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Roman
Politics and Law:
The powerful citizens
of ancient Rome were the patricians, who governed the city from
the Senate, and the equites, or men of property. All the social
and most political power was in the hands of a few ancient families,
such as Cornelii, the Julii, and the Aemilii, who were often
elected as consuls and censors. The Senate and the Consuls lost
much of their power under the Emperors, but the patrician families
still influenced public opinion.
The Twelve Tables
provided a code of laws for all Romans to live by, many of which
were based in the Roman religion. The writing of theses Tables
provided the basis for all Roman law. The Twelve Tables were
written by the Decemviri Consulari Imperio Legibus Scribundis
(the 10 Consuls), who were given unprecedented powers to draft
the laws of the young Republic. Originally, ten laws were drafted;
two later statutes were added prohibiting marriage between the
classes and affirming the binding nature of customary law.
Before the Twelve
Tables, all decisions were left to the discretion of judges,
which led to bribery and corruption. The new code promoted the
organization of public prosecution of crimes and instituted
a system whereby injured parties could seek just compensation
in civil disputes. The plebeians were protected from the legal
abuses of the ruling patricians, especially in the enforcement
of debts. Serious punishments were levied for theft and the
law gave male heads of families enormous social power (patria
potestas). The important basic principle of a written legal
code for Roman law was established, and justice was no longer
based solely on the interpretation of judges. These laws formed
an important part of the foundation of all subsequent Western
civil and criminal law.
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