Excerpt from Infamia Its Place in Roman Public and Private Law
Some few enquirers, gifted with sufficient imagination, may perhaps be able to realise, almost at the outset, the nature of any particular task which they are undertaking. This has not been my fortune in writing the history of the Infamia. Starting under the impression that, in following up the traces of this singular institution, I was dealing with a somewhat narrow juristic question, I soon found myself confronted by a subject, the juristic aspect of which was quite secondary to its moral and social significance. In its ethical aspect, Infamia is in touch with almost every department of Roman life; in its juristic aspect it is difficult to say what department of Roman law - public, criminal, and private - it did not to some extent control.
A subject which has so many branches is liable to partial treatment. Infamia has been no exception to this rule. One department of it, generally known as the censorian infamia, has often been treated by writers on constitutional law. Another department - the Infamia known to us from the legal books of Justinian - has been the almost exclusive property of writers on private law; and unfortunately, through a series of accidents which will be fully traced in the course of this work, this second branch of the subject has come to usurp the exclusive title of Infamia.
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