Alfenus 6 Dig. D.5.1.76, L 23. Per una lettura che ricomponga diritto e retorica

The study deals with Alfenus’ passage, 6 dig. D.5.1.76, L 23, in order to understand the nature of the juridical starting point and the meaning of the long philosophical argumentation, as well as the relationship between these two components. It starts from an analysis of the syntactic structure of the text, aimed to grab elements of unity and consistency between the legal and the rhetorical plans. Then, the research delves in general into the juridical topic of the judge replacement, finally focusing the attention on the solution concretely proposed by Alfenus, in order to evaluate his conceptual tools.