The problem of the concept of the blame on lex Aquilia: A functional perspective

Abstract

'This article analyses the different theories in modern Roman law studies that have been developed to understand the concept of culpa and its role in the scheme of tortious liability. Three positions are highlighted: the first sees the notion of culpa as a result of the Justinian era, under the basis that it tantamount to mere causal relation in the classical period; the second, in contrast, argues that culpa, during the classical period, corresponded to negligence, and is defined as the deviation from the good father's standard. According to a third theory, both in the classical period and later, culpa expressed a behaviour that could be considered a matter of individual condemnation. The second part of the article discusses the methodological aspects of these positions, especially of the application of strict liability and negligence-based liability to the categories of Roman law. Finally, the concept of culpa is analysed in light of its relations with causality, discarding the strict liability thesis.