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Abstract The paper aims to review the scientific path developed by Franco Gnoli in his investigations on Roman criminal law through the study experience in the field of crimen peculatus.

Abstract The recent book by Sandro Schipani, invites legal scholars and, in particular, Roman law scholars, to reflect upon its role and impact. Therefore, we will address the development and diffusion of Roman law, focusing on the authors who contributed to the evolution of this field of law and on Roman law spreading all around the globe. Furthermore, we will consider the equalizing force of Roman law, its expan-sive capacity, and its potential to promote peace within and between nations.

Introduzione agli atti della Giornata tenutasi in data 17 marzo 2023 all'Università degli Studi di Milano in ricordo di Franco Gnoli, a un anno e mezzo dalla scomparsa del Maestro.

ABSTRACT The methodological rigor and acting according to words make Professor Franco Gnoli an example to follow. The scientific vision that can be obtained from his works of the Roman public and criminal law, which he studied in an era where was instead prevalent the interest in private law, paved the way for a broad revisitation of Mommsen’s theoretical approaches. This perspective was and still is highly fruitful because it highlighted the unity of the legal phenomenon in the thought of the Roman jurists. His memory is alive in all the students he trained through his rigorous and passionate lessons in Roman Law and who then followed his footsteps in the Academia.

Abstract The condition of women has changed a lot throughout history, but nowadays some stereotyps and forms of discrimination are the same as in the past. On 17 November 2023, a conference was held in University of Milan, during which the theme of female empowerment was analysed by many different points of view. Particular attention was paid to the “paelex”, female figure object of study in the works of Ferdinando Zuccotti.

Abstract In memory of Franco Gnoli, this essay is an assessment of him as a master of Roman criminal law, through an indication of the most important conclusions reached in his research on crimen sacrilegii.

Abstract The text aims to propose a summary speech on Constitutiones Sirmondianae, highlighting the various grounds for discussion that have arisen from reading them since the first edition of 1631: discovery, attribution, authenticity, and above all the themes they deal with considered one by one, and thus the 4th-5th century society to which they refer. The topic that all of them involve, which is the episcopalis audientia, must attract a minimum of specific attention, and can perhaps be interpreted in a more ‘political’ sense: in the concessions that Constantine and the emperors after him had to make to the new religion, the episcopalis audientia attracted a practice of ‘judgment’ of the bishop that had been consolidating in the Christian community, which also became ‘opinion’ or, if you like, ‘testimony’, to be examined by the civil judge.

Abstract This essay is a nostalgic memory of moments spent together with Franco Gnoli at the University of Milan.

Abstract The paper aims to outline some relevant aspects of Franco Gnoli’s methodology and lines of interest with regard to the historical emersion and legal definition of the crimen expilatae hereditatis. Particular attention is devoted to the identification of the notion of this crime and its area of application.

Abstract This essay aims to illustrate the main features of ancient Christian litera-ture, focusing in particular on multilingualism, multiculturalism, popularity and functionality. In the second part, the essay presents two examples of texts that may be of particular interest to legal scholars: the Acts of legal trials against Christians and the texts on marriage.

Abstract This paper provides the «Cronaca» of the XXVIth International Conference of the Accademia Romanistica Costantiniana, held in Spello from 15 to 17 June 2023. The event marked an important milestone: the 50th anniversary of the Research Centre of the University of Perugia. In consideration of this special anniversary, the inaugural session was intended to recompose the historiographical lines drawn by the «Accademia» in this fifty-year period and to outline new research perspectives. In the subsequent sessions, the more than twenty-five papers that followed dealt with relations between East and West in a multiform perspective: in particular, the mobility of people, the circulation of legal knowledge and the comparison of divergent legislative choices between the partes Imperii were explored.

Abstract The contribution focuses on the publication of Diocletian’s edict on prices in Egypt. A scrap of papyrus, from Oxyrhynchus, PSI. XVII 1685 recto, preserves the initial part of a text that the editor Marco Stroppa has recognized as the draft of a publication edict of a strategos, datable between 293 and 305. The PSI. XVII 1685 recto’s review suggests it is the draft of the publication edict of Diocletian’s tariff: it would be an important testimony, which adds to the law’s publication in Phrygia, by Tiberius Fulvius Asticus. Precisely this edict of the praeses provinciae allows to integrate the surviving lines of PSI. XVII 1685 recto, and to reconstruct the entire text.

Abstract On 14 April 2023 the presentation of the book Ἡ Πεῖρα - Die Peira: Ein juristisches Lehrbuch des 11. Jahrhunderts aus Konstantinopel was held at the University of Milan. The work consists of an edition, translation and commentary of a collection of jurisprudential cases from the Byzantine era. The publication of the two volumes, edited by Dieter Simon and Diether Roderich Reinsch, created an opportunity for discussion and dialogue on various topics pertaining to Byzantine law, for which the Peira is an important source of knowledge.

Abstract The present work is concerned with investigating the “feminine silence”, in the procedural field, trying to free it from the notion of behavior imposed on the female universe by the ancient legal system by virtue of a choice of gender, but rather envisaging it as a consequence of an “occasional non-participation in the army” following Servian’s social classification.

Abstract Ferdinando Zuccotti in his latest volume analyzed with peculiar accuracy and scientific care, with which he has always conducted his research, the evolution of the concept of paelex typical of archaic Rome as an element for reconsidering new itineraries of investigation without preconceptions on the elements and structure of marriage in dating times. The Author through the lexically ambiguous figure of the paelex, has offered the wedge to open a new perspective and rereading the roman marriage system through the axiom that the ius Quiritium did not contemplate it as the engaged were civilly legitimate spouses consequently to the conventio in manum. From this openness derives the need to review the very structure of conjugal unions in archaic Rome, in the effort to focus with analysis and synthesis on a period on which the sources are particularly scarce, almost non-existent.

Abstract - Some texts by Alfenus Varo and Titius Aristo speak of an actio negatoria granted in cases where the servitude relationship appears difficult to configure: since the formula ‘ius non esse ’ is also used by Alfenus in place of reivindicatio, it appears extremely likely are not hypotheses of edictal actions but of formulas dating back to the procedure of the agere per sponsionem.

Abstract - The essay deals with a theme that, during the central period of the last century, was the object of a radical contrast of addresses, the one of the ‘reconstitution’ of extinct servitudes, and it shares the idea that the most significant law sources quoted concerning it would be suitable to certify the recurrence of the phenomenon (at least) till late antiquity.

Abstract - The interpretatio Gai Institutionum Augustodunensis is – despite the large lacunae in the manuscript that made it known in 1897 – an exceptionally important document. This scholastic commentary – written at the end of the 4th or on the threshold of the 5th century A.D. – allows us to perceive how the law of the age of the principate still represented the centre of gravity of scholastic education in Late Antiquity. What we hear again, in the Interpretatio of Autun, is precisely the vox magistra celebrated by Justinian in the constitutio Omnem 1. This writing was probably composed in the Galliae, perhaps within the Menianae scholae of Autun.

Abstract - The frequency and intensity of the number of constitutions promulgated by Honorius varied considerably during the twenty-eight years of his reign. The aim of this contribution is to analyse the leges promulgated in the year 413, with particular regard to the summer. It may be noted, in fact, that the African diocese monopolized the legislator's attention. Honorius promulgated measures on two issues: on the one hand, he dealt with the difficult coexistence between the possessores and the militia who, more and more frequently, asked to be hosted on the estates during the discharge of their duties; on the other hand, Ravenna’s concern was to eliminate any trace that could be attributed to the consul Heraclianus, author of an incursion into Italy in the summer of 413, with the declaration of hostis publicus and the rescissio actorum.

Abstract - This paper firstly describes, though very briefly, the state of the studies and essays on general aspects of daily life in Roman age; among such studies, specific attention is given to how urban areas conceptually near to what we call nowadays “public parks” were conceived and enjoyed. To this regard, this paper explains the notion of “parco pubblico” (public park) that can be inferred both from the Italian (also in relation to the juridical usage) and from the Latin vocabulary (till Middle Age language), mostly in connection to specific uses of ‘hortus’. Then, the Roman notion is examined for what concerns its juridical relevance. Thus, the paper goes on by investigating the juridical regulations and a parallel defence that could be called administrative (concerning mainly penalties given by non-jurisdictional authorities) and judiciary in reference to such areas, and by showing how these aspects were at the origin entangled with divine law (in particular with the defence of sacred woods). Quite soon, namely already in the middle of the Republican age, as the conclusion of this paper shows, specific ways of defence in reference to the above mentioned areas can be found firstly inside the municipal body and then also in more general rules included in the Pretorian edict (mostly through interdicts), by such letting a specific town planning policy emerge, mostly from the middle of the Imperial age.

Abstract - The linguistic derivation of ‘opera’ from ‘opus’ allows us to advance useful hypotheses on the recent nature of the locatio operarum. From the primitive unity of the locatio-conductio the locatio operarum would in fact have detached itself from the locatio rei in order to move the object of the assignment from the person of the worker to his activity and thus allow the work of the free man who subjected himself imperio alterius et potestati (Cic. Off. 22) for economic reasons. An attraction towards the obligation to do from the original obligation to give would have been exercised precisely by the locatio operis, which left the worker with greater managerial autonomy, limiting the control of the counterpart to the fairness of the corpus perfectum to be returned, without dividing the actions into individual operae to be carried out under the guidelines of others.

Abstract - The transcription of Eugen Huber’s notes on Karl Georg Bruns’ ‘Pandekten’ course held in 1870 in Berlin constitutes a meritorious work that makes a previously unpublished source available: it is an important testimony not only of the romanistic training of Huber, the father of the Swiss Civil Code, but also of the teaching role of Bruns, from whose lectures emerges the awareness of Roman law as a common basis for European legal culture.

Abstract - The paper deals with aequitas and its relationship to ius from the perspective of the declaimers of Seneca the father’s anthology of controversiae, a scholastic practice in many ways connected to the world of jurists, which also teaches to apply rhetorical status theory, in turn of great importance for the development of jurisprudence. In them, aequitas, which appears in the divisio between quaestiones iuris and quaestiones aequitatis or tractationes, adapts the ius, general and abstract, produced by the lex to the individual concrete case without opposing it.

Abstract - In ancient Rome, the phenomenon of infants fed by hired nurses could be dated back as early as the late republic. The practice became even more widespread during the imperial age, owing to the updating social customs and the medical culture of that time. Although it is widely believed in the literature that the age of the Antonines there was an attempt to curb this tendency, by reverting back to encouraging mothers to assume the role of feeding the infants, there is no specific legislative intervention to attest. However, my research points out that the testimony of Gellius, who reports on Favorinus, a strenuous defender of traditional maternal care for infants, and some other sources from the 2nd century seem to give actual confirmation of the great topicality of this subject at that historical moment.

Abstract - The contribution makes available in open access the translation from the German into Italian of the first part of one of the classics of Roman law studies, Das edictum perpetuum. Ein Versuch zu seiner Wiederherstellung by Otto Lenel. The reconstructive effort of praetor’s edict, elaborated by the German scholar who lived at the turn of the nineteenth and twentieth centuries, is to this day in its entirety still unsurpassed.

Abstract - Using fallacious argumentative means, such as the antistréphon, causes dilemmas and leads the judge to not decide and therefore to postpone the trial, thus avoiding an injustice verdict. Noctes Atticae by Gellius contains an example (5.10.1-16). In another passage (12.7.1-7) the dilemma and the deferment of the trial are determined by the same facts advanced in the judgment. By both Gellian passages, postponing the judgement is a substantial non liquet but with the function of preventing an injustice.

Abstract - This report retraces the central passages of the conference Classical Jurists of Jewish Origin in German Legal Science in the Nineteenth and First Half of the Twentieth Century, organized by Fulvio Cortese and Luca Nogler of the University of Trent, two days of work in which the figure of Hugo Sinzheimer (1875-1945) and the jurists presented in the work, Jüdische Klassiker der Deutschen Rechtswissenschaft of 1938, were discussed. Scholars of public law, Roman law, labor law, as well as philosophy of law, morality and politics were confronted with the personalities and works of a selection of the jurists included in Sinzheimer's work.

Abstract - The work examines the involvement in entrepreneurial activity, especially maritime, of alieni iuris and females. In the context of the broad theme relating to the relationships between man, land and sea (on which some preliminary reflections are carried out), the various roles relating to the administration of the ship (exercitor and magister navis) and the possibility of their entrustment to people other than pater familias are briefly reconstructed. A comparison follows between the text contained in D. 14.1.1.16, relating to the actio exercitoria, and the analogous affirmation reported in D. 14.3.7.1 on the actio institoria, from which the irrelevance results of sex and of subjection to potestas, on one side of the exercitor, on the other of the institor. In the light of these sources, the intermediation of filii familias, slaves, women sui iuris and in power, as well as subjects of minor age, is taken into consideration, with a distinction between impuberes and adulescentes.

Abstract - The theme of the lex Voconia is illustrated by the author in an innovative way with respect to the previous bibliography on the subject, focusing on the rationale of the lex of wanting to affect the juridical-social position of women. It is illustrated how the provision was often evaded – also through recourse to historical sources – and how, despite the validity of the law, there were Roman marriages in possession of large assets. The problem of female succession thus presents itself as a starting point for reflection on the juridical status of women.

Abstract - The contribution consists of the translation from German into Italian of the essay by Hermann Usener, Italische Volksjustiz, which appeared in «Rheinisches Museum für Philologie », in 1901, on the issues of sacertà and occentatio, a topic of great relevance in contemporary romanistics, declined through the examination, above all, of Plautine sources.

Abstract - It is known that the hostile attitude of Marcus Aurelius towards Christianity has even an autograph attestation in a famous fragment of Marc. Aur. Τὰ εἰς ἑαυτόν 11.3, based on this testimony the princeps philosophus, on the one hand reproached the Christians for their lack of reasonableness, on the other the obstinate theatricality with which they faced martyrdom. At the end of an analysis aimed at retracing the testimonies of the acts of the Martyrs, apologists and historians and writers, it was decided to 'drop' the individual episodes attributable to the twenty years of the Aurelian principality in the broader context of administrative and legislative reforms of the princeps . What emerged was the absence of an ad hoc regulatory provision and more generally a hostile attitude of administrators and officials, which also reflected a hostility of the ‘intellighenzia’ of the time. In essence, more elements, local – such as the gladiator shows – and global, such as the plague and religious and normative conservatism, as well as the administrative reorganization, contributed, perhaps beyond an ill-concealed antipathy of the princeps, conservative both in the legislative and in the religious one, to create unfavorable conditions for Christians, during the Aurelian age.

Abstract - A precious epigraphic document, a latin inscription from Alba Fucens from the first half of the first century AD, which can be reconstructed in its content also thanks to the sixteenth-century transcription by the humanist Mariangelo Accursio, offers the opportunity to take a look at certain aspects relating to the administrative organization of the Italic municipia of the early imperial age. The epigraph provides interesting informations about the judicial structure of municipium and certifies the presence in Alba Fucens of a praefectus Caesaris, a key figure in defining the relationship between local communities and central power in the changed context following the bellum sociale; last issue worth noting is that relating to the mentioned public building intervention which fits well into the activity, typical of this period, aimed at adapting the city facilities to the new political needs arising from the urbanization process following the end of the social war.

Abstract - The article aims to illustrate the topic of Consultatio veteris cuiusdam iurisconsulti based on the latest studies, briefly considering its various aspects (bibliography, discovery of the manuscript, its edition, formal and content aspects, nature of the work). The approach is particularly problematic, aimed at pointing out the doubts and perplexities that persist and require new solutions or hypotheses. In particular, the emphasis is placed on the possibility of a more concrete use for the particular study of the sources that appear in it (individual norms of the Gregorian, the Hermogenian, the Theodosian, the Pauli Sententiae) and their development in the Late Antiquity centuries, thanks to the specific comparison with the tradition in common use.

Abstract - Starting from the 1950s, the reaction to the interpolation critique, on the one hand, allowed the abandonment of an extremism that had led to excesses and apriorisms, and on the other, led to an anti-interpolationist extremism and to a consequent superficiality in the study of the sources, approached in a sectorial and uncritical manner, rejecting any possibility of their alteration. Illustrative of such illogical genuinism are the attempts to save two texts, namely D. 8.5.10. pr.-1 and D. 39.3.1.23, which, despite appearing to raise insurmountable problems both as regards the terminology and therefore the conceptualisations used by them, and especially the legal regulation of iura in re aliena implied by them, are considered classical. Urgent then is the need to revise this tendency, aspiring to a «critical neo-interpolationism», centred on the historical study of the text and on the identification of its possible various drafts - focusing on the specific reasons that led the late antique jurist or the Justinian commissioner to that specific type of intervention on the classical text - with the consequent return of the sources to their intrinsic diachrony.