Diritto romano e formazione degli aspiranti magistrati

This article examines the role of Roman law in the training of aspiring judges in Italy from the post-war period to the reforms introduced by the so-called Cartabia reform. It reconstructs the place occupied by Roman law in judicial recruitment procedures between 1947 and 1997, when references to Roman law formed part of the written civil law examinations for entry into the judiciary. Through an analysis of examination topics and recent oral examination questions, the study argues that Roman law was not employed merely to identify the historical origins of contemporary legal institutions. Rather, it functioned as a tool for developing legal reasoning, interpretative skills, and historical awareness. The examination materials reveal a persistent focus on areas of Roman legal experience in which discontinuities with modern law are often more evident than continuities. The article then considers the transition from Roman law as a competitive examination subject to the introduction of “Foundations of European Law” within the Schools of Specialization for Legal Professions. It argues that this transformation reflects a broader redefinition of the educational function of Roman law: from a body of substantive knowledge to a method for training legal interpretation. Finally, the article suggests that, following the Cartabia reform and the return to a first-level judicial competition, Roman law may continue to contribute to the education of future judges as a laboratory of legal reasoning, legal writing, case analysis, and historical understanding of law. Its enduring value lies in fostering systematic thinking and awareness of the dynamic and historically contingent nature of legal categories.