Ancient Law: Rome (753-280 BCE)
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Questions and Answers

What was the primary characteristic of early Roman society that heavily influenced its legal system during the period of Ancient Law?

  • A highly developed bureaucratic administration.
  • Extensive maritime trade networks.
  • Complex systems of international diplomacy.
  • A predominantly agricultural and rural lifestyle. (correct)

Before the establishment of the Republic, who primarily held the power to settle legal disputes and oversee matters of justice, religion, and morality in early Rome?

  • A network of traveling judges appointed by landowners.
  • A single magistrate, known as the pontiff. (correct)
  • A system of citizen assemblies that voted on each case.
  • A council of elected elders from each family.

Which political transition occurred in Rome due to the perception of tyrannical rule by its leaders?

  • From monarchy to republic. (correct)
  • From republic to empire.
  • From theocracy to monarchy.
  • From oligarchy to democracy.

Which measure was implemented in the Roman Republic to prevent any single individual from gaining absolute power?

<p>Two consuls were elected for one-year terms, with neither allowed to serve consecutively. (A)</p> Signup and view all the answers

How did the transition from an agricultural village to a more trade-oriented society affect Roman law?

<p>It led to the introduction of laws related to commerce and trade. (D)</p> Signup and view all the answers

What was the primary reason for the Romans' shift away from monarchy and towards a republican system of governance?

<p>The perceived dictatorial behavior of the later kings. (D)</p> Signup and view all the answers

During the early Roman Republic, which action was considered the most egregious political crime?

<p>Seeking to become king of Rome. (D)</p> Signup and view all the answers

What is the significance of figures like Romulus and Remus in the context of early Roman history and law?

<p>They were mythological figures primarily used to explain the founding of Rome. (A)</p> Signup and view all the answers

What was the primary demand of the Plebeians that led to the creation of the Law of the XII Tables?

<p>Public access to the laws governing them. (A)</p> Signup and view all the answers

What was the significance of publishing the Law of the XII Tables on the Roman Forum?

<p>It placed the laws in a central location accessible to all Roman citizens. (B)</p> Signup and view all the answers

How did the creation of the urban praetor in 367 BCE contribute to the secularization of Roman law?

<p>By transferring the responsibility for disputes between citizens from pontiffs to the urban praetor. (A)</p> Signup and view all the answers

What role did the curule aediles play in ancient Rome, and how do their actions relate to modern legal concepts?

<p>They held police power and regulated public markets, with some of their rules influencing modern sales contracts. (A)</p> Signup and view all the answers

What was the significance of Gnaeus Flavius publishing the rules of procedure, and what name was given to this publication?

<p>It made public the formulas for legal procedures, known as the <em>ius Flavianum</em>. (C)</p> Signup and view all the answers

What key elements of tort liability were first associated by Roman jurists in the Lex Aquilia?

<p>Fault, damage, and the causal link between them. (D)</p> Signup and view all the answers

How did the clear distinction between law and religion in ancient Rome contribute to the development of Roman law?

<p>It facilitated a scientific study of law, allowing for the criticism of rules and innovative legal thinking. (C)</p> Signup and view all the answers

How did the Law of the XII Tables address the evidentiary requirements for establishing ownership?

<p>By relying on possession as evidence of ownership. (B)</p> Signup and view all the answers

Why was the publicity of laws important for the Plebeians in ancient Rome?

<p>It ensured that they were judged according to rules they knew. (D)</p> Signup and view all the answers

What distinguishes Roman law from other civilizations of Antiquity, particularly concerning the relationship between law and religion?

<p>Roman law uniquely separated legal principles from religious authority. (A)</p> Signup and view all the answers

What specific responsibility was given to the censors in ancient Rome?

<p>Conducting the census and censoring behaviors against morality. (C)</p> Signup and view all the answers

In the context of ancient Roman law, what function did the formulas serve within the procedural rules?

<p>They acted as stereotypes documents to guide trials and procedures. (C)</p> Signup and view all the answers

What was the 'Law of the XII Tables'?

<p>A codification of Roman law displayed publicly. (B)</p> Signup and view all the answers

What was the main reason the Plebeians revolted?

<p>The Patricians held all the rights, leaving the Plebeians with none. (B)</p> Signup and view all the answers

Which magistrate submitted the Lex Aquilia to the vote?

<p>The tribune of the plebs Aquilius. (C)</p> Signup and view all the answers

Flashcards

Ancient Law Period

The period from 753-280 BCE marking the beginning of Rome.

Romulus

Legendary founder of Rome, said to have killed his brother Remus.

Rome's Rural Character

Early Rome was primarily an agricultural society, influencing its laws.

The Pontiff

In early Rome, this official handled justice, religion, and morality.

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Roman Kings

Rome was ruled by seven of these figures, according to tradition.

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Tarquin the Proud

The last king of Rome, known for his dictatorial rule.

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Roman Republic

This replaced the monarchy to avoid tyranny.

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Julius Caesar

A famous Roman who was assassinated for allegedly aspiring to be king.

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Patricians

The Roman aristocratic class with all rights, often in conflict with the Plebeians.

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Plebeians

The ordinary Roman citizens, who initially lacked rights and frequently revolted.

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Publicity of Laws (Early Rome)

Roman laws were not public.

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Decemviri

Ten magistrates commissioned to draft and codify Roman law.

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Law of the XII Tables

The first written legal code in Rome, displayed on the Roman forum.

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Proving Ownership (Roman Law)

Ownership is proven by demonstrating continuous possession.

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Urban Praetor

Magistrate in charge of settling disputes between Roman citizens.

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Secularisation of Law (Rome)

The separation of law from religious authority.

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Censors (Roman)

Roman officials responsible for census and censoring immoral behavior.

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Curule Aediles

Roman officials holding police power, regulating markets and games.

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Rules on Hidden Defects (Roman)

Rules guaranteeing purchased goods are free from hidden defects.

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Ius Flavianum

Publication of procedural rules by Gnaeus Flavius

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Procedural Formulas (Roman Law)

Stereotyped documents as a starting point and guide to the trial

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Lex Aquilia

Established the principle of tort liability.

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Elements of Tort Liability (Roman)

Fault, damage, and causal link.

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Study Notes

  • Ancient Law spans from 753-280 BCE, marking the beginning of Rome.
  • Tradition says Rome was founded by Romulus in 753 BCE, who killed his twin brother Remus.
  • Archaeological evidence confirms the Palatine Hill was inhabited in the 8th century BCE.
  • Early Rome was a small agricultural village reflected in its laws, with land and animal ownership being primary.
  • Legal needs were limited due to the rural character, and legal reasoning was not advanced compared to other ancient societies.
  • A single magistrate, the pontiff, handled justice, religion, and morality.
  • Early Rome was a monarchy with seven kings.

Political Context

  • The traditional seven kings of Rome were Romulus (753-716 BCE), Numa Pompilius (715-673 BCE), Tullius Hostilius (671-640 BCE), Ancus Martius (640-616 BCE), Tarquin the Elder (616-578 BCE), Servius Tullius (575-535 BCE), and Tarquin the Proud (534-509 BCE).
  • Kings becoming dictators led to the end of the monarchy and the start of the Roman Republic.
  • Taking oneself for the king of Rome became the worst political crime, exemplified by Julius Caesar.
  • The Republic was governed by two consuls elected for a non-renewable one-year term to prevent tyranny.
  • Roman society was divided into Patricians (nobility) and Plebeians (ordinary people), with the Patricians holding most of the rights.
  • Plebeians revolted due to a lack of public access to laws, resulting in judgments under unknown rules.
  • Between 451 and 449 BCE, ten magistrates (Decemviri) were commissioned to draft Roman law.
  • The Decemviri created the Law of the XII Tables, a major step that made laws accessible to all citizens.
  • The Law of the XII Tables marked the start of mandated publication of laws.
  • Today, laws must still be publicized to take effect; Belgium uses the Belgian Gazette, and France uses the 'Journal Officiel'.
  • The Law of the XII Tables was published on twelve tables in the Roman Forum, the center of Roman public life.
  • The Law of the XII Tables significantly influenced legal life, including the concept of ownership proven by possession.
  • In 367 BCE, the urban praetor was created to handle disputes between Roman citizens, relieving the pontiff and secularizing the law.
  • The offices of censor and curule aediles were likely created around the same time.
  • Censors managed the census and censored immoral behavior.
  • Curule aediles held police power, regulating markets and organizing games; their rules still influence sales contracts today.
  • Gnaeus Flavius, a scribe, published procedural rules in the form of formulas (stereotyped documents) at the end of the 4th century BCE, known as ius Flavianum.
  • The Lex Aquilia, proposed by tribune Aquilius, established the principle of tort liability.
  • The Lex Aquilia outlines fault, damage, and the causal link between them.

Key Development

  • Ancient Roman law was unique because of clear distinction between law and religion, enabling criticism and scientific study of legal principles.

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Description

Ancient Law in Rome, from 753-280 BCE, marks Rome's beginning. Tradition says Rome was founded in 753 BCE by Romulus. Early Rome was a small agricultural village reflected in its laws, with primary importance given to land and animal ownership.

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