Legal Definitions - capax doli

Definition: Capax doli (kay-paks doh-lI) is a Latin term that means "capable of wrong." In Roman law, it refers to a person who is capable of committing a crime or tort, especially someone who is old enough to determine right from wrong. It is also known as doli capax. The opposite of capax doli is doli incapax, which means "incapable of wrong."

Example: In criminal cases, a child who is 14 years old or older can be punished for a capital offense. However, a child who is under the age of 7 cannot be punished. The period between 7 and 14 is uncertain because the child is generally considered innocent. However, if the child was doli capax and could discern between good and evil at the time of the offense, they may be convicted and face the death penalty, even if they have not yet reached puberty or the age of discretion.

Explanation: The example illustrates how the concept of capax doli is applied in Roman law. It shows that a child's age is not the only factor in determining their criminal responsibility. If a child is capable of understanding the nature and consequences of their actions, they can be held accountable for their wrongdoing, regardless of their age. This principle is still relevant today in many legal systems around the world.