The Development of Laws in Ancient Rome
Rome, the grandest of all ancient civilizations, boasted the most concise and cogent set of laws in its day. The complexity and scope of their laws provided the basis for civilizations until this day. It is worth examining who was responsible for creating the laws in Ancient Rome.
Background Information
Most of Rome’s laws were developed by their legendary politician, lawyer and consul, Marcus Tullius Cicero. It is believed that Cicero took inspiration from the example of his peers; namely, the Greek legal system which preceded the Roman one. He is credited with the spread of Roman Law throughout the empire for centuries to come.
The Romans, unlike their Greco-Roman predecessors, based their laws much more heavily on appeals to reason and empirical evidence. According to historian Dr. Erick Wilkers, who has extensively studied the development of Roman law:
“Roman lawyers sought to build an edifice of legal thought that, like the Roman Empire itself, embodied the values of justice, rationality, and moral fortitude.”
The Training of Roman Lawyers
Though the legal profession was not formalized in Ancient Rome, a good number of lawyers, known as “juristi,” were educated and trained in universities in Rome and other major cities. The most prestigious educational institution to study law was the University of Rome. The first formally trained lawyer in Rome is considered to be Quintus Mucius Scaevola, who was educated in law in the late 2nd century BC.
Quintus was the founder of the school of thought known as “jutistica,” which is commonly considered to be the start of the Roman legal system. He was acknowledged for his superior ability to decrease the number of defendant confessions that were subjected to torture by providing them with more accurate and up-to-date legal implications. He was also the founder of a school of law in Rome called the “Jurisprudential Academy.”
The Early Development of Roman Laws
The earliest Roman laws were mainly based on what is known as the “Twelve Tables,” which were deductions of decisions made by the senate in Rome. These tables were the base of the Roman legal system and have become known as the “founding texts” of Roman law. They were the starting point of the whole Roman legal system and, as such, they are considered to be some of the most important legal texts in history.
These Twelve Tables set out many legal principles and regulations. They gave Roman citizens several rights, such as the right to appeal a judicial decision and the right to own property; and, they also defined punishments for certain crimes, including death or banishment.
The Twelve Tables
The Twelve Tables were written in 451 BC and were a major breakthrough for Roman law. Before this document was written, there were no formal structures of laws in the Roman Republic. Everything was done in an ad hoc way, with the rulings of a particular dispute being used as precedent in future cases. This was a major cause of friction amongst the citizens as citizens felt that their cases were not properly heard or addressed.
By creating the Twelve Tables, the Roman Senate tried to reduce the differences between decisions made in different regions, as well as removing any biases towards particular classes or citizens. While this document was the beginning of Roman law, it was far from perfect. In fact, in many areas, the Twelve Tables contradicted each other and caused a lot of confusion. This is why Marcus Tullius Cicero was so important in the development of Roman law.
The Impact of Marcus Tullius Cicero
Marcus Tullius Cicero was a Roman statesman, lawyer and legal theorist who greatly influenced the development of Roman law. Initially studying law in the University of Rome, Cicero is said to have developed an interest in the legal system and wanted to study it in greater depth.
He is credited with redefining Roman law and making it applicable to citizens of all classes. He also developed the principle of “fair play” which allowed citizens to bring charges without fear of repercussions. This opened up the legal system to a whole new set of people.
Cicero is also called “father” of Roman law because of his pioneering work in examining the Twelve Tables in detail and developing it into a more cohesive system. Rather than basing laws on tradition as they had been in the past, Cicero created an entirely new approach to Roman law: he based legal decisions on reason and evidence. This included examining the social context in which a law was imposed and considering what would be considered reasonable in the given situation. This transformed Roman law from a system of justice based on the whims of the ruling class to a system founded in the values of justice and fairness.
The Code and Codex of Roman Laws
Cicero is also credited with establishing the Code of Roman Law, which eventually was consolidated into the Codex Justinianus. This was a systematic and comprehensive collection of all Roman law as decided by the Senate and as written into twelve tables. This code was still in effect even after the fall of the empire, and it eventually formed the basis of many European legal systems.
The code of Roman law was incredibly complex and impressive, particularly given its age and the sophistication of its contents. The code contained a variety of legal provisions, ranging from contracts and property concerns to religious and family matters. This code of law was ultimately used to form the basis for future generations and societies to build their legal systems upon.
The Influence of Roman Laws on Modern Law
The Roman legal system has had a huge influence on modern law. Many of the bills of rights and laws of today are based on Roman law, albeit with a few modifications. Even the U.S. Constitution and the Magna Carta, which is the foundation of the English legal system, contain elements of Roman law.
In addition, the laws and legal structures of many countries, including France, Spain and Holland, have their roots in Roman law. The use of precedent and formalized systems of laws are concepts that have been borrowed from Roman law, and they are still implemented in many legal systems today.
Conclusion
The development of laws in Ancient Rome was instrumental in forming the legal systems of modern-day societies. The Twelve Tables and the Code of Roman Law are the two of the most influential documents in the history of law. Without the works of Marcus Tullius Cicero, these documents and the underlying principles on which they are based would not exist.
Today, many countries, including those in continental Europe, retain aspects of Roman law in their legal systems. It is because of the Roman Empire that we are able to hold governments to account and ensure basic legal rights for all citizens.
