The lex Pesolania de cane

Abstract

The lex Pesolania is only mentioned in a passage of the Pauli Sententiae related to damage caused by animals. In the context of liability for damages caused by domesticated animals (actio de pauperie), wild beasts (edictum de feris), and the Aquilian liability for those who incite animals to cause damage (actio ex lege Aquilia), the lex Pesolania de caneholds a specific place. However, doubts have arisen about the existence of this law because the information in the Pauli Sententiae cannot be verified. Some scholars have suggested that the text may have been modified and that the original reference could have been to the law of Solon, which could have served as a Greek model for Roman legislation regarding pauperies. Nonetheless, the practical nature of the Pauli Sententiae makes this unlikely. Other scholars have attempted to explain the establishment of a specific discipline for dogs, to address perceived shortcomings of the actio de pauperie, though without conclusive arguments. A systematic reading of the fragment suggests that the Pesolania law required keepers of dangerous dogs to keep them on a leash during the day in public places, thereby placing responsibility for any damage on the keeper rather than the dog in the event of a violation of this obligation.