Contumacy

In this article we will explore in depth the topic of Contumacy, a topic of great relevance today. Contumacy is a concept that has sparked great interest and debate in various areas, generating conflicting opinions and divergent perspectives. In this sense, it is crucial to analyze in detail all aspects related to Contumacy, in order to understand its true scope and impact. Throughout this article, we will address different approaches, research and points of view that will allow the reader to obtain a comprehensive view of Contumacy. Furthermore, we will examine its evolution over time, as well as its influence in various contexts and situations. By presenting data, analysis and reflections, we aim to offer a complete and updated perspective on Contumacy, in order to contribute to the debate and increase knowledge around this very relevant topic.

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). The term is derived by etymologists from the Latin word contumacia, meaning "firmness" or "stubbornness".

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 de excommunicato capiendo in 1813, by an act of George III (see excommunication).

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] 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.

See also

References

  1. ^ a b Chisholm 1911.
  2. ^ 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."

Attribution:

  • This article incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Contumacy". Encyclopædia Britannica. Vol. 7 (11th ed.). Cambridge University Press. p. 45.

Further reading