The Classical Scope Re-Stated Summarily
There was a long list of examples, some mentioned in the edictal provisions, others not. The list was open-ended. The generic concepÂtion of the whole category was this: taken as a whole the conduct had to be (a) non iure in the sense of contrary to accepted standards of behaviour, and (b) such as would support the inference of contumelia to the plaintiff.
Where the conduct was improper on its face without reference to intent, that meant only that it had to have been done intentionally; where the conduct could be said to be proper on its face the plaintiff-victim would have to show a specific intent against him such as would turn the whole event from proper to improper, as for example an intent to damage his reputation. Contumelia is the essence of the matter but it is not quite able to stand on its own. The reason is that in some contexts spite and malice are acceptable even if not laudable. Hence the need to determine whether the event as a whole was one quod non licuit, not allowable by the standards of the time.7.
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