Name

NAME. - It is a general means of language, suited to indicate any conceivable entity; but it acquires particular social and juridical importance insofar as it serves to designate persons: in this regard one must recall the Roman text according to which « Nomina... significandorum hominum gratia reperta sunt » (I, II, 20, 29).

I. SACRED AND THEOPHORIC NAMES

The personal name, regarded by the 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 expediency of concealing or altering it in order to avoid acts of hostile magic.

When referred to divine beings, names have among primitive peoples a generic meaning: the Old One, the Father, the Lord, etc., because their physiognomy has not yet been clearly individuated, and at this stage it may even take on meanings expressing the action that the divine beings are invited to exercise on behalf of men; as is the case with the Roman indigitamenta (v.); lists of divinities each presiding over a special moment or function of life, whether physical, such as Educa who presides over eating, Fabulinus over speaking, Cunina over the cradle; or agricultural, such as Vereactor who presides over the breaking up of the soil, etc. These are the gods that H. Usener calls momentary, those which in his view represent the first phase of religious thought, in relation to the primitive's first impression, individuated by the name corresponding to the action (on the development of these gods from momentary gods to category gods and to personal gods (v. USENER, HERNANNS) concerning the divine names considered by Max Müller's naturistic school as "nomina agentia" insofar as they express the quality of the action they exercise (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 Eshmun "servant of Eshmun", Mithridates "gift of Mithra", Isidore "gift of Isis", Theodore "gift of God", etc.

The abandonment of the usual name and the assumption of a new one, of a sacred character, often occurs upon a change of state, 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 instituted, against the Theban priesthood of Amun, the cult of the solar disk (Aton), he had himself called Akh-en-aton "Aton rejoices". The supreme head of the Eleusinian priesthood, upon taking office, replaced his personal name with that of his function of hierophant, "he who shows the sacred things": the old name "was thrown into the sea" εἰς ἄλκ (cf. Lucian, Lexiphanes, 10). This custom, called hieronymy (ἱερὸν ὄνομα), remained in force, though not rigorously prescribed, throughout the imperial era.

Even at present, those who join certain religious Orders change their name to signify the new orientation of their life.

2. Sacred names

Sacred names, given their mystical participation with the being to which they refer, are considered a powerful safeguard, both in moments of danger and in the course of daily life. And it is hardly necessary to recall the great apostolate to which St. Bernardino of Siena devoted himself in order to spread the invocation, the depiction and the graphic diffusion of the name of Jesus.

II. THE CIVIL NAME

The legal order attributes to every subject a right to a name, classifiable among the rights of personality. 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 a forename and a surname. The forename, ordinarily taken from the calendars of the various faiths, or from the names of historical figures, constitutes a mode of special designation of the person within the group formed by the family; by means of it the person is distinguished from the other members of his family group. The surname, on the other hand, indicates family membership; insofar as it contributes to the formation of the personal name, it too serves to identify the person: by means of it the person is distinguished from the subjects of other family groups, who may have his same forename.

The name is immutable. Art. 6, 2nd paragraph, of the Civil Code expressly lays down the principle of immutability, with respect to which exceptions may exist only in the cases determined by law, which are: change of family status through marriage or adoption (the surname of the woman who contracts marriage, or of the adopted person, is then correspondingly changed, ipso iure); grant of a change of name made by the public authority.

Since a right to a name exists, it is furnished with judicial protection, which is effected through two distinct actions. The first of these protects the use of the name by the person to whom the name itself belongs. The right to a name includes the power of enjoyment of the name: that is, the power to use the name in order to enjoy that personal identity of one's own to whose realization it serves. Against the acts of third parties conflicting with this use of the name, the subject may react by bringing the action for recovery of the name.

The second action, on the other hand, protects the exclusivity of the use of the name by the person to whom the name itself belongs. The power of enjoyment of the name has the character of exclusivity, and therefore the holder may demand that others refrain from using his name to designate subjects other than himself: otherwise, with the confusions that would be produced, the name would not fulfill its identifying function. Against the acts of third parties conflicting with the exclusivity of the use of his name, the subject may react by bringing the action for usurpation of the name.

The name, of which we have thus far spoken, 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 the sphere of a particular field of activity (for example, journalistic, artistic, etc.). According to Art. 9 of the Civil Code, it is protected just like the name, whenever it is used by a person in such a way that it has acquired the importance of the name.

Adriano De Cupis

III. THE BAPTISMAL NAME

It is an ancient custom in the Catholic Church to impose a Christian name on the person being baptized.

The custom is sanctioned by the Ritual: "Since those who are baptized, as children of God to be regenerated in Christ and numbered in his militia, are given a name, the parish priest is to take care that no obscene, fanciful or ridiculous names are imposed on them, nor names of vain gods or of impious pagan men, but rather, as far as possible, the name of a saint; by their examples the faithful may be spurred to live piously and be protected by their patronage" (tit. II, cap. I, n. 54). If the parents do not fulfill this obligation, the child must suffer no consequence from it, because he is exempt from all guilt: in this case the parish priest must add to the name imposed by the parents the name of some saint and transcribe both in the book of the baptized (can. 761). The right to impose a name belongs to the parents, to the godparent and to those who take their place; in the event that these should be lacking, it devolves upon the parish priest or the minister: in the case of illegitimate offspring this right belongs to the mother. Some authors admit that the baptismal name can 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 inconveniences in civil life: the documents indeed concerning birth and Baptism are transcribed from the book of the baptized. If the name were changed only privately, there would be great confusion also in relation to civil documents, which require a special procedure for the changing of names. Consequently the parish priest cannot change the names of the baptized except after having received the due authorization from the bishop.

IV. THE NAME IN RELIGIOUS PROFESSION: v. above, I.
V. THE NAME OF THE PONTIFF: v. PAPA.

Giuseppe Damizia