Twelve Tables Of Roman Law Essay

Twelve Tables Of Roman Law Essay-21
Before the Twelve Tables (754–449 BC), private law comprised the Roman civil law (ius civile Quiritium) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g.the ritual practice of mancipatio (a form of sale).

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The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings".

The first legal text is the Law of the Twelve Tables, dating from the mid-5th century BC. Terentilius Arsa, proposed that the law should be written, in order to prevent magistrates from applying the law arbitrarily.

After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire.

From the 7th century onward, the legal language in the East was Greek.

The fragments which did survive show that it was not a law code in the modern sense.

It did not provide a complete and coherent system of all applicable rules or give legal solutions for all possible cases.The decemvirate of 451 is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome.Furthermore, the question on the Greek influence found in the early Roman Law is still much discussed.However, Rome's most important contribution to European legal culture was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists (prudentes, sing.prudens, or jurisprudentes) and of a legal science.Rather, the tables contained specific provisions designed to change the then-existing customary law.Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure.Modern scholars tend to challenge the accuracy of Roman historians.They generally do not believe that a second decemvirate ever took place.After eight years of political struggle, the plebeian social class convinced the patricians to send a delegation to Athens, to copy the Laws of Solon; they also dispatched delegations to other Greek cities for like reason.In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws (decemviri legibus scribundis).


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