Lex inscripti maleficii. Análisis de una ley ficticia

Abstract

When investigating the relationship that may have existed between Latin declamations and the Roman legal experience, the study of the lex inscripti maleficii Latin declamations and the Roman juridical experience, the study of the lex inscripti maleficii is something of a challenge. There is no trace of such a rule in legal texts and it is often presented as a paradigm of the activity of schools of rhetoric, detached from the real processes that took place in the forum. This study proposes a new analysis of the scholastic norm. It starts from the reflection that historiography has carried out on it and then examines in detail all the arguments used in the declamations that had it as a protagonist. It is on the basis of these arguments that new questions arise from which to analyse the law. New ways of questioning its connection with reality that point towards a particular relationship with the Roman juridical experience.