Note preliminari intorno ad autenticità e datazione del liber singularis responsorum di Ulpio Marcello

This paper deals with the authenticity and dating of the collection of responsa attributed to the Roman jurist Ulpius Marcellus and known as liber singularis responsorum. In this article, the questions arose among the scholars and concerning the genuineness of the work by Ulpius Marcellus will be addressed. From the analysis of two key fragments, in particular, it will result that the work is largely genuine. The first taken into consideration is D. 17.1.38 (Marcell. l. s. resp.), and it deals with a pledge over a jointly-owned house. By refusing the idea that the text was interpolated, I intend to demonstrate that the style of the fragment and legal reasoning are typical of the jurist Marcellus. The analysis of a second fragment, D. 29.1.25 (Marcell. l. s. resp.), concerning a soldier’s will, provides important elements for dating this work by Marcellus, as the solution offered by the latter is consistent with a rescript of the Emperor Antoninus Pius. Moreover, it seems possible to conclude that the liber singularis was the outcome of problems arising from the legal practice, yet, it was likely intended for a student audience, which explains its didactic purpose and style. The work was probably published by Marcellus to affirm his legal prestige around 160 AD.