Legal Definitions - inscription

Inscription primarily refers to the act of officially recording a fact or name onto a list, register, or other formal record, as well as the entry itself once recorded. In civil law, it also describes a specific agreement where an accuser who makes a false accusation must receive the same punishment the accused would have faced if found guilty.

Inscription has a few distinct meanings in a legal context:

• Primarily, inscription refers to the formal act of recording information, such as a name, fact, or document, into an official register, list, or public record. It can also refer to the entry or record itself once it has been made. This process ensures that important details are officially documented and accessible.
• In specific civil law systems, particularly historically, inscription refers to a legal understanding or agreement where an individual making a formal accusation against another person implicitly or explicitly agrees to accept the same punishment that the accused would have received if the accusation is later proven to be false or malicious. This served as a deterrent against unfounded or frivolous claims.

Here are some examples to illustrate these meanings:

• Example 1 (Act of Recording): When a new business is formed, its owners must often register the company's name and details with a government agency, such as a Secretary of State's office. The *act* of submitting these documents and having the business's information officially entered into the state's corporate registry is an example of an inscription.
  This illustrates the first meaning, focusing on the action of formally adding information to an official record.
• Example 2 (The Recorded Entry): After a will has been probated and approved by a court, a copy of the will and the court's order are often filed with the county clerk or recorder's office. The *entry* of this document into the public record, making it an official part of the county's archives, is an inscription.
  This demonstrates the second aspect of the first meaning, where "inscription" refers to the actual record or entry that has been made.
• Example 3 (Civil Law Agreement): Imagine a historical legal system where a person formally accuses another of a serious crime like embezzlement. Under the principle of inscription in that system, the accuser would understand that if their accusation was later found to be false and made with malicious intent, they would face the same penalty (e.g., a specific fine, imprisonment, or public shaming) that the accused would have suffered if found guilty.
  This exemplifies the specific civil law meaning, highlighting the agreement where an accuser risks facing the same punishment if their claim is proven untrue.