Legal Definitions - infamis

In Roman law, infamis referred to a person or an action that was considered to be in a state of public dishonor or ill-repute. This status was not merely a social judgment but a formal legal consequence. An individual would automatically become infamis if they were found legally responsible for certain serious civil wrongs, such as specific types of torts (harmful acts) or breaches of fiduciary duty (failing to act in the best interest of someone they were obligated to protect).

Being deemed infamis carried significant legal and social disabilities. These could include being barred from holding public office, losing the right to serve as a witness in formal legal proceedings, or even being unable to represent others in court.

• Consider a wealthy Roman citizen who appointed a trusted administrator to manage his estates while he was away on military campaign. If, upon his return, the citizen discovered the administrator had deliberately embezzled funds and neglected the properties, and a court found the administrator liable for this severe breach of fiduciary duty, the administrator would be declared infamis. This means he would not only face financial penalties but also lose his standing in society, potentially being barred from ever holding a position of public trust again or even testifying in court, illustrating the legal and social consequences of his dishonorable actions.

• Imagine a merchant known for selling grain. If this merchant was repeatedly found guilty in court of intentionally selling spoiled grain to the populace, knowing it was unfit for consumption, and was held liable for these acts of deceit (a type of tort), he would become infamis. As a result, he might be disqualified from participating in public contracts, unable to serve as a juror, and his word would carry no weight in formal legal transactions, reflecting his lost reputation and trustworthiness due to his proven misconduct.

• Suppose a Roman magistrate, entrusted with upholding justice, was discovered to have accepted bribes to sway court decisions. If a formal legal process found him guilty and liable for this grave misconduct, he would be declared infamis. This status would immediately strip him of his eligibility to hold any future public office, prevent him from participating in assemblies, and generally mark him as a person whose honor and integrity were irrevocably compromised in the eyes of the law and society, demonstrating how serious legal condemnation led to a permanent state of ill-repute.