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Justinian I · The Digest of Justinian §3.2.22.pr

Infamy Arising from the Cause of Punishment Rather than the Penalty

Passage 480 of 9271 · Latin

Summary

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.

[MARCELLUS libro secundo publicorum. ] §3.2.22.prIctus fustium infamiam non importat, sed causa, propter quam id pati meruit, si ea fuit, quae infamiam damnato irrogat.
[MARCELLUS, in his Second Book on Public Matters.] 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 ceteris quoque generibus poenarum eadem forma statuta est.
In other kinds of punishments as well, the same rule has been established.

Notes

  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).

Cite this passage

Justinian I, The Digest of Justinian §3.2.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.22.pr

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