The existence of a law called the "Twelve Tables" is indispensable when talking about the Roman Republic.
I think most people remember it as a word but not at all as a content.
This time we will talk about the Twelve Tables.
The original text of the Twelve Tables is not actually known in modern times
The reason why the Twelve Tables is designated as the most important term in Yamakawa's textbooks is that it is the first and only statutory law in Rome.
The law includes customary law, statutory law, and judicial law, and the Twelve Table Law was the only component law in the history of the Roman Empire that lasted from the 8th century BC to the 5th century BC, that is, the law with the provisions of the text. ..
In the first place, statutory law is rare in ancient society. Even now, some cultures do not have a clear ingredient method.
By the way, the reason why the original text of the Twelve Tables is unknown is that the country of Rome did not delete the Twelve Tables, but added the contents as needed.
So I don't know which sentence was added where.
The number "12", which was the origin of the name, was engraved on 12 bronze plates, and it was installed in the Roman Forum, the center of Rome, and it seems that it was also the basic culture of Roman citizens. ..
Unfortunately, the bronze plate was lost during the Celtic invasion of 390 BC.
I would be grateful if you could refer to the following articles regarding the Celtic invasion.
Background of the enactment of the Twelve Tables
It is said that the Twelve Tables Act was enacted around 450 BC, and at that time there was a difference in status between the commoner class called Plebeians and the aristocratic class called Patrician.
Specifically, marriage between aristocrats and commoners is not allowed, the number of votes of commoners is small in voting rights, and commoners who have equal military service but do not have land are often debt slaves. rice field.
Therefore, the Roman side also decided to send a delegation of three people to the developed country Greece, which had eliminated the difference in status between the commoners and the aristocrats.
Greece at that time won the Persian War, and in Athens Solon's reform Was about to sprout.
The completed Pericles The democracy of Athens had a great influence on Roman politics when the aristocratic power was weakened and the commoners were strengthened.
After that, a 10-member committee (Dekenvili) was set up by 10 people, including 3 people who returned to Japan to emulate the reform of Cleisthenes, but the real power was Appius Claudius, a prestigious Roman aristocratic Claudius family. It seems that he was holding it.
By the way, how prestigious the Claudius family is in Rome is that the second Roman emperor Tiberius to the fifth Nero are occupied by people related to the Claudius family.
The text taught by Appius did not seem to convince the Plebeians of the time.
The dissatisfied Plebeians stood in the "Monte Sacro (holy mountain)" in the northeast of Rome, and the Patrician side was left behind to complete the Twelve Tables.
Key points of the Twelve Tables
The contents of the Twelve Tables are diverse. Although there is a description about the trial, most of it is civil law content such as property rights, and the rights of commoners have come to be generally protected. There are some radical provisions such as "Clearly ugly children must be killed", but the commoners have been granted the rights to trials that have been monopolized by aristocrats, and equality in law has been clarified. Was epoch-making at that time.
However, it seems that the content was not sufficient, such as the fact that marriage between aristocrats and commoners was still prohibited.
It was the Canuleia Act of 445 BC that allowed commoners and aristocrats to marry. It can be said that the foundation of the relationship between modern civil law and commercial law, that is, general law and special law, was laid at this time.
If the general law and the special law conflict with each other in terms of the same content, the basis for which the special law is preferentially applied can be seen in the Roman law of this time, which later influenced France, Germany, and the United Kingdom. It also affects current Japanese law.
It can be said that the Twelve Tables have a great significance in that it affects even today's law.