Roman law, traditions, languages and cultures
They had different traditions, language and culture, the peoples that resided in the Iberian Peninsula, not having a common right, until the Roman colonizers arrived, not being able to affirm that they knew the written right, it only states that it had in just one town, in thethat appeared, poems and verses.
In Hispania they had mines of gold, silver, copper and iron, possessing a great economic wealth, for this reason it was a reason for conquests by foreign forces, landing in the Peninsula los Romans in 218 to 21. C, to play with the Carthaginian troops, changing their mind when seeing the resources possessed by the Peninsula, they decided to have as the first objective the conquest of the same.
After their settlement they proceeded to conquer the unequal regions, this being slow, such as béticdifficult, for his conquest, getting the same until the year 19 to. C, in which I pacific the atmosphere, Emperor Augusto to the northern towns.
In the Romanization, the most important in the present work under study was also given to the legal scale, the application of Roman law was only made, the Roman citizens, as merchants, military, therefore, was not applied to all theCitizens of Hispania. Subsequently granting citizens some Iberians from 211 to C, there are those privileged to those of the indigenous aristocracy.
Emperor Vespasiano, at 73 D. C, in legal Romanization, granted the ius Latti, as a consequence, produced that change from foreign cities to Latin cities, with the possibility of enjoying the commerce by the inhabitants, this being a way, in order to achieve Roman citizenship.
Clausuro this Romanization with Emperor Antonino, who through the Antoninian Constitution, in 212 D. C, citizens conferred to all those of the Empire and their descendants to be a Roman citizen in the subsequent, therefore, they were already subject to Roman law, and being applied the norms in force in their time.
Regarding the study fund, homicide, deaths in the Empire of Rome, being malicious or crimes resulting in death, were described as Parricidium, as stated at the beginning of the exhibition, producing a change in the Republican era.
Starting to define, the death committed by a person towards their predecessors, having the need to create another word to name this type of acts, since they were not included in that group, for this reason, the term of homicidium was born,
translating as [death of man]. In the Hebrew people, ancient Greece, legal behaviors, estimated homicide as a serious fault, being results through revenge or in their case with the Talion Law, it surprises me, that this revenge will be applied, in Roman law.
In order for individuals in Roman times to be punished, the former had to consider it as a person, in other words, to be punished they had to be part of a family and be accepted by the same pater families, contemplating their legal rights in front of the community, being the pater who had full power over the filius, having his authority over them, being able to exercise what he wanted, since his abandonment, as his sale and even his delivery for the commission of a crime.
Following the above, in the Law of the XII Tables, they had a concept of ius vitae ac necis, in which they did not suppose the crime of death of man to the woman or on the contrary of the ascendants to descendants, consisting of this oneRight, in which he had limits or exceptions to kill the wife, when he was adulterated or usually intoxicated, and with respect to the children to proceed to execute the action of killing, they had to base him, in any case so that they could protect them.
The change occurs in the Republican era, in which it was already accused of the crime of homicide, proceeding to the author’s imputation, due to the above, the Pater must already exercise this right with caution and fairly, so that they did not proceedAgainst it, in other terms, that the situation was not reversed backwards.
Subsequently to regulate this behavior and does not exceed the family nucleus, the leges rigiae was configured, for control, and implementing sanctions, consisting one of them the death penalty.
To understand what was previously narrated, we have to describe what role he exercised within the family, they conceptualized him as the head of the family, possessing his maximum authority within the house regarding private matters or problems, which arose within his bosom, inthat the public authority would not intervene, exercising disciplinary and sanctioning power inside.
Because the public authority did not mediate or intervene, to proceed to solve the problems from abroad, they applied revenge, reveal the enmity or finally revenge, ranging with an exception, in serious acts and a criminal nature, such as for exampleHomicide are publicly disclosed.
Whose purpose is to be judged by the community, and not, in the hands of the pater, through popular assemblies, so that it is public and can attend the entire population, giving a lesson and ensuring the social peace of all. This court whose mission was to solve the problems as well as avoid them, having a clear example as it is when they ruled the dates of the
revenge and truces, demanded that any animosity be communicated to him. From another perspective, regarding the private conflicts of private scope that occurred within the nucleus of different families, they had two possibilities, for their resolution. Regarding the first to perform revenge and secondly, an agreement between both parties was formalized, the first solution prevailing, since according to religion, this type of crimes alter the peace of the gods and as an effect they had to compensate forrestore that inner peace.
I can show an example of this era, the murderea calf in the presence of the Roman people, to proceed to their sacrifice in the presence of all present.
At this time I will differentiate homicide classes in Roman law, homicide of relatives, violent murder and skip, homicide for spell and magic, intentional homicide and finally homicide due to poisoning. The penalties assigned to him for undertaking of these crimes were heterogeneous, imprisonment, banishment, and forced labor, jail, corporal punishment, death penalty, to the crucifixion.
From the Law of the XII Tables, it modifies the right of families regarding revenge, in the private field, regulating the application of the death penalty, having to formalize a popular judgment for its prosecution and condemnation.
Not differentiating between the public and private crime, one of the clear examples that we find that the damage caused by the death of a citizen in the hands of another can already be compensated, imputing a pecuniary sanction, if there is the intent, otherwise, the intention of inciting death and if not, we would get close to a negligent attitude.
After the year of the bloody Civil War, the lex cornelia of hitmen veneficiis, oppressed organized bands, in which they altered the social order, whose purpose had to scan as well as their regulation, had disputes between one band and another, being financed by the groupspoliticians. It contained the homicide malicious and consecutively other crimes were applied, acquitting the subject that causes death without intention, considering at the other end, to the murderer who kills with intention (intent).
It was sanctioned with death sentences, depending on the class that came the murdere, the purposes of committing the criminal action of provoking, death to another person.
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