INFAMIA IN THE SIGHT OF ROMAN LAW

Abstract

The research identifies “Infamia” as a pervasive legal construct, intricately linked with notions of reputation, honor, and societal standing. The concept significantly influenced various aspects of Roman jurisprudence, spanning from contractual relations (such as fiducia, societas, depositum, tutela, and mandatum) to inheritance laws, and even marital unions. This study underscores the intricate interplay between legal regulations and moral considerations, illustrating how Roman society intertwined religious beliefs, trust, and conscientiousness in shaping legal conduct.Examining the inheritance laws, the research delineates the pivotal role of “Infamia” in determining the transfer of rights and responsibilities following an individual’s demise. The inheritance process becomes a crucial juncture where societal values are intertwined with legal mandates, influencing the distribution of familial assets. Notably, the Roman institution of “pater familias” vested nearly absolute authority over familial members, restricting their ownership rights. Furthermore, the study traces the evolution of inheritance practices through distinct historical periods, including the legislative reforms introduced by Justinian. These amendments aimed to rectify perceived injustices, providing mechanisms for disinherited heirs to contest their exclusion through the querella inofficiosi testamenti. The research also scrutinizes “Infamia” within the realm of marital law, discerning its presence in the dissolution of marriages through practices like “divoritum” and “repudium.” These terminations, whether consensual or unilateral, bore financial and reputational consequences, with the latter potentially resulting in societal disgrace. In conclusion, this comprehensive review illuminates the intricate and dynamic role of “Infamia” in Roman legal and societal frameworks. It underscores how this concept permeated various facets of Roman life, serving as a potent tool for regulating conduct, shaping social relations, and upholding moral values. By synthesizing a diverse range of scholarly works, this study offers a holistic understanding of “Infamia” and its far-reaching implications in ancient Rome.