THE MEANING OF THE XII TABLE LAW

Abstract

The XII Table Law, which has not survived in its entirety to the present-day, was completed in 449 BC. This law, thought to be based on ancient customs, reflects the understanding of the early Roman people. The interpretations of the Law that have survived to present-day date backs to classical legal period. In this respect, we need to approach the interpretations of classical period Roman jurists carefully. Some articles of the law have survived to the present-day are not authentic but in their interpreted form. For understanding the law correctly, authentic articles must be examined. The translations of the Law of Table XII are incorrect. Authentic articles of the law should be translated and evaluated in accordance with the original. While making this evaluation, meanings of concepts from classical period should be ignored. The opposite would be an anachronistic attitude. For example, “in ius vocatio” refers to meeting held before the magister in classical period, but it may lead us to falsehood to think that it means the same thing for early period. Only an evaluation of the original version can reveal the meaning of the concepts, and the transformation they experienced in classical period. In any case, even if the real meaning cannot be reached, it is hoped that this study will at least initiate an academic discussion to re-examine the text in question. For this reason, first the existing interpretations and translations were briefly discussed, then a literal translation was made and the text was briefly analysed.