Dittatura e stato di necessità: il caso di Spurio Melio

The essay aims to a thorough inquire into Spurius Melius' case, supposed ta have taken place in 439 b.C. Given some remarks on emergency law in the up to date context, the paper gives a full exposure on the state of the art about the case. According to scholars, Spurius Melius was treated as homo sacer, as he broke the lex Valeria de adfectatione regni. In the essay is on the contrary given credit to ancient law sources, according to which a dictatos was appointed into the case. This dictactor, Cincinnatus, treated Spurius Melius case according to the new enactments of the XII Tables. That is to say that no citizen could be deprived of his life into Rome boundaries without a damnatio, which means without a trial set forth by magistrates. Against the dictator no provocatio ad popolum was granted, which marks a separate guarantee. An outstanding part of the essay is devoted to an original interpretatio of Varro, Lingua Latina 6.30, thus to legislative procedure that took place into the early monarchy in front of the curiae