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.
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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