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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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Pits and Pruners: Culpa and Social Practice in Digest 9.2

Pits and Pruners: Culpa and Social Practice in Digest 9.2

Chapter:
(p.250) (p.251) 23 Pits and Pruners: Culpa and Social Practice in Digest 9.2
Source:
Judge and Jurist
Author(s):

Helen Scott

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0023

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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