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Infamia

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Through Right to property and Roman Empire

Infamia was a form of censure more disgraceful than ignominia, which in its technical sense resulted from the censors' nota censoria, a figurative branding or marking of a citizen that included removal from the senate or other reduction of status. Ignominia, however, was an impermanent status that could be ameliorated, for instance by paying off a debt. A debtor who could not meet his obligations might eventually suffer infamia, a penalty that legislation passed under Julius Caesar sought to mitigate through payment options.

In addition to bankruptcy, a judgment of flagrant dishonesty over contractual relations and other business dealings could result in infamia. Examples of legal actions for which infamia was a penalty (called actiones famosae or actiones turpes) generally involved a betrayal of trust, at times as expressed by lack of respect for another's property rights. A successful lawsuit claiming theft (furtum) or seizure of movable goods by force (rapina) could result in infamia for the defendant. In 66 BC, a praetorian edict permitted lawsuits against "fraud by means of deception" (dolus) when no other contractual remedy was available. Dolus was so broadly defined that Cicero characterized this kind of lawsuit as a fishing expedition. A contractual obligation of mandatum was based on friendship and could not involve any payment, but a lawsuit could be brought to seek restitution for loss or damage; a depositum was the contractual placing of property in the keeping of someone who was not supposed to use it, and legal action could be undertaken to show that the depositary did not fulfill his obligation or refused to return it. A conviction for either an actio mandati or an actio depositi resulted in infamia primarily for breaking one's word, beyond material or financial loss.

Iniuria (from which English "injury" derives) was a broad category for a wrongful act that could be penalized by infamia, including bodily harm and damage against property or reputation, as well as "affronts to decency" and what would now be called sexual harassment.

Other grounds for infamia included dishonorable discharge from the military, bigamy, and "misbehavior in family life."

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