Affirmation in law

Last updated

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.

Contents

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

Related Research Articles

Oath of office an official promise by a person who has been elected to a public office to fulfill the duties of the office according to the law

An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Such oaths are often required by the laws of the state, religious body, or other organization before the person may actually exercise the powers of the office or any religious body. It may be administered at an inauguration, coronation, enthronement, or other ceremony connected with the taking up of office itself, or it may be administered privately. In some cases it may be administered privately and then repeated during a public ceremony.

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. In some jurisdictions, contrary to popular misconception, no crime has occurred when a false statement is made while under oath or subject to penalty. Instead, criminal culpability attaches only at the instant the declarant falsely asserts the truth of statements that are material to the outcome of the proceeding. For example, it is not perjury to lie about one's age except if age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity.

Article Six of the United States Constitution Provides for the supremacy of federal law over state law, among other provisions

Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.

All officers of the seven uniformed services of the United States swear or affirm an oath of office upon commissioning. It differs from that of the oath of enlistment that enlisted members recite when they enter the service. It is required by statute, the oath being prescribed by Section 3331, Title 5, United States Code. It is traditional for officers to recite the oath upon promotion but as long as the officer's service is continuous this is not required.

Oath of office of the President of the United States

The oath of office of the president of the United States is the oath or affirmation that the president of the United States takes after assuming the presidency but before exercising or carrying out any presidential powers or duties. The wording of the oath is specified in Article II, Section One, Clause 8, of the United States Constitution.

Oath of Allegiance (Canada) a promise or declaration of fealty to the Canadian monarch

The Canadian Oath of Allegiance is a promise or declaration of fealty to the Canadian monarch, as personification of the Canadian state, taken, along with other specific oaths of office, by new occupants of various federal and provincial government offices, members of federal, provincial, and municipal police forces, members of the Canadian Armed Forces, and, in some provinces, all lawyers upon admission to the bar. The Oath of Allegiance also makes up the first portion of the Oath of Citizenship, the taking of which is a requirement of obtaining Canadian nationality.

An Oath of Citizenship is an oath taken by immigrants that officially naturalizes immigrants into citizens. It is often the final step in this process, and is usually done in a ceremonial capacity. An oath of citizenship is designed to be a statement of loyalty and patriotism to the new country. In countries which retain a monarchical system of government, an oath of allegiance to the monarch is often required as well. Adding an oath to God to the end of an oath is usually optional.

Quaker weddings are the traditional ceremony of marriage within the Religious Society of Friends.

Testimony to integrity and truth refers to the way many members of the Religious Society of Friends (Quakers) testify or bear witness to their belief that one should live a life that is true to God, true to oneself, and true to others. To Friends, the concept of integrity includes personal wholeness and consistency as well as honesty and fair dealings. From personal and inward integrity flow the outward signs of integrity, which include honesty and fairness. It is not only about telling the truth - it is applying ultimate truth to each situation. For example, Friends (Quakers) believe that integrity requires avoiding statements that are technically true but misleading.

Oath of Allegiance (United Kingdom) oath of allegiance made to the monarch of the United Kingdom, also refers to the oaths of the predecessors of the modern United Kingdom state

The Oath of Allegiance is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868.

A religious test is a legal requirement to swear faith to a specific religion or sect, or to renounce the same.

The New Zealand Oath of Allegiance is defined by the Oaths and Declarations Act 1957. All Oaths can be taken in either Māori or English form. It is possible to take an affirmation, which has the same legal effect as an Oath.

Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below. The exact wording of the commitments vary from country to country.

ACLU of N.C. & Syidah Mateen v. State of North Carolina is a court case in the state of North Carolina within the United States of America. One of the main plaintiffs was Syidah Mateen an American-Muslim of Greensboro, North Carolina. She and the North Carolina chapter of the American Civil Liberties Union called for the state courts of North Carolina to rule that it is acceptable under the laws of the state for non-Christians to swear on religious texts of their own faith rather than the Bible of Christianity.

So help me God is a phrase often used to give an oath, and most commonly optional as part of an oath of office. It is also used in some jurisdictions as a form of oath for other forms of public duty, such as an appearance in court, service as a juror, etc.

Inauguration of Herbert Hoover 42nd United States presidential inauguration

The inauguration of Herbert Hoover as the 31st President of the United States was held on Monday, March 4, 1929, at the east portico of the United States Capitol in Washington, D.C.. The inauguration marked the commencement of the only four-year term of Herbert Hoover as President and of Charles Curtis as Vice President. Chief Justice and former President William H. Taft administered the presidential oath of office to Hoover. This was the first time a Presidential inauguration to be recorded by sound newsreels. It was also the second time that a former president administered the oath of office to a new President.

A juror's oath is used to swear in jurors at the beginning of jury selection or trial.

Perjury is the name of an offence under the Criminal Code. The offence of false evidence under the Penal Code is equivalent.

Oaths Act 1978 United Kingdom legislation

The Oaths Act 1978 is an Act of the Parliament of the United Kingdom.

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".
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.