NAME. – It is a general means of language, suitable for designating any conceivable entity; but it acquires particular social and legal importance insofar as it serves to designate persons: in this regard, the Roman text should be recalled according to which « Nomina... significandorum hominum gratia reperta sunt » (I, II, 20, 29).
I. SACRED AND THEOPHORIC NAMES
The personal name, considered by primitive mentality as an integral part of the individual and almost as his soul, has always been the object of particular precautions, both in its choice and in the possibility of concealing or altering it in order to avoid acts of hostile magic.When referring to divine beings, names have a generic meaning among primitive peoples: the Old One, the Father, the Lord, etc., because their physiognomy has not yet been clearly identified; at this stage, names may also acquire meanings expressing the action that divine beings are invited to exercise for the benefit of human beings. Such is the case with the Roman indigitaments (v.); lists of divinities, each presiding over a special moment or function of life, whether physical, as Educa, who presides over eating, Fabulinus over speaking, and Cunina over the cradle; or agricultural, as Vereactor, who presides over the breaking of the soil, etc. These are the gods whom H. Usener calls momentary gods, those who, in his view, represent the first phase of religious thought, in relation to the primitive’s first impression, identified with the name corresponding to the action (on the development of these gods from momentary gods into category gods and personal gods (v. USENER, HERNANNS); concerning divine names considered by Max Müller’s naturalistic school as « nonuna agentia », insofar as they express the quality of the action they perform (v. MÜLLER, F. MAX).
1. Theophoric names
Theophoric names are widely used, because whoever bears the name of a divinity feels himself under that divinity’s special protection. These names, to which a nominal or verbal predicate is added, express the idea that the god is giver, strong, sovereign, etc.: thus Elimelech, « my god is king », Ben Hadad, « son of Hadad », Abd Ešmun, « servant of Ešmun », Mitridate, « gift of Mithra », Isidoro, « gift of Isis », Teodoro, « gift of God », etc.The abandonment of the usual name and the adoption of a new one, of a sacred character, often occurs when one’s status changes, in order to express the new condition of life and its spiritual and social orientation. In Egypt, the enthroned pharaoh assumed the name of the god whom he regarded as his protector. Thus, when Amenophis IV established, against the Theban priesthood of Ammone, the worship of the solar disk (Aton), he had himself called Akh-en-aton, « Aton rejoices ». The supreme head of the Eleusinian priesthood, on taking office, replaced his personal name with that of his function as hierophant, « he who displays the sacred things »: the old name « was cast into the sea » εἰς ἄλκ (cf. Luciano, Leviņš, 10). This practice, known as hieronymy (ἱερὸν ὄνομα), remained in force, although not strictly prescribed, throughout the imperial period.
Even today, those who enter certain religious Orders change their name in order to signify the new orientation of their life.
2. Sacred names
Sacred names, given their mystical participation with the being to whom they refer, are regarded as a powerful safeguard, both in times of danger and in the course of daily life. It is scarcely necessary to recall the great apostolate to which s. Bernardino da Siena devoted himself in order to spread the invocation, representation, and graphic dissemination of the name of Jesus.II. THE CIVIL NAME
The legal order grants every subject a right to a name, classifiable among personality rights. Every subject, in fact, necessarily acquires a name, that is, the verbal sign through which his personal identity is realized; nor can he lose it or transmit it to others.The name comprises the given name and the surname. The given name, ordinarily taken from the calendars of the various cults or from the names of historical figures, constitutes a special means of designating the person within the group formed by the family; through it, the person is distinguished from the other members of his family group. The surname, on the other hand, indicates family affiliation; insofar as it contributes to the formation of the personal name, it too serves to identify the person: through it, the person is distinguished from subjects belonging to other family groups who may have the same given name.
The name is immutable. Art. 6, 2nd para., of the Civil Code expressly enshrines the principle of immutability, to which exceptions may exist only in the cases determined by law, namely: a change in family status through marriage or adoption (the surname of the woman who marries, or of the adopted person, is then correspondingly changed ipso iure); the granting by the public authority of a change of name.
Since there is a right to a name, it is afforded judicial protection, which is exercised through two distinct actions. The first of these protects the use of the name by the person to whom the name belongs. The right to a name includes the power to enjoy the name: that is, the power to use the name in order to enjoy that personal identity whose realization it serves. Against acts of third parties that contravene this use of the name, the subject may react by bringing an action for reclamation of the name.
The second action, on the other hand, protects the exclusive use of the name by the person to whom the name belongs. The power to enjoy the name is exclusive in character, and therefore its holder may demand that others refrain from using his name to designate persons other than himself: otherwise, with the confusion that would result, the name would not fulfill its identifying function. Against acts of third parties that contravene the exclusive use of his name, the subject may react by bringing an action for usurpation of a name.
The name discussed thus far constitutes the civil name, the necessary, indispensable designation of every subject of the legal order. Alongside it, there may exist accessory, secondary distinctive signs, such as the nickname and the pseudonym. The latter designates the person within a particular field of activity (e.g., journalism, the arts, etc.). Under Art. 9 of the Civil Code, it is protected in the same manner as the name, provided that it is used by a person in such a way that it has acquired the importance of a name.
Adriano De Cupis
III. THE BAPTISMAL N
It is an ancient custom in the Catholic Church to give the person being baptized a Christian n.The custom is sanctioned by the Ritual: “Since a n. is given to those who are baptized, as children of God to be regenerated in Christ and enrolled in his militia, let the parish priest ensure that obscene, fabulous, ridiculous, or those of vain gods or impious pagan men are not imposed upon them, but rather, insofar as possible, the n. of a saint; by their examples may the faithful be encouraged to live piously, and by their patronage may they be protected” (tit. II, chap. I, no. 54). If the relatives fail to fulfill this obligation, the child must suffer no consequence, because
he is free from all guilt: in this case, the parish priest must add to the n. imposed by the relatives the n. of some saint and transcribe both in the baptismal register (can. 761). The right to impose a n. belongs to the relatives, the godfather, and those who act in their place; should these be absent, it devolves upon the parish priest or the minister; in the case of illegitimate offspring, this right belongs to the mother. Some authors allow that the baptismal n. may be changed at Confirmation or on another occasion, even on private initiative. This doctrine must be followed with discretion, because it can lead to serious difficulties in civil life: documents concerning birth and Baptism are in fact transcribed from the baptismal register. If the n. were changed only privately, considerable confusion would also arise with regard to civil documents, which require a special procedure for changing n. Consequently, the parish priest may not alter the n. of baptized persons except after receiving the proper authorization from the bishop.
IV. THE N. IN RELIGIOUS PROFESSION: V. above, I.
V. THE N. OF THE PONTIFF: V. PAPA.