Pits and Pruners: Culpa and Social Practice in Digest 9.2
Pits and Pruners: Culpa and Social Practice in Digest 9.2
This chapter examines the meaning of culpa in the context of the lex Aquilia. It considers two cases discussed by the late classical jurist Paul. Both fragments were taken by the compilers from Book 10 of Paul's commentary on the work of the first-century jurist Sabinus, part of which appears to have been devoted to the lex Aquilia. The first fragment was inserted by the compilers into a long extract from Book 18 of Ulpian's commentary on the praetor's edict, the work which forms the backbone of D. 9.2. The second fragment is one of two texts excerpted from works by Paul which follow immediately on the end of Ulpian's edictal commentary at D. 9.2.29. It identifies three criteria for liability, or more specifically culpa, at work in these cases.
Keywords: Roman law, culpa, lex Aquilia, Paul, Ulpian, liability
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