Legal Definitions - in odium corrumpentis

in odium corrumpentis

This Latin phrase, meaning "in detestation of the person corrupting," refers to a historical legal principle where a consequence or penalty was imposed not just for the wrongful act itself, but specifically out of strong disapproval or condemnation of the individual who initiated or caused the corruption. It emphasizes that the law or society might react more severely or specifically against the instigator of wrongdoing, rather than solely focusing on the outcome of the wrongdoing.

• Example 1: A Corrupt Public Official

  Imagine a high-ranking government official in a historical context who uses their position to extort money from citizens seeking essential services. When discovered, the official might face not only severe penalties for the act of extortion but also a unique form of public disgrace or a specific, harsher punishment reserved for those who betray public trust. This would be "in odium corrumpentis" because the heightened severity of the consequence is directed at the official personally, due to the profound detestation of their role as the corrupting agent within the system they were sworn to uphold.

• Example 2: Undue Influence in a Will

  Consider a scenario where a manipulative individual befriends an elderly, vulnerable person and subtly coerces them into changing their will to disinherit their family and leave a substantial inheritance to the manipulator. If a court were to apply a principle akin to "in odium corrumpentis," it might not only invalidate the will due to undue influence but also impose additional sanctions or public condemnation specifically against the manipulator. The court's decision would reflect a strong disapproval of the manipulator's personal actions in corrupting the testator's true wishes and exploiting their vulnerability.

• Example 3: A Treacherous Advisor

  In a historical monarchy, a trusted royal advisor deliberately gives bad counsel to the monarch, leading to a disastrous military campaign, solely because the advisor secretly received payment from a rival kingdom. If this betrayal were uncovered, the advisor would likely face extreme penalties, such as execution or permanent banishment, far beyond what might be imposed for mere incompetence. This severe reaction would be "in odium corrumpentis" because the punishment is primarily driven by the profound detestation of the advisor's personal corruption of their position of trust and loyalty, rather than just the negative outcome of the bad advice itself.