The Twelve Tables of Ancient Rome

The Twelve Tables of Ancient Rome. Leges duodecim Tabularum represent one of the most important and earliest codes in the history of law. They were drafted in the 5th century BC.

Background: Before the Twelve Tables, Roman law was based on customs and practices, arbitrary decisions of magistrates, which caused legal insecurity and, of course, inequalities. 

There was pressure from the plebeian classes, who demanded a code of laws to protect their rights and limit the power of the aristocrats, better known as the Patricians.

Creation Process of the Twelve Tables: In 451 BC, the Roman Senate drafted a legal code that would be published so that everyone could consult it. 

Ten magistrates called the Decemviri were appointed. 

They drafted the laws, and later, two more tables were added by another group of magistrates, totaling the Twelve Tables.

Enough history, let’s tell you what the Twelve Tables of Rome contain. 

They are divided into procedural law and judicial procedures, family law, criminal law, property law, commercial regulations, and citizens’ rights.

Procedural Law and Judicial Procedures:

• Established procedures for resolving legal disputes, including rules on how to initiate trials and how the judicial process should be conducted.
• Regulated the right to appeal and the legal actions that could be taken in case of conflict.

Family Law:

• Regulated aspects of family law, including marriage, patria potestas (the father’s rights over the family), and guardianship of minors.
• Included rules on inheritance and the transmission of property.

Criminal Law:

• Defined various crimes and corresponding penalties, such as theft, homicide, and property damage.
• Established punishments for both minor crimes and serious offenses.

Property Law:

• Regulated property and ownership rights, as well as rules on the transfer of property.
• Included provisions on usufruct and land ownership.

Commercial Regulations:

• Included rules on commercial transactions and debts.
• Established the obligations of merchants and lenders.

Citizens’ Rights:

• Provided basic protections for Roman citizens, establishing principles such as equality before the law and protections against abuse of power.

Its influence was so lasting that it helped lay the foundation for later Roman law, influencing even to this day.