Sul rapporto tra nossalità e vendetta a partire da Gai 4.75-76

The relationship between noxal surrender and revenge has been a theme of enduring fascination. Traditionally, scholars have often portrayed these two concepts as inextricably linked, with noxal surrender serving as a residual form of vindicatory retribution against the offender. Starting from Gai 4.75-76, the article intends to challenge this conventional understanding and to suggest a more nuanced and ‘rationalistic’ view of the dynamics at play. Indeed, it argues that the purpose of noxal surrender, considered both as a legal duty and as an option within the civil trial, went beyond the primeval sphere of mere revenge to include elements of penalty limitation, compensation, and social order. By deconstructing the traditional link in question and overcoming the idea of linear evolutionism, the article ultimately seeks to open a new avenue to explore the multifaceted nature of Roman law, society, and legal procedure.