Legal Definitions - doli incapax

Doli incapax is a legal principle, originating from Roman law, which translates to "incapable of wrong." It refers to the presumption that a person, typically a very young child, lacks the mental capacity to understand the nature and wrongfulness of their actions, and therefore cannot be held legally responsible for committing a crime or a civil wrong (known as a tort).

This principle acknowledges that young children do not possess the same level of cognitive and moral development as adults, and thus cannot form the necessary intent or appreciation of consequences required for legal culpability.

• Example 1 (Civil Liability): Imagine a four-year-old child playing in a neighbor's garden who, without understanding the concept of property damage, picks all the flowers and throws them over the fence.

  In this scenario, under the principle of doli incapax, the child would likely not be held personally liable for the damage. They are presumed too young to comprehend that their actions were wrongful or caused harm in a legal sense. While the parents might still face liability under different legal theories (e.g., for negligent supervision), the child themselves is considered incapable of committing the tort.

• Example 2 (Criminal Responsibility): In some legal systems, there is an age below which a child is considered doli incapax for criminal offenses. For instance, if a six-year-old takes a toy from a store without paying, they might be presumed incapable of forming the criminal intent (known as mens rea) required for theft.

  The law assumes that a child of this age does not possess the cognitive and moral development to understand the concept of stealing, the ownership of property, or the wrongfulness of their actions in a criminal context. Therefore, they cannot be charged with a crime.

• Example 3 (Accidental Harm): A five-year-old child, while playing with a ball in their yard, accidentally throws it over the fence and it breaks a neighbor's window.

  While the action caused damage, the child is presumed doli incapax because they likely did not intend to break the window and lacked the understanding of the potential consequences or the legal wrong associated with damaging another's property. Their actions are seen as an accident stemming from a lack of mature judgment, not a deliberate tortious act for which they can be held personally responsible.