Earticle

초록

영어

Infamy of Roman Law was accepted in Christian Councils of the fifth century. But a lot of references on infamy were included in Decretum Gratiani of the twelfth century when the decretales were collected most actively. It is from this period that the decretists began to concentrate their debate on infamy. Infamy which was settled in medieval canon law could be divided into three categories, such as infamy of law, canonical infamy, and infamy of fact. Infamy of law came from the result of sentence in the court. It was sentenced to the people who accused priests to the courts, but could not prove, who distorted the abandoned documents of councils, and thieves, in addition to the people who was listed in Roman law. Even though Canonical infamy was caused by criminal and moral sins, it was considered to be very slight infamy. Thus, it could be removed by way of penance. Canonical infamy was just medieval concept which did not have its origin in Roman law. Infamy of fact was caused by rumor and suspicion, rather than real crime. The early decretists called it as mala fama, infamatio, or sinister rumor. Such a kind of infamy could be removed through canonical purgation. Canonical purgation was a ceremony to refine the bad name before the ordination to priest, or performing the canonical right. No matter of kinds, since infamy was caused from the crimes and violations of rule in Christian community, the loss of rights were considered to be indispensible. The disciplines to infamy of law and infamy of fact was almost same, even though those two kind of infamy were different each other. The right to accuse others to the court, ordination to holy position and promotion were prohibited to persons in these infamies. But the people in canonical infamy did not have any loss in any kinds of rights besides penance.

목차

I. 머리말
 II. 판결 불명예(infamia iuris)
  1. 로마법에서의 판결 불명예
  2. 중세 교회법에서의 판결 불명예
 III. 계율 불명예(infamia canonica)
 IV. 사실 불명예(infamia facti)
  1. 로마법의 기원
  2. 중세교회법에서의 사실 불명예
 V. 맺는 말
 

키워드

저자

• 장준철 [ Chun-Chul, CHANG | 원광대학교 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  서양중세사연구 [Journal of Western Medieval History]

• 간기

  반년간

• pISSN

  1229-4454

• 수록기간

  1996~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 920 DDC 940