What Characteristics Defined Roman Rule

The laws of the 12 tables, Full general characteristics of which will be considered by us famous monument of ancient Roman constabulary. It is believed that they were composed by Commission of ten men (decemviri) in 451-450 BC Decemviri during the work of the Commission were judges. For a long fourth dimension, some of them did not want to part with powers and fifty-fifty decided to carry out a coup in order to plant tyranny.

Boards with the laws, the influence of Athenian law

Scientists believe that the sources of the laws of the 12 tables - documents of Athenian law. It decemviri they were guided in their writing. In the Greek colony located in southern Italian republic, was sent to the Embassy from Rome. API, the eldest of ten men, after codification, if to say that they should be for the benefit and prosperity of the state. This is a cursory history of the laws of the 12 tables.

Its name was not accidental. Information technology is on 12 wooden boards were hammered their text. In front of the Senate building on the Forum have been exposed to the laws of the 12 tables. The Roman police of artifact is unthinkable without them. Laws immediately began to written report at the schoolhouse. Today the original is lost, probably forever. When the territory of Aboriginal Rome was invaded by Gauls, boards were destroyed. To have survived merely fragments of the sayings of the jurists, writers, scientists, political figures of the time.

The value of the laws of the 12 tables of Aboriginal Rome

These laws in the grade of his was basically a compilation of the customs prevailing in the years of their writing. They were selected in accord with the interests of the ruling form. So there were the laws of the 12 tables. General characteristics they are even so of peachy involvement. These laws were equipped with legal sanctions in various fields. The Romans they were considered a existent treasure trove of wisdom. Marcus Tullius Cicero, the famous Roman lawyer, noted that Roman constabulary 12 tables - a document in which you can discover "pic of our one-time times". Cicero believed that the affluence use his authority this book is superior to all the philosophers and all the libraries for those who are looking for sources and foundations of law. Children who lived in Ancient Rome, studied these laws reading. Decemviri by codification of their community, tried to preserve the privileges and dominant position of the patricians, still, they failed to achieve this fully.

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The Formal equality of plebeians and patricians

According to the laws of the 12 tables, the plebeians had formal equality in the courts of the patricians. In addition, they have besides been granted certain political rights. For the plebeians, it was a big win, since the arbitrary estimation of the existing practices take express the appeared written constabulary. It became the legal basis of Ancient Rome. The laws of the 12 tables protected the plebeians from the abuses and tyranny perpetrated by the patrician magistrates and judges. In 304 BC the Senate decided that the proceedings of criminal and civil courtroom cases, officials should exist guided past the written police. Shaky tradition at present was not the authority.

Separation of customary law subsequently the adoption of the laws

The laws of the 12 tables fully reflect the level of legal consciousness characteristic of the era. In tsarist times, in the era of the tribal organisation, there were international and other tribal customs. The tribe was their subject. Customary police later on the adoption of the laws of the 12 tables was divided into two. One of them is internal of the Roman community (kviritskoe, later called civil, or civility). The laws of the 12 tables information technology applies to him. The second law has regulated the relationship betwixt Roman authorities and other countries. In addition, Rome acted pecially the law. In it were described the ceremonies performed when the Declaration of war, required different arrangements for observance of treaties with other countries. Since S. Tullius as an axiom, a provision was adopted, according to which kviritskoe community and police force are simply for the citizens of Rome.

The Prohibition of marriages between plebeians and patricians

The laws of the 12 tables in Aboriginal Rome included a number of articles, which reflect the aboriginal customs of a Patriarchal customs, her remnants. They were aimed at preserving the secular foundations. In detail, information technology was forbidden marriages between plebeians and patricians. In 445 BC was cancelled this law.

Well-nigh the property

In the 12 tables indicate that the earth needs to dispose of staff of the Roman community. According to religious tradition, information technology was incommunicable to bequeath to deities and temples. The land was to remain under supervision in the community, to exist her property. Thus, were limited to private property on it.

Gift, inheritance, purchase and sale of important backdrop (working cattle, slaves and land) is decorated with special rituals. They were under supervision in the community. The will must be approved by curiatii comitia (and sometimes centuriata if the father is deprived of his legitimate heir's inheritance). In that case, if someone was treated in a derelict vacant lot or vacant piece of land, he wasafter ii years its owner. Nevertheless, outsiders were non affected by the constabulary. On the territory of Rome to dispose of the state and to possess it could but be a Roman citizen.

The Harsh penalties protected the rights of the owner in the 12 tables. For case, to exist crucified on the tree sentences the 1 who made a dark theft of the crop. A criminal who carried out the called-for of the house and corn are nigh it, wore shackles, burned and browbeaten.

The Law, which was adopted at the meeting of the people, was alleged a principal source of law. He wasn't supposed to contradict any deal. In the laws of the 12 tables detailing the boundaries and borders of land plots, on the order of their succession and duration of possession. To protect the interests of the owner, his property had to be protected from illegal hold. Theft of another's property, and crimes related to the attempt on the wellness and life of citizens, punished especially severely. The main way to protect the rights of the owner in case of its violation was physical violence against the guilty.

Family relationships

Adoption involves the sanction of the pontifex Maximus and karatnogo meeting. The priest and the comitia could refuse it, if the transition is adopted could lead to the extinction, the extinction of his family name.

The police on the protection of the Roman family of swell power was the head of the family. This should also be seen as business concern nigh the strengthening of the community and a relic of the by. In other Nations, this provision has no analogs. The caput of the family unit was the sectional right of possession and disposal of all immovable and movable belongings. In addition, his power over his wife and descendants descendants (including grandchildren) were nearly unlimited. After the death of the caput of the family the property was divided equally betwixt beefcake (the then-called members of the family). If they were not, inherited as next of kin (e.yard., brothers of the deceased, their sons, etc.).

The Principle of Talion, the value of the oath

The monument was established the so-called "principle of retaliation" - when a crime is committed the punishment should have as equal for equal. Information technology likewise talked nearly consolidating the remnants of the tribal organization. The oath was given cracking importance. If someone committed perjury, he was pushed off the Tarpeian rock.

Protection of equality of citizens

I Should say some more near the protection of the equality of citizens, describing the laws of the 12 tables. General characteristics in this respect: they guarded the dignity, honor and rights of citizens, likewise as formal equality. Special privileges to give one or the other of them was forbidden. The law in gild to preserve betwixt the citizens of equality have express the commanded funeral expenses as well as the duration of mourning.

The One who wrote the vocal containing slander confronting any Roman citizen could be sentenced to decease. Nevertheless, the penalty could not exist made without special sanction centuriata the comitia. The law was guarded by justice. Caught someone in the bribery of the judge was to be executed.

The Sovereign power of the people

Finally, as the relic of artifact it is necessary to consider the decisions taken at popular assemblies. For all the citizens of Rome they had mandatory force. Therefore, theoretically, the Roman people (except slaves, foreigners and freedmen) was the Supreme owner of all the territory of the country. The sovereign power belonged exclusively to him. Every denizen who betrayed their homeland, thereby committed treason. Just if he gave his compatriot the enemy, he faced the death penalty for it.

Organized religion

Characteristics of the laws of the 12 tables would be incomplete if we did not observe a presentation about the faith of the Romans, which they reflect. Communication with them is seen that the pontiffs, the guardians of the cults at the fourth dimension were also interpreters of the customs. They were the beginning connoisseurs of the constabulary. The code of laws of the 12 tables was that it is an offence to fail of the rites prescribed by religion. The formal moments when information technology was attached great importance. Quirites, that is, men-the patricians, who could bear a weapon had obvious priority.

List of the most serious crimes, punishment and the possibility of redemption

The laws were given a list of nearly serious crimes. This is malicious slander, blackmail of judges, treason, perjury (peculiarly dangerous), likewise as the destruction of crops and arson. In this example the law was allowed to repurchase under the agreement that could supercede violence. However, this applies only to the perpetrators of the offense free citizens. Usually, the slave is ever responsible for what he did with his life. A citizen of Rome, moreover, could be sentenced to death just after the judgments centuriata the comitia. The aggravating circumstance was the intent.

The value of the laws of the 12 tables in legal history

What is the value in history, had the laws of the 12 tables? Full general characteristics of their role following. They were ane of the beginning in the ancient world monuments slave law. In them was reflected the foundations of civilian life of the Roman customs, and the institution of private belongings. The role of this codification arch in the evolution of Roman civil law was very great. Scientists believe thatperfection did not stand out amid other like documents of the fourth dimension, the laws of the 12 tables. The laws of Hammurabi and of Manu, for example, was no less developed from the point of view of criminal law. Roman constabulary has non fixed a lot of crimes. Also, do non exclude the possibility of arbitrariness, the existence of such a document every bit the laws of the 12 tables. The laws of Hammurabi, of grade, was non meliorate in this respect. In Arab republic of egypt, as nosotros know, there was besides powerless slaves, which, at its discretion, could do a host. However, Roman emperors law were not connected and were able to determine what is crime and what is non. The punishment in this case was arbitrary. Withal, it is worth noting that in the criminal law of Rome was very early distinguished the crime of private and public graphic symbol. This is ane of its important features.

The laws of the 12 tables, the laws of Hammurabi, the laws of Manu - all this is interesting non merely to lawyers but also to all lovers of history. After all, legal rules reverberate the characteristics of a society. It is possible to judge and nearly the customs and traditions, and well-nigh the political system and of the boundaries of power of the head of state.

What Characteristics Defined Roman Rule,

Source: https://tostpost.com/education/25829-roman-law-12-tables-general-characteristics-and-history-of-creation.html

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