Legal Definitions - malignare

malignare is a historical legal term that referred to two distinct actions in past legal systems:

• 1. To malign or slander: This meaning referred to the act of speaking ill of someone, often falsely and with malicious intent, to damage their reputation or standing within the community. It involved the deliberate spreading of harmful rumors or accusations.

  • Example: In a 15th-century English village, a merchant, jealous of a competitor's success, began spreading false stories that the competitor was selling watered-down ale and using dishonest weights. These malicious and untrue accusations, designed to ruin the competitor's business and good name, would have been considered an act of malignare in the sense of slandering.

    Explanation: This example illustrates malignare as the deliberate act of harming another's reputation through false and damaging statements, a serious offense in historical legal contexts.

• 2. To maim: This meaning referred to the act of inflicting a severe physical injury upon a person, particularly one that resulted in permanent disfigurement, disability, or the loss of use of a body part. It was a grave crime against the person.

  • Example: During a border dispute between two feudal lords in the 12th century, one lord's knight intentionally struck an opposing soldier with a sword, severing his hand. This deliberate act, resulting in a permanent and disabling injury, would have been legally classified as malignare in the sense of maiming, carrying severe penalties under the laws of the time.

    Explanation: This demonstrates malignare as the infliction of a grave physical injury that causes lasting impairment or disfigurement, a significant crime in historical jurisprudence.