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Infamy, in common usage, is the notoriety gained from a negative incident or reputation (as opposed to fame). The word stems from the Latin infamia , [1] antonym of fama (in the sense of "good reputation").
In Roman law, it took the form of a censure on individuals pronounced by a competent authority in the state, which censure was the result either of certain actions which they had committed or of certain modes of life which they had pursued. Such a censure involved disqualification for certain rights both in public and in private law. [1]
Infamy is a term of art in Roman Catholic canon law. According to the Catholic Encyclopedia of 1913, infamy in the canonical sense is defined as the privation or lessening of one's good name as the result of the bad rating he has, even among prudent men. It constitutes an irregularity, a canonical impediment that prevents one being ordained or exercising such orders as he may have already received.
There are two types of infamy: infamy of law (infamia juris) and infamy of fact (infamia facti). [2]
Infamy of law is contracted in one of three ways. Either the law itself attaches this juridical ineligibility and incapacity to the commission of certain crimes, or makes it contingent upon the decision of a judge, or finally connects it with the penalty imposed by the judge. This kind of infamy is incurred chiefly by those guilty of duelling (whether as principals or seconds), rape (as likewise those who co-operate in it), attempt to marry during the lifetime of the actual consort, heresy, real simony, etc. Infamy of law may be removed either by canonical purging or by application to the Holy See.
Infamy of fact is the result of a widespread opinion, by which the community attributes some unusually serious delinquency, such as adultery or the like, to a person. This is more of an unfitness than an irregularity properly so called, unless sentence in court has been pronounced. It ceases therefore when one has shown by a change of life extending over a period of two or probably three years that his repentance is sincere.
A crime consisting in acts which society not only forbids but also considers as highly immoral and particularly dishonoring, as defined (variously) in certain legal systems, as in Poland; in its origin, in Ancient Rome, infamia was the mark of disapproval of the censors on moral grounds - often such 'legal immorality' is largely defined according to the state - or de facto dominant religion.
In the Polish–Lithuanian Commonwealth infamy (infamia) was a more severe form of exile sentence. A noble who has been sentenced to infamy, known as infamis, lost the protection of the law and there was a reward for his death (this was similar to the common law concept of outlawry). In addition, a banished noble (banita) who killed an infamed one could expect his exile sentence to be revoked.
Canon law is a set of ordinances and regulations made by ecclesiastical authority for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
The word anathema has two main meanings. One is to describe something or someone that is hated or avoided. The other is to refer to a formal excommunication by a Holy Catholic Church. These meanings come from the New Testament, where an anathema was a person or thing cursed or condemned by God. In the Old Testament, an anathema was something or someone dedicated to God as a sacrifice, or cursed and separated from God because of sin. These represent two types of setting apart, one for devotion, the other for destruction.
Retributive justice is a legal punishment that requires the offender to receive a punishment for a crime proportional and similar to its offense.
Priscillianism was a Christian sect developed in the Iberian Peninsula under the Roman Empire in the 4th century by Priscillian. It is derived from the Gnostic doctrines taught by Marcus, an Egyptian from Memphis. Priscillianism was later considered a heresy by both the Eastern Orthodox Church and the Roman Catholic Church.
Delict is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct.
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority as defined in Catholic canon law.
In Roman Catholic theology, a theological censure is a doctrinal judgment (censure) by which the Catholic Church or Catholic theologians stigmatize(s) certain teachings or opinions as detrimental to faith or morals or both.
Canonical admonitions are a preliminary means used by the Catholic Church towards a suspected person, as a preventive of harm or a remedy of evil.
A faculty, in the canon law of the Roman Catholic Church, is an ecclesiastical right conferred on a subordinate, by a superior who enjoys jurisdiction in the external forum. These rights then allow the subordinate to act, in the external or internal forum, validly or lawfully, or at least safely.
"Appeal as from an abuse" is a legal term applied in the canon law of the Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could also mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.
Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
The theological notes designate a classification of certainty of beliefs in Catholic theology.
In ancient Roman culture, infamia was a loss of legal or social standing. Infamia, a Roman legal term, excluded Roman citizens from legal protections. This official exclusion was imposed by a censor or praetor. During the Republic and Principate, infamia damaged one's esteem or reputation. A person who suffered infamia was an infamis.
In the canon law of the Catholic Church, excommunication is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism. The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated person is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.
In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law. A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Historically, some ritual and regulatory customs would be recorded in texts known as customaries for use both within particular cathedrals and religious orders or for dissemination among associated ecclesial communities.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the church on a baptized, delinquent, and contumacious person, by which he is deprived, either wholly or in part, of the use of certain spiritual goods until he recovers from his contumacy. These goods can encompass access to the sacraments, participation in certain liturgical activities, and involvement in ecclesiastical functions.
