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date: 23 October 2018

infamia

Infamia as a legal term embraces a variable number of disabilities (the common one being an incapacity to act or appear for another at law—postulare pro aliis) imposed in a variety of circumstances. It is at root social, involving loss of fama (‘reputation’) or existimatio (‘good name’), but is given legal content by leges, senatus consulta, imperial constitutions, or by the praetor's edict in specific situations, such as condemnation in ordinary criminal prosecutions, condemnation in civil actions for delict and in other civil actions in which the defendant was guilty of a breach of faith (partnership, guardianship, mandate, etc. ), engaging in certain disreputable occupations. In classical law there is no single concept of infamia (or ignominia—the earlier word: see Gai. Inst. 4. 182), but in the law of Justinian (see justinian's codification) there appears to be an attempt to generalize.

Bibliography

A. H. J. Greenidge, Infamia in Roman Law (1894) (out of date but still useful).Find this resource:

M. Kaser, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, romanistische Abteilung 1956, 220.Find this resource:

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