Affirmation in law

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In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious minorities hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, many decline to make a religious oath because they feel that to do so would be valueless or inappropriate, especially in secular courts. In some jurisdictions, an affirmation may be given only if such a reason is provided.

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

Oath Personal affirmation of a statement

Traditionally an oath is either a statement of fact or a promise with wording relating to something considered sacred as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow.

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United Kingdom

A right to give an affirmation has existed in English law since the Quakers Act 1695 (An Act that the Solemne Affirmation & Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Forme; 7 & 8 Will. 3 c. 34) was passed. The text of the affirmation was the following: "I A.B. do declare in the Presence of Almighty God the Witnesse of the Truth of what I say". [1] The right to give an affirmation is now embodied in the Oaths Act 1978, c.19, [2] which prescribes the following form: "I, do solemnly, sincerely and truly declare and affirm" and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness. [2]

English law Legal system of England and Wales

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

Quakers Act 1695 United Kingdom legislation

The Quakers Act 1695 was an Act of the Parliament of England which allowed Quakers to substitute an affirmation where the law previously required an oath. The Act did not apply to the oaths required when giving evidence in a criminal case or to serve on a jury or to hold any office of profit from the Crown. It allowed legal proceedings to be taken against Quakers before a Justice of the Peace for refusing to pay tithes if the amount claimed did not exceed £10. The Act would have expired in seven years but, in 1702, Parliament extended it for another eleven years by the Affirmation by Quakers Act 1701. In 1715, it was made permanent and applied also to Scotland.

It has its origins in the refusal of Quakers to swear any oath, which would otherwise have barred them from many public positions. Quakers believe in speaking the truth at all times and so they consider the act of swearing to truth only in court rather than in everyday life implies double standards. As in James 5:12, they tried to "let your yea be yea and your nay be nay".

The cause for such a right is exemplified R v William Brayn (1678). William Brayn was charged with the theft of a horse from Quaker Ambros Galloway. Brayn pleaded 'not guilty'. One witness testified that the horse was owned by Ambros Galloway, and another witness said that he [probably Galloway] bought it from Brayn. As Galloway was a Quaker, he would not, "for conscience-sake", swear and so could give no testimony. The court directed the jury to find Brayn 'not guilty' for want of evidence and committed the Quaker "as a concealer of Felony" for "refusing an Oath to Witness for the King". [3]

Some Christians, who may not be Quakers, refuse to swear oaths, based on Matthew 5:34–5:37.

All elected members of parliament must make an oath or affirmation to the Crown before they can take their seats. [4] MPs are asked which form they prefer to take with the statement "Swear or Affirm", meaning swear an oath or make an affirmation. [5] The oath or affirmation may be made in Welsh, Gaelic, Cornish or English.

United States

The original 1787 text of the Constitution of the United States makes three references to an "oath or affirmation": In Article I, Senators must take a special oath or affirmation for the purpose of sitting as the tribunal for impeachment; in Article II, the president is required to take a specified oath or affirmation before entering office (see oath of office); and in Article VI, all state and federal officials must take an oath or affirmation to support the US Constitution. A fourth appears in Amendment IV, all warrants must be supported by evidence given under oath or affirmation.

On Friday, March 4, 1853, Franklin Pierce became the 14th President of the United States and has been the only president to date who affirmed rather than swore to the oath of office.[ citation needed ]

See also

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References

  1. Statutes of the Realm: Volume 7. 1820 British History Online, the Institute of Historical Research and the History of Parliament Trust. Accessed 19 February 2008)
  2. 1 2 Text of the Oaths Act 1978 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
  3. "William Brayn, Theft > animal theft, 11th December 1678". Old Bailey Proceedings Online. 1678-09-06. Retrieved 2008-04-27. Reference Number: t16781211e-37
  4. "Swearing in and the parliamentary oath".
  5. "British MPs swearing".