Alcune riflessioni sul rapporto tra il carattere popolare dell'azione e la legittimazione attiva

Abstract

The purpose of this article is to reflect on the relation between the popularity of the actio and an active legitimacy attributed to quivis de populo(anyone among the people) which, according to jurists in the Severian Age, seems to be the distinctive feature of every popular action. An analysis of the main actiones populares introduced by the praetor’s edict reveals that the circumstances it granted had an evident social relevance. Thus, the popular nature of the action laid on the attribution to every civis of the right to defend collective interests regardless of his direct involvement. By an actio popularis any violation to personal interests was punished, provided that this action also served to protect the public interest. Therefore, the need to punish it justified an extension of the individuals who could bring such action.