World Library  
Flag as Inappropriate
Email this Article

Crimen injuria

Article Id: WHEBN0012189040
Reproduction Date:

Title: Crimen injuria  
Author: World Heritage Encyclopedia
Language: English
Subject: Defamation
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Crimen injuria

Crimen injuria is a crime under South African common law, defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another."[1] Although difficult to precisely define, the crime is used in the prosecution of certain instances of road rage,[2] stalking,[1] racially offensive language,[3] emotional or psychological abuse[4] and sexual offences against children.[5] The Truth and Reconciliation Commission heard numerous cases of crimen injuria, usually coupled with assault, committed by intelligence services on both sides of the struggle against apartheid.

Origin

The phrase "crimen injuria" seems to be a misunderstanding of the Latin phrase crimen iniuriae, which should mean 'accusation of abusive behaviour'; the word crimen never means crime per se.

Furthermore, in Roman legal parlance, iniuria almost never refers to physical attack or abuse, although it is often associated with it: Rather, iniuria translates better as "[specific instance of or action constituting] injustice," i.e., "violation of rights" or "action to the prejudice of [another's] rights" (in, "not" or "against," + ius/iuris, "[legal or natural-legal] right"), such that many iniuriae involve physical harm and many actions inflicting physical harm constitute iniuria but neither set is a subset of the other. For example, physical harm inflicted upon an aggressor by an innocent party acting in self-defense does not constitute iniuria unless the legal system in question regards it as disproportionate (e.g., when a person uses lethal force in defense of property alone), and assertions deemed defamatory by that system may constitute iniuria actionable in civil or even criminal court even though they inflict no physical harm upon the person against whom they are directed.

References

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.