Legal Definitions - moderate castigavit

Moderate castigavit is a historical legal concept that translates from Latin to "he moderately chastised." In past legal systems, it referred to a defense used by a defendant to justify an action that would otherwise be considered a wrongful interference (a 'trespass') with another person. The defendant would argue that their action was not an unlawful act but rather a legitimate form of discipline or chastisement, which they were legally entitled to inflict upon the plaintiff due to a specific, recognized relationship between them. Crucially, the defense implied that the chastisement administered was 'moderate' and not excessive.

Here are some examples to illustrate this historical concept:

• Example 1: Parental Discipline

  Imagine a historical scenario where a parent physically disciplined their disobedient child. If the child, or someone on their behalf, attempted to bring a legal claim against the parent for assault (a form of trespass to the person), the parent might invoke the defense of moderate castigavit. They would argue that their actions were not an unlawful assault but a moderate and permissible form of chastisement, historically recognized as a parent's right and duty within the parent-child relationship.

• Example 2: Schoolmaster's Authority

  Consider a 19th-century schoolmaster who used a switch or cane to punish a student for repeated misbehavior. If the student's parents attempted to sue the schoolmaster for battery, the schoolmaster could historically employ the defense of moderate castigavit. He would contend that his actions constituted a moderate and lawful chastisement, within the scope of his disciplinary authority over students, rather than an illegal physical assault. The defense would hinge on the accepted societal and legal norms of the time regarding the teacher-student relationship and the moderation of the punishment.