Iniuria
In general, iniuria is whatever is not
ius; hence a violation of law.
In a special sense, it denotes a wrong against one's person as distinguished from a wrong against one's property. It involves an insult (
ὕβρις,
contumelia) and must include an intent to act
unlawfully (
dolus). Instances of iniuria are assault, noisy abuse (
convicium), libellous writings, insulting gestures, spitting at a man
(
Ad Q. Fratr. ii. 3, 2), dunning him for a debt in such a way as to injure his
credit, etc. Iniuria to a wife was also iniuria to her husband. No iniuria could be done to a
slave, though iniuria to his master might be done upon the person of a slave. See
Servus.
The penalty of twenty-five
asses, which was provided by the Twelve
Tables for iniuria, was subsequently found insufficient in many cases, and so an action was
established by the praetor (
actio iniuriarum aestimatoria), in which the
injured party was allowed to claim such damages as he thought he was entitled to, and the
iudex might give the full amount or less. This became the ordinary remedy on
account of iniuria, but a Lex Cornelia gave a special action in cases of
pulsatio, verberatio, and forcible entry into a man's house. The person who committed
the iniuria was styled
iniurius and later
iniustus.
