Il diritto casistico: esperienza romana arcaica e common law

In this article the Author plays a reflection on the proper method of the "case law", illustrating its applicability to the practical needs of citizen's life, in the absence (or scarcity) of written laws. According to an inductive hermeneutical method, the ratio decidendi already used to solve similar cases prevailed, unless, by applying a “distinguishing”, the case will be solve differently. As case law system, the Author compares the Roman and English experience. If in the pre-classical and classical Roman law has been noticed many interpretative guidance (i.e. ius controversum), in the common law, given the centralized nature of the English legal system, the courts play a greater uniformity. A similar role, in Roman law, was performed only in the Archaic period, by the College of Pontiffs (Collegium Pontificum), organ that, holding the monopoly of interpretation, every year used to delegate (not more than) one of its members for consultancy to private individuals.