Contumacy
Contumacyis a stubborn refusal to obey authority or, particularly inlaw,the willful contempt of the order orsummonsof a court (seecontempt of court). The term is derived by etymologists from theLatinwordcontumacia,meaning "firmness" or "stubbornness".[1]
InEnglishecclesiastical law,contumacy was contempt of the authority of anecclesiastical courtand was dealt with by the issue of awritfrom theCourt of Chanceryat the instance of the judge of the ecclesiastical court. This writ took the place of thede excommunicato capiendoin 1813, by an act ofGeorge III(seeexcommunication).[1]
In the U.S., while contumacy was not expressly mentioned in theU.S. Constitution,the courts have long asserted an inherent power of judges to punish such refusal, which in this context is known ascontempt of court.[citation needed]The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in 1812 inUnited States v. Hudson & Goodwinwithout a reference to a definition of contumacy in common or statutory law.[2]
See also
[edit]References
[edit]- ^abChisholm 1911.
- ^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 thepublic domain:Chisholm, Hugh,ed. (1911). "Contumacy".Encyclopædia Britannica.Vol. 7 (11th ed.). Cambridge University Press. p. 45.
Further reading
[edit]- Driscoll, James H. (1908)..In Herbermann, Charles (ed.).Catholic Encyclopedia.Vol. 4. New York: Robert Appleton Company.
 | Thislegal termarticle is astub.You can help Wikipedia byexpanding it. |