Il mancato diritto al pagamento della prostituta: echi romanistici nella giurisprudenza italiana

This article addresses the denial of a prostitute's right to remuneration as a form of 'discrimination within discrimination', by comparing contemporary Italian law with Roman law. After outlining the abolitionist framework introduced by Law no. 75 of 1958 and the traditional view that considers agreements between prostitutes and clients void for reasons of public morality, the analysis highlights the discriminatory effects resulting from the refusal to recognise any enforceable claim to payment. Particular attention is paid to a 7 May 2014 decision of the Rome District Court, which prompted a reassessment of Ulp. 26 ad ed. D. 12.5.4.3. Read in the light of interpolational criticism and of the Basilica, this source suggests that in Roman law the infamis status of the meretrix did not preclude her entitlement to remuneration. On this basis, the article argues for a reconsideration of the prevailing interpretation of positive law, with a view to strengthening the protection afforded to the weaker party to the relationship.