Legal Definitions - infamia

In ancient Roman law, infamia referred to a significant loss of honor, reputation, or civic standing. It essentially meant being publicly disgraced or having one's good name severely tarnished, often with legal consequences that affected a person's rights and social position.

The concept of infamia had two main forms:

• Infamia facti: This described a loss of reputation that arose from public perception or widespread belief about a person's dishonorable actions, even if those actions had not been formally proven or judged in a court of law. It was infamy "in fact."
• Infamia juris: This referred to a loss of honor or civic standing that was formally established by a judicial verdict or a specific legal ruling. It was infamy "by law."

Here are some examples to illustrate these concepts:

• Example 1 (Infamia facti): A prominent local politician is widely rumored to have used campaign funds for personal lavish expenses. Although no formal charges have been filed, and no court has made a ruling, the public's trust in them erodes completely. They are no longer invited to community events, their public appearances are met with scorn, and their political career is effectively over due to widespread public disapproval. This situation demonstrates infamia facti because the politician's reputation and honor are severely damaged in the public eye based on perceived wrongdoing, even without a formal legal judgment.

• Example 2 (Infamia juris): A high-ranking government official is formally tried and convicted of treason. As a direct consequence of the court's verdict, they are not only sentenced to imprisonment but also legally stripped of their citizenship rights, including the right to vote, hold public office, or serve in the military. This judicial decision formally establishes their loss of honor and civic standing, illustrating infamia juris.

• Example 3 (Distinction between the two): A celebrated athlete is accused by multiple sources of cheating during a major competition. Initially, before any official investigation or ruling, the public outcry is immense, leading to widespread condemnation and a tarnished image (an example of infamia facti). Subsequently, the sport's governing body conducts a formal inquiry, finds the athlete guilty, and issues a lifetime ban from competition, revoking past titles and awards. This official ruling formalizes the loss of honor and professional standing, moving it into the realm of infamia juris within their professional sphere, as it is now established by a formal, authoritative judgment.