expanded, more resources were needed to secure the expansion. In its earliest stages, this expansion was confined to the city of Rome and outlying areas still on the
Italian peninsula. War with Clusium is an example of conflict and acquisition between neighboring states. But a national appetite for more land and more control is as
obvious and necessary as that of a new born child crying for more milk. That desire has to be met or the crying continues. Certainly, the myth of Rome’s foundation
literally connects new born babies with the eventual desire to build something new, even at the expense of dramatic and murderous sibling rivalry. Some put the
beginning of Rome in the 7th century B.C.E., around the time that King Ahaz, of the line of the Hebrew King David, was in power over the southern kingdom of Judah.
Israel, being the Northern Kingdom in Canaan, would eventually lose to the Assyrians and be deported in what is present day Iraq while Rome slowly grew. It would be
several centuries before Roman law was written down and used as a guide. There would first need to occur a collision between a class of citizens who typified all
common people and a class of elite citizens who had the means to keep commoners in their place. Before the Gauls sacked Rome in 387 B.C.E. the common people, known as
plebeians, systematically, and without violence, convinced the privileged class, known as patricians, to form a republic. En route, the two classes of Romans argued
about legal and social protection and civil rights. It is uncanny how many times in human history this type of confrontation would take place. But it is to be
expected, given the nature of humankind and our motivation to accumulate wealth and power and then to protect both. After a class struggle of hundreds of years, ten
men were appointedyou can trust by the patriciansto create a law code. The result of their effort was two tablets short of the even dozen, but the plebeians put up a
fuss and the first ten were reviewed, resulting in the addition of two more. John Paul Adams, from the California State University at Northridge, gives us a unique
insight into the 12 Tables.
Adams paints the picture of a society emerging from its agrarian roots. The features of this society resemble developmental beginnings of many cultures, from 20,000
B.C.E. until the 3nd century B.C.E. And sociologically, we see elements of ancient clans ancient even for ancient Romeand elements of Greek society. Adams also uses
sociological terms that connect the Roman story to all stories beforehand. Here are the sociological elements in evidence in the 12 Tables, as indicated by Adams. ?
Clan ? Patronage ? Inherent right of the patricians to leadership Here are the titles of the tables. I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. Procedure: for
courts and trials Trials Debt Rights of fathers over the family Legal guardianship and inheritance laws Acquisition and possession Land rights Torts and delicts (laws
of injury) Public law Sacred law Supplement 1 Supplement 2
Activity
Pretend you’re a reporter from the 21 st century, who finds him or herself in the 3 rd century B.C.E., in ancient Rome. You find the original 12 Tables and you’re
interested in how their culture was similar to your own. Find specifics in each of the tables and discuss what you find. Is what you found similar to other systems of
law in other regions in other times?