positive influence on our current legal system. They have provided for better and more equal judgement of cases, and were well ahead of any other system at their time.
Reference
(http//www.uky.edu/LCC/HIS/104/1tables.html; 7/8/0; Excerpts from the Twelve Tables of Rome; 1);
(http//members.aol.com/pilgrimjon/private/LEX/1tables.html; 7/8/0; The Twelve Tables)
(http//www.ualberta.ca/~csmackay/CLASS_65/1.Tables.html; 7/8/0; Christopher S. Mackay, CLASS 65 The Twelve Tables, 001)
(http//www.mmdtkw.org/VTwelveTables.html; 7/8/0; Twelve Tables, Tabularium)
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