The Twelve Tables


Book Description

This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.




Roman Law Before the Twelve Tables


Book Description

Challenges current orthodox views about the origins of Roman law Bringing together a team of international experts from different subject areas -- including law, history, archaeology and anthropology -- this book re-evaluates the traditional narratives surrounding the origins of Roman law before the enactment of the Twelve Tables. Much is now known about the archaic period, relevant evidence from later periods continues to emerge and new methodologies bring the promise of interpretive inroads. This book explores whether, in light of recent developments in these fields, the earliest history of Roman law should be reconsidered. Drawing upon the critical axioms of contemporary sociological and anthropological theory, the contributors yield new insights and offer new perspectives on Rome's early legal history. In doing so, they seek to revise our understanding of Roman legal history as well as to enrich our appreciation of its culture as a whole.




The Civil Law


Book Description




Roman Civil Law


Book Description

Description: The Laws of the Twelve Tables; The Institutes of Gaius; Fragments of the Rules of Ulpian; and The Opinions of Paulus Synopsis: This edition of ROMAN CIVIL LAW, derived from S.P. Scott's monumental 17 volume work, THE CIVIL LAW (Central Trust Co., 1932) is a compilation of Roman laws spanning eight centuries beginning with the earliest organized body of laws known to the Romans, THE TWELVE TABLES (449 B.C.), and concluding with the surviving works of three of the five most important jurists of the second and third centuries A.D., GAIUS, ULPIAN and PAULUS. The Laws of the Twelve Tables formed the centerpiece of the constitution of the Roman Republic and the core of the mos maiorum. The Twelve Tables were literally drawn up on twelve ivory or brass tablets which were posted in the Forum Romanum so that all Romans could read and know them. They did not survive antiquity. What we have of them today are brief excerpts and quotations in other authors. Gaius (floruit AD 130-180) was a celebrated Roman jurist during the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His INSTITUTES are a complete exposition of the elements of ancient Roman law and for this reason are most valuable to the historian of early institutions. Domitius Ulpianus (died 228), a Roman jurist of Tyrian ancestry wrote in the period between AD 211 and 222. FRAGMENTS of his works survive. As an author he is characterized by doctrinal exposition of a high order, judiciousness of criticism, and lucidity of arrangement, style and language. Julius Paulus (second century AD), also known as Paulus or Paul, was an influential Roman jurist whose OPINIONS feature prominently in Justinian's DIGEST. The Emperor Valentinian II (371-392), a Western Roman Emperor between the years 375-392, names Paulus in the Law of Citations, along with Gaius, Papinian, Ulpian and Modestinus, as one of only five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became the most important reference point for all subsequent legal decisions and profoundly affected the course of European and American law from antiquity to the present. This edition includes S.P. Scott's complete introduction to his 17 volume work, THE CIVIL LAW, all of his critical notes and a lengthy index. THIS IS NOT A HASTILY ASSEMBLED SCAN OR "FACSIMILE EDITION" OF THIS WORK. EVERY LETTER AND WORD OF THE ORIGINAL HAS BEEN RESET AND CAREFULLY PROOFED FOR ACCURACY.




Remains of Old Latin


Book Description

Extant early Latin writings from the seventh or sixth to the first century BCE include epic, drama, satire, translation and paraphrase, hymns, stage history and practice, and other works by Ennius, Caecilius, Livius Andronicus, Naevius, Pacuvius, Accius, Lucilius, and other anonymous authors; the Twelve Tables of Roman law; archaic inscriptions. The Loeb edition of early Latin writings is in four volumes. The first three contain the extant work of seven poets and surviving portions of the Twelve Tables of Roman law. The fourth volume contains inscriptions on various materials (including coins), all written before 79 BCE. Volume I. Q. Ennius (239-169) of Rudiae (Rugge), author of a great epic (Annales), tragedies and other plays, and satire and other works; Caecilius Statius (ca. 220-ca. 166), a Celt probably of Mediolanum (Milano) in N. Italy, author of comedies. Volume II. L. Livius Andronicus (ca. 284-204) of Tarentum (Taranto), author of tragedies, comedies, a translation and paraphrase of Homer's Odyssey, and hymns; Cn. Naevius (ca. 270-ca. 200), probably of Rome, author of an epic on the 1st Punic War, comedies, tragedies, and historical plays; M. Pacuvius (ca. 220-ca. 131) of Brundisium (Brindisi), a painter and later an author of tragedies, a historical play and satire; L. Accius (170-ca. 85) of Pisaurum (Pisaro), author of tragedies, historical plays, stage history and practice, and some other works; fragments of tragedies by authors unnamed. Volume III. C. Lucilius (180?-102/1) of Suessa Aurunca (Sessa), writer of satire; The Twelve Tables of Roman law, traditionally of 451-450. Volume IV. Archaic Inscriptions: Epitaphs, dedicatory and honorary inscriptions, inscriptions on and concerning public works, on movable articles, on coins; laws and other documents.




The Spirit of Roman Law


Book Description

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.




Remains of Old Latin


Book Description

Extant early Latin writings from the seventh or sixth to the first century BCE include epic, drama, satire, translation and paraphrase, hymns, stage history and practice, and other works by Ennius, Caecilius, Livius Andronicus, Naevius, Pacuvius, Accius, Lucilius, and other anonymous authors; the Twelve Tables of Roman law; archaic inscriptions. The Loeb edition of early Latin writings is in four volumes. The first three contain the extant work of seven poets and surviving portions of the Twelve Tables of Roman law. The fourth volume contains inscriptions on various materials (including coins), all written before 79 BCE. Volume I. Q. Ennius (239-169) of Rudiae (Rugge), author of a great epic (Annales), tragedies and other plays, and satire and other works; Caecilius Statius (ca. 220-ca. 166), a Celt probably of Mediolanum (Milano) in N. Italy, author of comedies. Volume II. L. Livius Andronicus (ca. 284-204) of Tarentum (Taranto), author of tragedies, comedies, a translation and paraphrase of Homer's Odyssey, and hymns; Cn. Naevius (ca. 270-ca. 200), probably of Rome, author of an epic on the 1st Punic War, comedies, tragedies, and historical plays; M. Pacuvius (ca. 220-ca. 131) of Brundisium (Brindisi), a painter and later an author of tragedies, a historical play and satire; L. Accius (170-ca. 85) of Pisaurum (Pisaro), author of tragedies, historical plays, stage history and practice, and some other works; fragments of tragedies by authors unnamed. Volume III. C. Lucilius (180?-102/1) of Suessa Aurunca (Sessa), writer of satire; The Twelve Tables of Roman law, traditionally of 451-450. Volume IV. Archaic Inscriptions: Epitaphs, dedicatory and honorary inscriptions, inscriptions on and concerning public works, on movable articles, on coins; laws and other documents.







The History of Law in Europe


Book Description

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.




The State, Law, and Religion


Book Description

Written by one of our most respected legal historians, this book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine. At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C., the Romans were regarded (and regarded themselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests. Alan Watson traces the roots of the paradox--and the way in which Roman law ultimately developed--to the conflict between patricians and plebeians that occurred in the mid-fifth century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the Twelve Tables, a law code that included only matters considered appropriate for plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded form the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd move to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal systems. After sketching the tenets of Roman religion and the content of the Twelve Tables, Watson proceeds to such matters as formalism in religion and law, religion and property, and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the Twelve Tables with the law that reportedly existed under the early Roman kings.