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Justinian I · The Digest of Justinian §50.16.42.pr

Equivalence of Disgrace and Reproach and Their Kinds

Passage 8856 of 9271 · Latin

Summary

Ulpian explains that 'disgrace' and 'reproach' are identical, distinguishing between those disgraceful acts that are shameful by nature and those that are so by civil custom, using theft and condemnation in guardianship as examples.

[ULPIANUS libro quinquagensimo septimo ad edictum. ] §50.16.42.pr'Probrum' et obprobrium idem est.
[ULPIANUS, in the fifty-seventh book on the Edict.] 'Disgrace' and 'reproach' are the same thing.
probra quaedam natura turpia sunt, quaedam ciuiliter et quasi more ciuitatis.
Certain disgraces are shameful by nature, others civilly and as it were by the custom of the state.
ut puta furtum, adulterium natura turpe est: enimuero tutelae damnari hoc non natura probrum est, sed more ciuitatis: nec enim natura probrum est, quod potest etiam in hominem idoneum incidere.
As for instance, theft and adultery are shameful by nature; but indeed, to be condemned in an action of guardianship, this is not a disgrace by nature, but by the custom of the state; for that which can happen even to a suitable person is not a disgrace by nature.

Notes

  1. §50.16.42.prtutelae damnari — tutelae is a genitive of charge or cause associated with the passive verb damnari (to be condemned). Here it refers to being found liable or condemned in an action concerning guardianship (actio tutelae).
  2. §50.16.42.prquod potest etiam in hominem idoneum incidere — The relative pronoun quod either refers to the preceding circumstance (condemnation in guardianship) or the entire clause acts as the subject of nec enim... probrum est. It explains that since this can happen (incidere in) even to an upright or suitable person (idoneus) without bad faith, it is not shameful by nature.

Cite this passage

Justinian I, The Digest of Justinian §50.16.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.42.pr

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