DEFAMES

5 definitions found across Law Mind sources

DEFAMESAuthored
The Law Mind • 900 words
Definition
As a term of art in historical legal sources, DEFAMES is a Law French adjective meaning "infamous" or "of ill repute." It does not function as an English verb in this context. The word describes a person who has been stripped of legal good standing — one whose reputation or character has been formally or socially discredited, rendering them less credible or less entitled to certain legal protections. In modern legal usage, "defames" appears only as the ordinary English third-person singular present tense of the verb "to defame" — meaning: a person or publication defames another when it communicates a false statement of fact that injures that person's reputation. This modern verbal sense is entirely distinct from the historical Law French adjectival form. ---
Common Language
Modern common usage (Wiktionary): Third-person singular simple present indicative of defame — as in, "She defames him by spreading lies." Historical common usage (Webster's 1913): To defame is to harm the reputation of another by false reports; to speak evil of; to dishonor by reports. The gap between common and legal usage here is structural rather than semantic. In ordinary English, "defames" functions as a verb describing an act. In historical legal sources, DEFAMES is a Law French status adjective — a label applied to a person, not a description of conduct. A researcher encountering "defames" in a medieval or early common law text is reading a characterization of a party's standing, not a description of what someone did to someone else. ---
Common Confusion
DEFAMES (Law French adjective) vs. DEFAMES (modern English verb): These are false cognates within legal research. The Law French "defames" and the modern English "defames" share spelling and apparent meaning but operate in entirely different grammatical and legal registers. Confusing them when reading historical pleadings or treatises will produce misreading of a party's legal status. A person described as "defames" in an early text is being characterized as infamous — not accused of having committed defamation against another. DEFAMES vs. DEFAMATION: "Defamation" is the cause of action; "defames" (modern verb) describes the act constituting that tort. Neither should be read back into the Law French adjectival use without care. ---
Why It Matters in Research
This term is a precision trap for researchers moving between historical and modern sources. In the Law Mind corpus, you are likely to encounter "defames" in two entirely different contexts: First, in early common law materials, plea rolls, and treatises citing Britton (the 13th-century English legal treatise), "defames" marks a party's status as infamous — a designation with concrete procedural consequences, including disqualification as a witness or compurgator, and reduced standing in certain actions. Second, in any modern tort law source, "defames" is simply the verb form of defamation and carries no independent doctrinal weight beyond that of the underlying tort. The historical dictionary entries in the Law Mind corpus (Black's 1st, Black's 2nd, Burrill's) all point exclusively to the Law French meaning and cite Britton chapter 15. No entry in these sources treats "defames" as a verb. Researchers using keyword searches across the full corpus must therefore filter by era and source type — a hit in a 19th-century dictionary is telling you something categorically different from a hit in a modern tort treatise. For defamation as a cause of action — elements, privileges, the public/private plaintiff distinction, per se categories — the encyclopedia entries linked above are the correct corpus destinations. This dictionary entry concerns the word itself, not the tort. ---
Historical Dictionary Support
Black's Law Dictionary (1st Ed.), Burrill's Law Dictionary, and Black's Law Dictionary (2nd Ed.) are in complete agreement: "defames" means infamous, with all three citing Britton chapter 15 as authority. The brevity of these entries is itself informative — the historical dictionaries treat this as a status term requiring only a single-word gloss, not a doctrinal concept requiring elaboration. What the historical sources do not address is the modern tort law usage. The 19th-century dictionaries were not cataloguing "defames" as a verb form of defamation; that sense was apparently too grammatically ordinary to warrant a separate entry. Researchers should not read the absence of a tort-law definition in these sources as evidence that defamation doctrine was undeveloped — it simply was not the meaning these editors were capturing under this headword. ---
Encyclopedia Cross-Reference
The Law Mind Torts & Personal Injury Encyclopedia: — Defamation and Privacy Torts — Defamation — General Principles (Libel and Slander) [torts_119] — Defamation and Privacy Torts — Defamation — Defamation Per Se Categories [torts_123] — Defamation and Privacy Torts — Defamation — Private Plaintiffs and State Standards [torts_122] ---
Related Terms
Defamation — the tort itself; the parent concept for modern usage Libel — written or published defamation Slander — spoken defamation Infamous — the direct modern English equivalent of the Law French adjectival sense Infamy — legal loss of reputation or civil standing; closely related historical status concept Defamation Per Se — category of statements treated as actionable without proof of special damages Compurgation — historical procedure from which "defames" persons were excluded Britton — the 13th-century English legal treatise cited as authority for the Law French meaning
DEFAMESmain
Black's Law Dictionary • 1891
L. Fr. Infamous. Britt. c. 15.
DEFAMESmain
Burrill's Law Dictionary • 1867
L. Fr. Infamous. Britt. c. 15.
DEFAMESmain
Black's Law Dictionary (2nd Ed.) • 1910
15. L. Fr. Infamous. Britt. ¢..
defamesverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
third-person singular simple present indicative of defame

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