Il Diritto romano come ricerca

The author invites us to introduce Roman Law more strongly into the history of ancient Rome to whose cultural identity it largely contributed. Perhaps it is time for the Romanist to stop following current law; to propose by combining the text of the Digest, normative solutions that have no historical evidence; or, also, to delude ourselves in the hope of creating new legal system able to revive the experience of the ius commune europeaum. Rather their function today seems to be to interact with the antichrists in general, to aid in the reconstruction of the history of Rome in its various eras. It is time to start a critical work of Roman Law, whose defects (not lacking) have at times been transmitted to the current law and unmasking them is crucial.

Keywords: Roman law; History of ancient Rome; Critical work of Roman law; Current Law; Ius commune europaeum.