The republican jurists had already extended the meaning of iniuria (unlawfully) to culpa (negligence). 9.2.5.1 (p. 72) and Gaius Inst. 3.211. Gaius interprets dolus (fault) as being intentional and with malice; culpa is negligence. In contrast to the other delicts where only dolus is actionable, the Lex Aquilia recognizes culpa levissima: 9.2.44 (p. 96). Negligence is first developed in the Lex Aquilia and only later extended to other areas of law.

Modern continental law recognizes negligence when a person is able to recognize the unlawfulness of his behavior and could have had the opportunity to act otherwise.

The Roman jurists leaned towards a universal measure later called the Homo constans. e.g. 9.2.31. Homo diligens; paterfamilias diligens.