What is Contempt?

Contempt is a complex emotion and is a mix of the basic emotions of disgust and
anger.
The word originated in 1393, from the Latin word contemptus meaning "scorn".
It is the past participle of contemnere.

Contumacy is defined as a willful disregard of the authority of a court of justice
or legislative body or disobedience to its lawful orders.
1
Contempt is committed
by a person who does any act in willful contravention of its authority or dignity,
or tending to impede or frustrate the administration of justice, or by one who,
being under the courts authority as a party to a proceeding therein, willfully
disobeys its lawful orders or fails to comply with an undertaking which he has
given.
2





What is Contempt of Court?

From the earliest times of legal history, the courts have assumed the power to
coerce all those persons who obstruct the administration of justice.
Through the writings of authors of later part of the twelfth century, it is evident
that on various occasions a party to a suit, who failed to appear before a court,
had been punished for the contempt of court.
3


In Re Johnson, Bowen L.J. has enunciated the principle of Contempt of Court in
the following words:
That those who have duties to discharge in a court of justice, are protected by
law, and shielded on their way to the discharge of such duties, while discharging
them, and on their return therefrom, in order that such persons may safely have
resort to courts of Justice.

In his classic book on contempt of court Oswald has said To speak generally,
Contempt of Court may be said to be constituted by any conduct that tends to
bring the authority and administration of the law into disrespect or disregard, or
to interfere with or prejudice parties, litigant or their witnesses during the
litigation.
4


From the earliest times of British legal history, there have been numerous
examples of cases of contempt of court. For example, in 1317 a clerk of the Kings
court brought an action for an assault on him when he was coming from Fleet
Street to transact the business of the King. Again, however, the assault was

1
Lyon v. Lyon, 21 Conn. 19S
2
Gaudy v. State, 13 Neb. 445, 14 N. W. 143
3
Arlidge, Eady & Smith on Contempt. (Sweet and Maxwell, London) 1999 Edition, p.1.
4
Oswald Contempt of Court 3
rd
Edition 1990, p.6
alleged to have occurred in the presence of the court. In 1365, an assault on a
man before the gates of Winchester Castle as he was coming to the court to
prosecute an assize of novel disseisin, was alleged to have occured in the
presence of the Justice. Such acts were treated to be an interference with the
business of the court.