La romanistica ottocentesca e la ‘costruzione’ niebuhriana del ius migrandi

In 1811 and then, more widely, in 1830 Barthold Georg Niebuhr developed in his work Römische Geschichte a theory, according to which in archaic times Romans and Latins enjoyed a mutual ius migrandi. This paper examines how Niebuhr’s ideas were received by the nineteenth century Roman legal science. In particular, it is investigated how Theodor Mommsen in the Staatsrecht elaborated the fundamental principles of the theory that came to him and how he reproposed it.