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NeCede's

Maxim 11.1.23

Take away the will, and every action will be indifferent.

Source: Bract. 2; Weisman, 2o Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Without voluntary intent, no act carries moral or legal significance — this principle is the foundation of the defense of compulsion and the requirement of mens rea.

Where this applies

  • A soldier under orders fires a weapon during combat — because he acted under compulsion rather than free will, the act carries no personal culpability.
  • A bank teller hands over cash to a robber holding a gun to her head — her act of giving away the bank's money has no legal significance because it was not voluntary.
  • A man sleepwalks out of his house and damages a neighbor's car — without conscious will behind the act, it is legally indifferent.

Legal domains

Cite this maxim

NeCede Max. 11.1.23 — Take away the will, and every action will be indifferent. — Bract. 2; Weisman, 2o

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