The Twelve Tables: A Foundation of Roman Law
The Twelve Tables
8th and 9th Tables: Criminal Law
Tables 8 and 9 dealt with criminal law and represented an attempt to soften private vengeance, replacing it with a system of legal redress. They established the principle of Lex Talionis (the law of retaliation), where the penalty should be proportionate to the harm caused. These tables focused on intentional crimes, not accidental ones. Crimes were categorized as either public or private.
Public Offenses:
THE perduellio, the crime of high treason and punishable by death and PARRICIDIUM the crime of killing a Roman citizen but initially it was only the fact of killing a paterfamilias, was punishable by death penalty.
PRIVATE OFFENSES:
Furtum DIURNUS (day): One could simply kill the thief, when he defended himself with guns. It required the testimony of neighbors.
Furtum Nocturnus (night): You could kill in any case. It required the testimony of neighbors.
Furtum MANIFESTUM: When he caught the thief at the time of theft. In this case, the robber handed the victim.
NEC furtum MANIFESTUM: When no surprise to the person stealing, the penalty being double the value of the house robbed.
Furtum Conceptum (theft found) is the case in the thing stolen is found in the thief’s house. They had as a penalty three times the value of the thing stolen.
Furtum oblatum: occurred in the case that the thief, in order to avoid suspicion, the thing delivered in trust to a 3rd, who possessed in good faith. He had as a penalty three times the value of the thing stolen. It attached great importance to the spells and magic. Were condemned to death the person who had done a spell designed to kill another person, or to impede the harvest.
As for penalties, usually ones were imposed or the death penalty. The death penalty could be imposed by various means: the gallows, the cross, ax, by dipping or thrown from the Rock Tarpeya person. However not allow torture.
The death penalty law was replaced by Tailon pecuniary arrangements between offender and victim, for the most serious was the death penalty.
THE 10th CHART: Regular funerals. It was forbidden to bury corpses within the city. It also prohibited the excessive luxury at funerals. THE 11th CHART: collecting general rules and provoca POPULUM AD. It also established special courts to try crimes duoviri PERDUELLIONIS public for acts of high treason and quastor PARRICIDIO for patricide. The death penalty had to be approved at the polls centuries. This rule was the source of provoca POPULUM AD.THE 12TH CHART: was briefly public law. Contained 3 rules: It prohibited marriage between patricians and plebeians. The legal principle that the later law supersedes and prohibition of privileges.
The archaic law in the early period was governed by the MORES maiorum. These form the basis of Ius civile. For this reason, law and religion were intimately connected. Gradually began to separate and the Twelve Tables is clearly established that although separation is already in the last centuries of the republic IUS word refers to Roman law and the FAS word refers to civil law.
The archaic Roman law:
It is highly formalistic
It is very traditional
It is transmitted from generation to generation
It produces the drop in their standards due to disuse
TABLES 8 th and 9 th try of criminal law and represent an attempt to soften the private vengeance and replaced by an allowance. Establishing Tailón law (the penalty should be proportionate to the harm caused). In these tables only took into account the painful crime (intentional), not the fault. There were public and private crimes.
There are 2 types of crime: Crime released:
THE perduellio, the crime of high treason and punishable by death and PARRICIDIUM the crime of killing a Roman citizen but initially it was only the fact of killing a paterfamilias, was punishable by death penalty.
PRIVATE OFFENSES: furtum DIURNUS (day): One could simply kill the thief, when he defended himself with guns. It required the testimony of neighbors.
Furtum Nocturnus (night): You could kill in any case. It required the testimony of neighbors.
Furtum MANIFESTUM: When he caught the thief at the time of theft. In this case, the robber handed the victim.
NEC furtum MANIFESTUM: When no surprise to the person stealing, the penalty being double the value of the house robbed.
Furtum Conceptum (theft found) is the case in the thing stolen is found in the thief’s house. They had as a penalty three times the value of the thing stolen.
Furtum oblatum: occurred in the case that the thief, in order to avoid suspicion, the thing delivered in trust to a 3rd, who possessed in good faith. He had as a penalty three times the value of the thing stolen. It attached great importance to the spells and magic. Were condemned to death the person who had done a spell designed to kill another person, or to impede the harvest.
As for penalties, usually ones were imposed or the death penalty. The death penalty could be imposed by various means: the gallows, the cross, ax, by dipping or thrown from the Rock Tarpeya person. However not allow torture.
The death penalty law was replaced by Tailon pecuniary arrangements between offender and victim, for the most serious was the death penalty.
THE 10th CHART : Regular funerals. It was forbidden to bury corpses within the city. It also prohibited the excessive luxury at funerals. THE 11th CHART: collecting general rules and provoca POPULUM AD. It also established special courts to try crimes duoviri PERDUELLIONIS public for acts of high treason and quastor PARRICIDIO for patricide. The death penalty had to be approved at the polls centuries. This rule was the source of provoca POPULUM AD.THE 12TH CHART: was briefly public law. Contained 3 rules: It prohibited marriage between patricians and plebeians. The legal principle that the later law supersedes and prohibition of privileges.
The archaic law in the early period was governed by the MORES maiorum. These form the basis of Ius civile. For this reason, law and religion were intimately connected. Gradually began to separate and the Twelve Tables is clearly established that although separation is already in the last centuries of the republic IUS word refers to Roman law and the FAS word refers to civil law.
The archaic Roman law:
It is highly formalistic
It is very traditional
It is transmitted from generation to generation
It produces the drop in their standards due to disuse