← Justinian I

The Digest of Justinian

§3.2.22.pr

Infamy Arising from the Cause of Punishment Rather than the Penalty

Marcellus states that a blow with clubs itself does not bring infamy, but rather the underlying cause that deserved the punishment does, if that cause carries infamy, and that this same principle applies to other kinds of punishments.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[MARCELLUS libro secundo publicorum.]

[MARCELLUS, in his Second Book on Public Matters.]

§3.2.22.pr

​Ictus fustium infamiam non importat, sed causa,1 propter quam id pati2 meruit, si ea fuit, quae infamiam damnato irrogat. in ceteris quoque generibus poenarum eadem forma statuta est.

​A blow with clubs does not bring infamy, but the cause for which one deserved to suffer it does, if that cause was such as imposes infamy on a person condemned. In other kinds of punishments as well, the same rule has been established.

Syntax notes2 items
  1. 3.2.22.prsed causa

    The positive predicate (such as infamiam importat) is understood to be supplied from the negative predicate infamiam non importat in the preceding clause.

  2. 3.2.22.prid pati

    The demonstrative pronoun id (in the accusative case) refers back to the preceding phrase ictus fustium (the blow with clubs, or suffering it).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.22.pr