THE EVOLUTION OF THE CONCEPT OF CULPA IN ROMAN LAW
THE EVOLUTION OF THE CONCEPT OF CULPA IN ROMAN LAW

Summary/Abstract: The concept of culpa in Roman law underwent a significant evolution, from its early association with objective liability to the nuanced distinctions developed by classical jurists and codified under Justinian. Initially centered around the idea of harm (damnum) caused iniuria (unjustly), legal responsibility was assessed without regard to the internal state of the wrongdoer. Over time, however, the interpretation of the Lex Aquilia by Roman jurists introduced a shift toward subjective fault. Culpa, alongside dolus (intent), gradually emerged as a decisive element in determining civil liability, especially in delictual and contractual contexts. This paper traces the development of culpa, with particular focus on its various forms—lata, levis in abstracto, and levis in concreto—and analyzes how these distinctions influenced the legal treatment of obligations in Roman jurisprudence.

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