The Concept of Infamy (Infamia) in Roman Law: an Engine for Sustainable Development and Public Security – the Roman Example
Volume 3, Issue 1 (2013), pp. 31–41
Pub. online: 30 September 2013
Type: Article
Open Access
Published
30 September 2013
30 September 2013
Abstract
The long-term existence of the civilization of Ancient Rome within the framework of one national formation should be acknowledged as a unique example of national sustainability. Such sustainability was also ensured by the successful economic growth, the elements of social policy implemented by state authority etc. However, the particular emphasis should be placed on the role of very effective Roman legal system – it is the legal institutes developed within the framework of this system should be acknowledged as one of the most essential factors ensuring the sustainable development of Ancient Rome and public security. Roman “infamy” (infamia – Latin) is an example of such very important legal institute. Infamy (infamia – Latin) was applied in the situations when a Roman not only broke the law thus facing the criminal or civil liability, but also came into the collision with the society’s ethical views on what is good and what is particularly undesirable thus taking a risk to lose the reputation and to have specific restrictions regarding rights. According to the information found in the primary sources of Roman law, the shield of infamy (infamia – Latin) protected a wide range of issues significant for the society (the state military defence, morality, family values, the interests of national economic circulation, an individual’s life, health, economic interests, the right for the just trial and just settlement of individual and property disputes) thus serving as a driving force for the sustainable development of the state and society of Ancient Rome and public security.