I presunti tentativi di codificazione nella tarda ‘res publica’ romana fra mistificazione e realtà

This essay aims to reconsider, based on all available sources as well as some clues from recent papyrological findings, the alleged attempts at codification mentioned in ancient Rome during the late republican age. In this regard, Isidore of Seville ascribed the paternity of the idea to Pompey, but from the analysis carried out, this record is highly improbable (i.e., constructed later and on purpose) according to a more detailed historical reconstruction. On the other hand, it is certain that Julius Caesar included in his catalogue of impressive – and sometimes visionary – projects a huge draft for the reorganisation of ius civile and leges publicae, as testified by Suetonius, but its fulfilment was prevented by his death. On this point too, the leading opinion, according to which the works of Aulus Ophilius were reflecting the results that the dictator would have wished to achieve, must be critically reviewed to point out – in the light of the correct relationship between the two figures – the measures that Caesar would have taken, had he been able.