Imperitia in the Sources of Roman Law

Abstract

The term imperitia appears several times in the sources of Roman law. This can mean a lack of professional knowledge, but also ignorance or inexperience. It always acquires its specific meaning in the discussed case. The cases in which imperitia gains importance can be classified into four larger groups. The first group consists of the cases in which the lack of expertise was considered the basis of liability. The second group includes the cases in which imperitia is a reason for not being held accountable. The third group consists of the cases in which the parties involved in the legal transaction lack legal knowledge or are mistaken in some circumstance related to the matter, and the question is whether they should bear consequences of their own ignorance or mistake. The fourth group includes the cases in which a judge makes an incorrect decision on a legal issue.