Il fondamento giuridico relativo alla nuova procedura di nomina del dittatore nella narrazione liviana

This contribution is aimed at determining the extent of the peculiar Livian clarification, in the context of the typification of the constitutive causae that should have determined the creation of the magistracy, with respect to the change in the procedure for appointing the dictator that took place after 217 BC. Unlike the literature that explained the intervention of the centuriate committee in the designation procedure on the structural level based on the previous rogatio of the praetor or in the political agreement reached between the different orders, indeed in a sense homogeneous to its own functional description in the evaluation of the historian it appeared justified by the condition for which it would have voted the conferral of a circumstantial power to strengthen the city limits and set up garrisons as well as to prepare for the removal of the bridges over the rivers. Therefore, absolute power would have been possible to exercise it in a unique way outside the boundaries of the city and the territory where in reverse the residences of the senators stood who granted the assignment voted by the centuriate committee and which constituted the specific causa enucleated by Livius as a foundation the creation of the magistracy. The temporal and institutional concatenation of the Livian discourse, the appointment of the dictator in 217 BC., the one attested in 216 BC., based on the homogeneous reference to the iussum senatorial but asserting an adhesion of later historians and omitting the recall to the interregni causa present instead in the testimonies annalistics, as well as that which occurred in 210 BC, in which the controversy between the consul and the senate concerned precisely the territorial context, had as a certain and no longer doubtful outcome the rogatio proposed by the tribunes of the plebs and the approval by means of the vote of the plebeian council.