Contumacy: Difference between revisions
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{{short description|Stubborn refusal to obey authority}} | {{short description|Stubborn refusal to obey authority}} | ||
{{wikt | contumacy}} | {{wikt | contumacy}} | ||
'''Contumacy''' is a stubborn refusal to obey authority or, particularly in [[law]], the willful contempt of the order or [[summons]] of a court (see [[contempt of court]]). | '''Contumacy''' is a stubborn refusal to obey authority or, particularly in [[law]], the willful contempt of the order or [[summons]] of a court (see [[contempt of court]]). Etymologists derive the term from the [[Latin language |Latin]] word {{lang | la | contumacia}}, meaning "firmness" or "stubbornness".{{sfn|Chisholm|1911}} | ||
In [[Canon law (Anglican Communion) |English]] [[ecclesiastical law]], contumacy was contempt of the authority of an [[ecclesiastical court]] and was 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 [[Writ De Excommunicato Capiendo Act 1562| | In [[Canon law (Anglican Communion) |English]] [[ecclesiastical law]], contumacy was contempt of the authority of an [[ecclesiastical court]] and was 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 {{lang | la | [[Writ De Excommunicato Capiendo Act 1562| de excommunicato capiendo]]}} in 1813, by an act of [[George III of the United Kingdom|George III]] (see [[excommunication]]).{{sfn|Chisholm|1911}} | ||
In the U.S., while contumacy was 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]]''.{{Citation needed|date=April 2011}} The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in 1812 in ''[[United States v. Hudson & Goodwin]]'' without a reference to a definition of contumacy in common or statutory law.<ref>[http://supreme.justia.com/us/11/32/case.html United States v. Hudson & Goodwin], 11 U.S. (7 Cranch) 32 - "The courts of the United States [...] have the power to fine for contempts, to imprison for contumacy, and to enforce the observance of their orders."</ref> | In the U.S., while contumacy was 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]]''.{{Citation needed|date=April 2011}} The [[Supreme Court of the United States | U.S. Supreme Court]] recognized federal courts' inherent power to imprison a person for contumacy in 1812 in ''[[United States v. Hudson & Goodwin]]'' without a reference to a definition of contumacy in common or statutory law.<ref>[http://supreme.justia.com/us/11/32/case.html United States v. Hudson & Goodwin], 11 U.S. (7 Cranch) 32 - "The courts of the United States [...] have the power to fine for contempts, to imprison for contumacy, and to enforce the observance of their orders." | ||
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== See also == | == See also == | ||
Latest revision as of 03:12, 29 June 2025
Template:Short description Template:Sister project Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or summons of a court (see contempt of court). Etymologists derive the term from the Latin word Script error: No such module "Lang"., meaning "firmness" or "stubbornness".Template:Sfn
In English ecclesiastical law, contumacy was contempt of the authority of an ecclesiastical court and was 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 Script error: No such module "Lang". in 1813, by an act of George III (see excommunication).Template:Sfn
In the U.S., while contumacy was 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.Script error: No such module "Unsubst". The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in 1812 in United States v. Hudson & Goodwin without a reference to a definition of contumacy in common or statutory law.[1]
See also
- Court-martial
- Dishonesty
- Insubordination
- Failure to obey a police order
- Mutiny
- Rebellion
- Whistle blower
External Links
- Contumacy at Wiktionary
References
Template:Reflist Attribution:
- This article incorporates text from a publication now in the public domain: Script error: No such module "template wrapper".
Further reading
- ↑ United States v. Hudson & Goodwin, 11 U.S. (7 Cranch) 32 - "The courts of the United States [...] have the power to fine for contempts, to imprison for contumacy, and to enforce the observance of their orders."