Infamia was a form of censure more disgraceful than
ignominia, which in its technical sense resulted from the
censors' nota censoria, a figurative branding or marking of a citizen that included removal from the
Roman Senate or other reduction of status.
Ignominia, however, was an impermanent status that could be ameliorated, for instance by paying off a debt. A debtor who could not meet his obligations might eventually suffer
infamia, a penalty that legislation passed under
Julius Caesar sought to mitigate through payment options. In addition to
bankruptcy, a judgment of flagrant dishonesty over
contractual relations and other business dealings could result in
infamia. Examples of legal actions for which
infamia was a penalty (called
actiones famosae or
actiones turpes) generally involved a betrayal of trust, at times as expressed by lack of respect for another's
property rights. A successful lawsuit claiming theft
(furtum) or seizure of movable goods by force
(rapina) could result in
infamia for the defendant. In 66 BC, a
praetorian edict permitted lawsuits against "fraud by means of deception"
(dolus) when no other contractual remedy was available.
Dolus was so broadly defined that
Cicero characterized this kind of lawsuit as a
fishing expedition. A contractual obligation of
mandatum was based on friendship and could not involve any payment, but a lawsuit could be brought to seek restitution for loss or damage; a
depositum was the contractual placing of property in the keeping of someone who was not supposed to use it, and legal action could be undertaken to show that the depositary did not fulfill his obligation or refused to return it. A conviction for either an
actio mandati or an
actio depositi resulted in
infamia primarily for breaking one's word, beyond material or financial loss.
Iniuria (from which English "
injury" derives) was a broad category for a wrongful act that could be penalized by
infamia, including bodily harm and damage against property or reputation, as well as "affronts to decency" and what would now be called
sexual harassment. Other grounds for
infamia included
dishonorable discharge from the military, bigamy, and "misbehavior in family life." ==Consequences==