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Infamy is notoriety gained from actions considered dangerous, disrespectful, immoral, unethical, or otherwise perceived in a negative manner. An infamous person or organization is one considered to have said or done something that provokes public outrage, and often one who is considered blameworthy and deserving of punishment even if no sanction is actually applied. The term has been used in both secular and canon law in Europe since ancient times.
Etymology
The word stems from the Latin infamia.[1] It derives from the Negation in + fame which implies public acclaim for doing something that pleases the public. The Proto-Indo-European root of that word is *bhā- meaning to tell (as in blab or megaphone).[2]
Roman law
In Roman law, infamy was a form of censure on individuals pronounced by the censors on moral grounds, in which the censure was the result of certain actions they had committed which did not rise to the level of an actual crime, or for pursuing a lifestyle that was considered technically legal but nonetheless immoral. Such a censure involved disqualification for certain rights both in public and in private law.[1]
In canon law
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).[3]
Infamy of law
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
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.
Polish–Lithuanian Commonwealth
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 (similar to the common law concept of outlawry). In addition, a banished noble (banita) who killed an infamis one could expect his exile sentence to be revoked.
References
- ^ a b One or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Infamy". Encyclopædia Britannica. Vol. 14 (11th ed.). Cambridge University Press. pp. 512–513.
- ^ Online Etymology: PIE *bha-
- ^ Delany, Joseph Francis (1910). . In Herbermann, Charles (ed.). Catholic Encyclopedia. Vol. 8. New York: Robert Appleton Company.
