There are two opposing views in modern scholarship on the Roman praetura. According to our sources the praetorship was established in 367 bc by the Licinian-Sextian Laws. One camp of scholars accepts this basic picture, the other group criticizes it strongly. Two questions are particularly contentious: if the picture of the sources must be revised, how do we place the two consuls, and what were the original duties of the praetor?

The most prominent proponent of the first school of thought is Theodor Mommsen. In his Staatsrecht, Mommsen developed the theory of imperium, which the consuls inherited from the kings and which conferred authority in three fields: military, political and legal. The one-year limitation of the term and the potential rivalry of a second consul tended to mitigate the overwhelming power of the office. Establishing new magistracies also helped to relieve the consuls. The assignments of censor and praetor were derived from the authority of the consuls without the consuls actually ceding this authority: the consuls could always prevail over all the other magistrates, thanks to their superior imperium. In this perspective, the detailed report of Livy and the additional hints in other authors can claim some credence.