Legal Definitions - noxa

Noxa is a historical legal term originating from ancient Roman law. It refers to a harm or offense committed by someone or something under another's legal authority. This typically involved actions by a slave, a son (who was still under his father's legal power), or an animal.

When such an offense occurred, the person in authority (the owner or father) incurred a specific type of responsibility known as noxal liability. This liability gave the responsible party two primary options: either compensate the injured party for the damages caused or surrender the wrongdoer (the slave, son, or animal) to the injured party as a form of restitution.

• Example 1 (Damage by a Slave): Imagine a wealthy Roman citizen's slave, while carrying out a task, accidentally damages a neighbor's valuable pottery collection. The damage to the pottery is considered the noxa. Under Roman law, the slave's owner would be held responsible. The owner would then have to either pay the neighbor for the cost of the damaged pottery or surrender the slave to the neighbor as compensation.
• Example 2 (Injury by a Son): Consider a Roman father whose adult son, still legally under his father's authority, gets into an altercation and injures another citizen. The injury caused by the son is the noxa. The father, as the head of the household, would face noxal liability. He would be obligated to either cover the injured citizen's medical expenses and other damages or, in certain circumstances, surrender his son to the injured party.
• Example 3 (Harm by an Animal): Suppose a Roman farmer's aggressive dog escapes its enclosure and attacks a passerby, causing a serious bite wound. The injury inflicted by the dog is the noxa. The dog's owner would be subject to noxal liability, meaning they would either have to pay for the injured person's medical treatment and other losses or surrender the dog to the injured party.