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    Zachary - Civil and Criminal Law of Ancient Rome

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    The Twelve Tables, created in 450 BCE, were the earliest code of written law in ancient Rome. Prior to 450 BCE, Roman citizens were divided into two classes - the ruling patricians and the lower plebeians. Some common rights granted to Roman citizens included suffragiorum (the right to vote), commercii (the right to own property), and honorum (the right to stand for public office). Foreigners known as peregrini were subject to jus gentium (natural law) and some were granted limited rights like jus Latii. Slaves had no rights and were considered property under Roman law.

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    Zachary - Civil and Criminal Law of Ancient Rome

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    359 views12 pages
    The Twelve Tables, created in 450 BCE, were the earliest code of written law in ancient Rome. Prior to 450 BCE, Roman citizens were divided into two classes - the ruling patricians and the lower plebeians. Some common rights granted to Roman citizens included suffragiorum (the right to vote), commercii (the right to own property), and honorum (the right to stand for public office). Foreigners known as peregrini were subject to jus gentium (natural law) and some were granted limited rights like jus Latii. Slaves had no rights and were considered property under Roman law.

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    The Twelve Tables, created in 450 BCE, were the earliest code of written law in ancient Rome. Prior to 450 BCE, Roman citizens were divided into two classes - the ruling patricians and the lower plebeians. Some common rights granted to Roman citizens included suffragiorum (the right to vote), commercii (the right to own property), and honorum (the right to stand for public office). Foreigners known as peregrini were subject to jus gentium (natural law) and some were granted limited rights like jus Latii. Slaves had no rights and were considered property under Roman law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    359 views12 pages

    Zachary - Civil and Criminal Law of Ancient Rome

    Uploaded by

    api-313966244
    The Twelve Tables, created in 450 BCE, were the earliest code of written law in ancient Rome. Prior to 450 BCE, Roman citizens were divided into two classes - the ruling patricians and the lower plebeians. Some common rights granted to Roman citizens included suffragiorum (the right to vote), commercii (the right to own property), and honorum (the right to stand for public office). Foreigners known as peregrini were subject to jus gentium (natural law) and some were granted limited rights like jus Latii. Slaves had no rights and were considered property under Roman law.

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    The document outlines the legal system of ancient Rome including classes of citizens, early laws like the Twelve Tables, rights and punishments.

    Roman citizens were divided into the patricians, the ruling class, and the plebeians, the lower class citizens.

    The Twelve Tables, enacted in 450 BCE, was one of the earliest codes of written Roman law.

    Civil and Criminal Law of

    Ancient Rome
    By Zachary LaRocca-Stravalle

    SPQR stands for: Senatus Populusque Romanus


    Translated to: The Senate and people of Rome

    Outline

    Cives Romani (Roman Citizen)


    Patricians
    Plebeians
    Jus Civile (Roman Rights)
    Twelve Tablets
    Rights and Punishments
    Peregrini (Foreigners)
    Jus gentium
    Jus Latii (Latin Rights)
    Slaves
    Similarities & differences to the modern legal system of the United States

    Civis Romani - The Roman Citizens


    During the Roman Republic (509 BCE - 27 BCE) prior to 450 B.C.E., full Roman
    citizens were divided into two classes.

    Patricians

    The ruling class citizens. They controlled the legal, political and social power.
    Exp. Constituted the majority of roman assemblies and courts.

    Plebeians

    The lower class citizens.They were excluded from legislation and were not entitled to
    know the legal codes. They could not become magistrates nor military officials.

    Jus Civile - The Civil Law


    During the Roman Republic the most prominent law was the Twelve Tables

    The Twelve Tables (450 BCE)

    The earliest code of written law created by Rome

    It was a group of law that applied equally across the social classes of Roman citizens.

    Set in motion by the plebeians to gain legal equality.

    Primarily a way to standardize the verdict and decisions of magistrate in court.

    Contained Debtors Laws, Inheritance Laws, Marriage Laws, Rights of a Father, Property
    Laws, Will and Testament and Laws relating to Women.

    Some contents of the Twelve Tablets today are unknown

    Rights
    Although right of the Roman citizens varied through time and class, some common
    rights granted to most all citizens included (but are not limited to):

    Suffragiorum - The right to vote in Roman assemblies


    Commercii - The right to make contracts and acquire, own and sell property
    Honorum - The right to stand for public office
    Conubii - The right to a lawful marriage; any children to be a Roman citizen
    Migrationis - The right to maintain Roman citizenship after relocation to a Roman colony
    The right to stand trial
    The right to appeal
    The right to be tried in Rome if accused of treason

    Punishments
    Important to note: Throughout the Roman Republic and Empire, what was
    considered a criminal act and the its associated governmental punishment changed
    over time and by different emperors.

    Capital punishment

    It is accepted evidence that the death penalty could not assigned to any Roman citizen
    unless they committed an act of treason.
    The punishments for such crime included: Decapitation, Tarpeian rock, etc.

    Crucifixion was generally not sentenced to any Roman citizen unless they committed
    a form of high treason or serious insurrections.
    Jesuss claim to be the royal-messiah.

    Non-Capital punishments

    Such punishments as: Fines, Bondage, Infamy, Exile, etc.

    Peregrini - Foreigners
    The Peregrini were any foreigners of Roman. They were subject to the jus gentium
    with some cases of provincial foreigners or those subjugated by Rome to have
    aspect of jus civile.
    Example:
    Jus Latii (Latin Rights)

    Rights granted by Rome.

    Prominent rights included: jus commercii and jus commercii


    Initially for the people of Latium (Latins).

    The Latin Rights extended to the latin colonies (300 BCE) and then to granted to
    populations subjugated by Rome (200 BCE).

    By 212 AD, the Constitutio Antoniniana (or the Edict of Caracalla) declared free men of the
    Roman Empire gain Roman citizenship.

    Jus Gentium - Law of peoples (Natural Law)


    Established in the Mid-3rd Century BCE

    A customary law or an aspect of natural law (jus naturale).


    Acted as international law that applied to the paragrini.
    Primarily a way for magistrates to establish justice in cases when foreigners
    were involved.
    Roman Jurist Gaius defined the jus
    Jus civile was eventually subsumed by the
    gentium:
    jus gentium as a means of common law.

    Every people that is governed by statute and


    observes partly its own peculiar law and partly the
    common law of all mankind. That law which a people
    established for itself is peculiar to it and is called ius civile
    as being the special law of that state, while the law that
    natural reason establishes among all mankind is followed
    by all peoples alike, and is called ius gentium as being
    the law observed by all mankind.

    Slaves

    Had no rights and were considered property.


    Slaves were owned by roman citizens and could be manumitted and granted
    citizenship status.
    Punishments for slaves usually had no lasting physical hindrance.

    Non-Capital punishment include: Lashing, Branding, Furca


    Capital punishment: Crucifixion or Gladiatorial combat

    Similarity & difference to the modern legal system of U.S.A.


    Similarity in law:
    Legal codes
    Punishment for crime
    Court and trial procedure
    Legislative process
    Legal language
    Differences in law:
    Religion separate from law
    Sever punishments; no jail
    Social class disparities

    Similarity in courts:
    Judge
    Lawyer
    Jury
    Innocent until proven
    guilty
    Jury declares sentence
    Differences in courts:
    Accuser must bring
    accused to court
    Male dominated
    Evidence was not needed

    Quiz Time!!

    What was the earliest code of written law?

    Prior to 450 BCE, what were Roman citizens classified into?

    What was one of the rights that a full roman citizen received?

    Citations and Resources (URL)


    https://en.wikipedia.org/wiki/Roman_citizenship
    http://www.tribunesandtriumphs.org/roman-life/rights-of-roman-citizens.htm
    http://www.britannica.com/topic/Law-of-the-Twelve-Tables
    http://www.britannica.com/topic/Roman-law
    https://1shortstop.wordpress.com/2008/12/29/ancient-roman-citizenship/
    http://www.britannica.com/topic/civitas
    http://www.dl.ket.org/latin1/mores/law/citizenship.htm
    http://magistrabeman.weebly.com/uploads/9/1/2/2/9122313/the_roman_legal_system.pdf
    http://50613261.weebly.com/classes-of-roman-citizens.html
    https://en.wikipedia.org/wiki/Social_class_in_ancient_Rome
    http://www.uah.edu/student_life/organizations/SAL/texts/misc/romancon.html
    http://www.roman-empire.net/republic/twelve-tables.html
    http://www.fofweb.com/History/HistRefMain.asp?
    iPin=ESCAW174&SID=2&DatabaseName=Ancient+and+Medieval+History+Online&InputText=%22punishment+in+ancient+Rome%
    22&SearchStyle=&dTitle=crime+and+punishment+in+ancient+Rome&TabRecordType=All+Records&BioCountPass=0&SubCountPass
    =3&DocCountPass=0&ImgCountPass=0&MapCountPass=0&FedCountPass=&MedCountPass=0&NewsCountPass=0&RecPosition=2
    &AmericanData=&WomenData=&AFHCData=&IndianData=&WorldData=&AncientData=Set&GovernmentData=
    http://www.stjohnlutheran-elyria.org/images/Roman_Death_Penalty.pdf
    http://m.tribunesandtriumphs.org/roman-life/roman-punishment.htm
    https://prezi.com/id0zxxvlf0v1/roman-law-vs-united-states-law/
    http://www.slate.com/articles/life/faithbased/2009/04/why_was_jesus_crucified.html

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