I iudices ordinarii nell'ordinamento giudiziario tardo romano

The purpose of the article is to show the double meaning of the expression «iudices ordinarii» in late Roman law sources. The first labels the governors of the provinces not ranked as «proconsules» («rectores provinciarum»), the second indicates the holders of ordinary jurisdiction in juxtaposition with special judges when a jurisdictional issue arises. If the latter fits well with the up-to-date concept of ordinary judges and needs no particular explanation, the former is justified by the more general indication of the province’s governor as «iudex tout court» in contemporary sources and by his fulfilment of first instance jurisdiction characterized by a lower honorary rank, rather than his lack of «iurisdictio vice sacra». It is remarkable that also in the second meaning «iudices ordinarii» indicate to some degree the «rectores provinciarum» amongst the law sources collected in the Theodosian Code