The nature of the mule

• du Plessis, Paul ^[1]
  1. [1] University of Edinburgh

     University of Edinburgh

     Reino Unido

     
• Localización: RIDROM: Revista Internacional de Derecho Romano, ISSN-e 1989-1970, Nº. 29, 2022, págs. 1-22
• Idioma: inglés
• Enlaces
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• Resumen

  • This paper is concerned with the emergence of the concept of imperitia (lack of skill) as a form of culpa (fault) in the context of the Roman contract of letting and hiring. After revisiting the state of the debate, this paper focuses on one of the many different contexts in which lack of skill is discussed in Roman juristic thought, namely the mule driver. The central question posed by this article is why mule drivers were deemed in law to be “skilled” workers and how this assessment fits into the Roman jurists’ assessment of lack of skill as a form of fault.