lex aquilia


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lex aquilia

an ancient Roman statute, probably passed in the 3rd century BC. Two provisions of it, the first and third chapters, formed the essence of the delict known as damnum injuria datum, ‘loss wrongfully caused’. The third chapter provided that if a man caused loss to another by burning, breaking or destroying the defendant's property he would be liable for the loss caused. The Digest (see CORPUS JURIS CIVILIS) is rich in discussion of what cases would or would not attract liability. Injuria originally meant simply ‘without justification’ but eventually it was developed to mean FAULT. In a developed and interpreted form it became an important part of the law of civil wrongs in the civilian jurisdictions.
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La lex Aquilia no entra a contemplar los grados de responsabilidad psicologico-volitiva del damnans.
Maria d'Arienzo, Il concetto giuridico di responsabilita. Rilevanza e funzione nel Diritto Canonico
Their topics include Penelope's dowry and Odysseus' kingship, Drakon's homicide law, restrictions on the alienation of property in early Roman law, the coherence of the Lex Aquilia, codification and canonization, and reflections on the law of homicide in the ancient world.
Ex Oriente Lex: Near Eastern Influences on Ancient Greek and Roman Law
I begin in an odd place, which is the development of the Roman law of delict--a cross between tort and crime--that is set out in the lex Aquilia found in Book IX, Title 2 of Justinian's Institutes.
The most important influence on my own views on interpretation comes from what most people would regard as an eccentric or outlandish subject: the Roman law, whose interpretive methods are best revealed in the lex Aquilia, which has two key sentences.
Beyond textualism: why originalist theory must apply general principles of interpretation to constitutional law
`And so Celsus asks,(4) if you sow tares [lolium] or wild oats in another man's crops and spoil them, not only can the owner bring the interdict against damage caused secretly or by force, but he can proceed in factum under the lex Aquilia ...'
The lex Aquilia was the foundation of much of the Roman law of delict which English and American law call the law of tort.
Matthew 13:25: sowing zizania among another's wheat; realistic or artificial?

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