Leyes de las Doce Tablas en Roma

Law of the Twelve Tables

The twelve tables were ancient Roman laws laid down after the expulsion of the kings in 509 BC. These laws established the principles of Roman justice and set up a system of courts for settling disputes fairly, based on evidence and testimony. The law covered the following areas:

Family Law

In early Rome, marriage was viewed more as a business arrangement than a romantic one. The tables provided guidelines for dowries, divorce, inheritance, and other family matters. They helped establish rules for marriage contracts between families, which were often made under significant pressure to secure alliances and strengthen political control. For example, if a man died without children, his brother could adopt his wife's son so that he would become their heir.

Property Laws

The law of the twelve tables included provisions relating to property rights. These laws governed ownership, transfer, and protection of property. For instance, they established principles such as "nemo plus iuris quam sui" ("no one has more rights than oneself") and "quod natura non dat, Salus nec praestat", meaning nature does not grant what health does not allow. These rules protected individuals from encroachments on their personal property and allowed them to enjoy the fruits of their labor.

Civil Rights

The Twelve Tables recognized several civil rights, including the right to life and liberty, freedom from arbitrary arrests, the right to a trial by jury, and the principle of habeas corpus. These fundamental human rights ensured that no individual was subjected to unlawful detention or punishment and established checks against abuses of power by authorities.

Crimes and Punishments

The table of crimes and punishments outlined various offenses and their corresponding penalties. It covered both minor infractions, like failing to appear in court, and major crimes, such as treason and murder. Each crime had a prescribed punishment, allowing for consistent application of justice and preventing arbitrary treatment of offenders.

Legal Procedures

The Twelve Tables established legal procedures that governed the process of bringing charges against someone and defending oneself. They outlined requirements like giving notice of accusations, presenting evidence, summoning witnesses, and appealing decisions. These procedural rules ensured fair trials, prevented abuses of power, and protected individual rights.

In summary, the Law of the Twelve Tables played a crucial role in shaping Roman civil society. By setting down clear guidelines on family matters, property rights, civil liberties, criminal offenses, and court proceedings, it created a framework for social order and justice that would endure for centuries.