User:UhOhSpaghettio378/Twelve Tables

secessio plebis (succession of the plebes, a plebian protest)

Table I & II: Procedure for Courts and Judges and Further Enactments on Trials
These two tables are concerned with the Roman court proceedings. Table I covers proceedings between the defendant and the plaintiff, with responses to potential situations such as when age or illness prevents the defendant from making appearance than transportation has to be arranged to assist them. It also deals with:


 * The failure of appearance by the defendant.
 * If there is a failure to appear by either party, then after noon the judge must make judgement in favor of the one who is present.
 * Provides a time-table for the trial (ends at sunset)

Table II sets the amount of financial stake for each party depending on the source of litigation, what to do in case of of impairment of the judge, and rules of who must present evidence.

Table IV: Right of Familial Heads
The fourth table of the Twelve Tables deals with the specific rights of Patriarchs of families. One of the first proclamations of the Table IV is that "dreadfully deformed" children must be quickly euthanized. It also explains that sons are born into inheritance of their family. If a husband no longer wants to be married to his wife he can remove her from their household and "order her to mind her own affairs" Not all of the codes of table IV are to the benefit of only the patriarch. If a father attempts to sell his son three times then the son earns his freedom from the father.

Table VII: Land Rights and Crimes
This table outlines the attitudes towards property. The following are all rules about property


 * Boundary disputes are settled by third-parties.
 * Road widths are eight feet wide on straight parts and double that on turns.
 * People who live near the road are in charge of maintaining it. However if a road is not well maintained then carts and animals can be ridden where the riders want to
 * Property owners can request removal of trees that have been blown onto their property
 * Fruit that falls from a tree onto a neighbor's property still belongs to the original tree owner.

Table VIII: Torts and Delicts (Laws of Injury)
Torts are laws dealing with litigating wrongs that occur between citizens. One such situation is that of physical injury, retaliation for which can range from dealing the prepetrator an injury in kind, to monetary compensation to the injured. This table also establishes the legal ramifications for damage dealt to property by animals and damage dealt to crops by people or animals. The penalty for stealing crops is hanging as sacrifice to Ceres

The table also describes several laws dealing with theft.

Table IX: Public Law
This section of the tables makes it illegal for anyone to define what a citizen of Rome with the exception of the greatest assembly, or maximus comitatus. It also outlaws execution of those unconvincted, bribery of judges, and extradition of a citizen to enemy powers.

Influence and Significance
The Twelve Tables are often cited as the foundation for ancient Roman law. The Twelve Tables provided an early understanding of some key concepts such as justice, equality, and punishment. Although legal reform occurred soon after the implementation of the Twelve Tables, these ancient laws provided social protection and civil rights for both the patricians and plebeians. At this time, there was extreme tension between the privileged class and the common people resulting in the need for some form of social order. While the existing laws had major flaws that were in need of reform, the Twelve Tables eased the civil tension and violence between the plebeians and patricians.

The Twelve Tables also heavily influenced and are referenced in later Roman Laws texts, especially The Digest of Justinian I. Such laws from The Digest that are derived from the Twelve Tables are the legal recompense for damage caused by an animal, protocol for inheritances, and also laws about structural property damage.

The influence of the Twelve Tables is still evident in the modern day. The Twelve Tables play a significant role in the basis of the early American legal system. Political theorists, such as James Madison have highlighted the importance of the Twelve Tables in crafting the United States Bill of Rights. The idea of property was also perpetuated in the Twelve Tables, including the different forms of money, land, and slaves. An additional example, the Twelve Tables are tied into the notion of Jus Commune, which translates as "common law", but is commonly referred to as "civil law" in English-speaking countries. Some countries including South Africa and San Marino still base their current legal system on aspects of Jus Commune. In addition, law school students throughout the world are still required to study the Twelve Tables as well as other facets of Roman Law in order to better understand the current legal system in place.