Dalla formola alla fictio: osservazioni sui primi testi di ri-uso nell’opera di Vico

[Machine translation] Starting from the concept of discourse of re-use (Heinrich Lausberg, then Franco Brioschi), let's analyze the proto-textual forms of ancient Roman law, according to the description articulated by Vico in Universal Law (formula, exemplum, oratio, fictio). In particular, we study the notion of fictio iuris and its ontogenetic and phylogenetic role in the rhetorical-imaginative activity of the first peoples, thus underlining the heuristic value of fictio iuris in the direction of the discoveries of new science. We also explore this concept in the light of its development in the philosophy of contemporary law as well as of the most recent theories of fiction./Starting from the concept of discourse of re-use (Heinrich Lausberg, then Franco Brioschi), we analyze the proto-textual forms of ancient Roman law according to Vico's description in the Universal Law (formula, examplum, oratio, fictio). In particular, we study the notion of fictio iuris and its role in the ontogenetic and phylogenetic rhetorical-imaginative activity of the first peoples, thus emphasizing the heuristic value of fictio iuris in the direction of the discoveries of the New Science. Furthermore, we explore this concept in the light both of its development in the modern philosophy of law, and of the most recent theories of fiction.