State of Roman Law in Pre and Early Republic Flashcards
(34 cards)
What is the primary source of Roman law before the Republic?
The Twelve Tables
What system of law was primarily used in early Roman society?
Customary law
Fill in the blank: The Twelve Tables were created in ______ BC.
450
Which social classes were primarily involved in the early development of Roman law?
Patricians and Plebeians
What role did the pontiffs play in early Roman law?
They were responsible for interpreting and applying religious law.
What was the significance of the Lex Canuleia?
It allowed intermarriage between patricians and plebeians (upward mobility), as well as permitted plebeians to become magistrates. This latter lead to greater knowledge of the practice of law.
True or False: The Twelve Tables were the first written laws of Rome.
True
Who were the ‘magistrates’ in early Roman society?
Elected officials who administered the law.
Fill in the blank: The principle of ______ was essential in early Roman law, emphasizing that laws should be known to all.
publicity
What was the primary function of the praetor in early Roman law?
To oversee legal proceedings and ensure justice.
What were the ‘leges’ in the context of Roman law before the Republic?
The laws enacted by the people (plebs and patricians) in the Roman assemblies.
Fill in the blank: The ______ was a key document that established legal procedures in early Rome.
Twelve Tables
What was the significance of the Lex Hortensia?
It made decisions of the Plebeian Council binding on all citizens.
Who were the ‘patricians’ in early Roman society?
The aristocratic class with political power.
What is ‘ius civile’?
The body of laws that applied to Roman citizens.
What was the role of the Senate in early Roman law?
Advising magistrates and influencing legislation.
What were ‘plebiscites’?
Resolutions passed by the Plebeian Council.
What, according to Papinian, are the sources of Ius Civile?
Lex, plebicites, senatus consultus, edicts/decrees of princes.
What was the Lex Publica?
Magistrates, or later, the senate, propose laws that are voted upon in the comitia by the plebian and patrician assemblies
What are the two assemblies possessing legislative power?
Comita tributa, Comitia centuriata.
What is the importance of this principle of publicity?
To prevent arbitrary rule through uncertainty of law and rights, and to vindicate and protect those rights. Significance of Twelve Tables including procedural law.
What were the Fastes
These were the holy days during which the Magistrates were directed by the Pontiffs not to hold court.
In the pre-Republic, were the Magistrates experts of the law?
No, the law was interpreted entirely by the Pontiffs who were selected from the Patricians.
What was the primary contention of the plebeians that lead to the Law of the Twelve Tables?
The lack of knowledge of the law and the uncertainty of their rights that arose from this.
