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.
- ^ a b Chisholm 1911.
- ^ United States v. Hudson & Goodwin, 11 U.S. (7 Cranch) 32
- This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed (1911). "Contumacy". Encyclopædia Britannica. 7 (11th ed.). Cambridge University Press.
- Driscoll, James H. (1908). "Contumacy (in Canon Law)". Catholic Encyclopedia. 4. New York: Robert Appleton Company.
- Canon law
- Legal term stubs
Wikimedia Foundation. 2010.