Del derecho griego (Solón, F60a [R]) a las XII Tablas: un caso de intertextualidad jurídica

Abstract

Through a philological and legal methodological perspective, this article will be started by analyzing the VII Table from a literal and systematic i nterpretation of D. 1 0. 1 . 13 -where both a reference to the commentaries of Gaius and an apparently direct quotation from the Athenian lawgiver Solon (F60a [ R]) are found-. A comparative reading of the ancient Latín text and the Greek legal provision will be attempted. In this sense, most problems arising from the fragmentary transmission of Athenian Law can be overrun by the existence of other literary and philosophical sources which are able to confirm the authenticity of the Solonian evidence and the Latín remission: we are referring to the excerpt 2 3 . 7. 1 -8 . 5 . of Plutarch' s V it a Solonis and a short allusion within Plato's Laws (Book VIII). Once the comparison bewteen Greek texts and the content of the Twelve Tables is achieved, the possibility of confirming a close contact between both rules will allow us to identify a case of legal 'intertextuality'.