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Roman Law
10/30/2007
Outline
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II. COMPARISON
OF FIRST LAWS
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III. NEAR
EASTERN LAW COLLECTIONS (Ur-Namma; LH)
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V. EARLY
GREEK LAWGIVERS (esp. DRAKON, SOLON)
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VII. GENERAL THEORIES OF WHY ARCHAIC SOCIETIES
FIRST WRITE DOWN LAWS
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THE XII IN THE CONTEXT OF
ANCIENT LAW COLLECTIONS
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1.
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Codex Ur-Namma:2100 B.C.E., Ur
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2.
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Codex Hammurabi: 1750 B.C.E., Babylon
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3.
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Drakon’s law on homicide: 621/0 B.C.E, Athens
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4.
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Solon’s laws: 594/3 B.C.E., Athens
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5.
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Codex Gortyn: ca. 450 B.C.E., Gortyn, Crete
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6.
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XII Tables: 450 B.C.E., Rome
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1.
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Ur-Namma: If a man commits homicide, they shall kill him.
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2.
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LH: If a man has accused a man and has charged him with
manslaughter and then has not proved (it against) him, his accuser shall be
put to death.
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3.
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Gortyn: Whoever is going to contend about a freeman or a
slave, shall not lead him away before trial. And if he lead him away (the
judge) shall adjudge (a fine of) ten staters in the case of a freeman, five
in case of a slave for leading him away, and shall judge that he let him go
within three days. And if he shall not let him go, he shall adjudge (a fine
of) a stater in the case of a freeman, a drachm in the case of a slave for
each day until he let him go, and with respect to the time the judge shall decide
on oath.
And if he should deny leading him away, the judge shall decide on oath,
unless a witness should declare.
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4.
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Drakon’s homicide law: Even if a man not intentionally
kills another, he is exiled.
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5.
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XII Tables: If the plaintiff
summons the defendant to court the defendant shall go. If the defendant
does not go the plaintiff shall call a witness thereto. Only then the
plaintiff shall seize the defendant.
If the defendant attempts evasion or takes flight the plaintiff shall
lay hand on him.
If sickness or age is an impediment he who summons the
defenant to court shall grant him a vehicle
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a.
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Laws binding on judges
(unlikely)
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b.
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Past verdicts
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c.
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Past verdicts with scribal
elaboration
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d.
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Academic treatise
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e.
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Propaganda
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a.
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If a builder build a house for some one, and does not construct it
properly, and the house which he built fall in and kill its owner, then
that builder shall be put to death.
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b.
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If if kill the son of the owner the son of that builder shall be put to
death
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c.
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If it kill a slave of the owner, then he shall pay slave for slave to
the owner of the house
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d.
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If it ruin goods, he shall make compensation
for all that has been ruined, and inasmuch as he did not construct properly
this house which he built and it fell, he shall re-erect the house from his
own means.
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e.
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If a builder build a house for some one, even though he as not yet
completed it; if then the walls seem toppling, the builder must make the
walls solid from his own means.
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f.
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If a shipbuilder build a boat for some one, and does not make it tight,
if during that same year the boat is sent away and suffers injury, the
shipbuilder shall take the boat apart and put it together tight at his own
expense. The tight boat he shall give to the owner.
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a.
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If a man’s wife be surprised with another man, both shall be tied and
thrown into the water, but the husband may pardon his wife and the king his
slaves.
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b.
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If a man violate the wife (betrothed or child-wife) of another man, who
has never known a man, and still lives in her father’s house, and sleep
with her and be surprised, this man shall be put to death, but the wife is
blameless.
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c.
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If a man bring a charge against one’s wife, but she is not surprised
with another man, she must take an oath and then may return to her house.
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d.
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If the “finger is pointed” at a man’s wife about another man, but she is
not caught sleeping with the man, she shall jump into the river for her
husband.
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Organization/purpose; tradition
vs. innovation (non-retroactivity clauses: 4.52; 5.1-9; 6.9-25; 9.7-17;
12.1-5; 11.19-23)
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Early Greek lawgivers (esp. Drakon,
Solon)
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1.
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People wrest power from aristocrats
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2.
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Aristocrats stabilize status quo in response to unrest
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3.
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Needs of trade
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4.
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Rise of the state
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