Mommsen invented the notion that the ancient sources provide clear evidence for placing the pre-Sullan laws affecting the iudicia publica in two distinct categories, i.e. laws affecting courts in general (leges iudiciariae) and laws affecting one court (leges repetundarum, maiestatis, etc.). Fraccaro demolished it, arguing that the term lex iudiciaria had no such precise meaning in the ancient authors and that all the laws to which it was applied, before the Lex Aurelia of 70, were, in fact, leges repetundarum.
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