Contumacy
Encyclopedia
Contumacy is a stubborn refusal to obey authority or, particularly in law, the wilful contempt of the order or summons of a court (see contempt of court
.) The term is derived from the Latin word contumacia, meaning firmness or stubbornness.
In ecclesiastical law, it is contempt of the authority of an ecclesiastical court
and is dealt with by the issue of a writ
from the Court of Chancery
at the instance of the judge of the ecclesiastical court. This writ took the place of the de excommunicato capiendo in 1813, by an act of George III
; see excommunication
.
In the U.S., while not expressly mentioned in the U.S. Constitution, the courts have long asserted an inherent power of judges to punish such refusal, which in this context is known as contempt of court
. The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in United States v. Hudson & Goodwin without a reference to a definition of contumacy in common or statutory law.
In traditional Chinese law
, contumacy (曰惡逆) is one of the Ten Abominations
.
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
.) The term is derived from the Latin word contumacia, meaning firmness or stubbornness.
In ecclesiastical law, it is contempt of the authority of an ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
and is dealt with by the issue of a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
from the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
at the instance of the judge of the ecclesiastical court. This writ took the place of the de excommunicato capiendo in 1813, by an act of George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
; see excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
.
In the U.S., while not expressly mentioned in the U.S. Constitution, the courts have long asserted an inherent power of judges to punish such refusal, which in this context is known as contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in United States v. Hudson & Goodwin without a reference to a definition of contumacy in common or statutory law.
In traditional Chinese law
Traditional Chinese law
Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BC...
, contumacy (曰惡逆) is one of the Ten Abominations
Ten Abominations
The Ten Abominations were a list of offenses under traditional Chinese law which were regarded as the most abhorrent, and which threatened the well-being of civilized society. They are listed below. The first three were capital offences:...
.