Legal Definitions - affectus

Affectus is a historical Latin term that refers to a person's intent or disposition of mind at a particular time. In historical legal contexts, understanding a person's affectus was crucial for determining their culpability, the validity of their actions, or the nature of an agreement.

It essentially asks: what was the individual's true mental state, purpose, or inclination when they performed an action or made a statement?

• Example 1: Determining Criminal Culpability

  Imagine a scenario in a medieval court where a blacksmith strikes a rival during an argument, leading to the rival's death. The court would need to investigate the blacksmith's affectus. If it was determined that the blacksmith's disposition of mind was purely to engage in a spontaneous brawl without any intent to kill, the legal consequences would be vastly different than if evidence showed the blacksmith harbored malice or a deliberate intent to cause fatal harm.

• Example 2: Validating Agreements and Contracts

  Consider two merchants in ancient Rome discussing a potential large-scale trade deal. One merchant later claims he was merely speculating about possibilities and never had the true affectus (intent or disposition of mind) to enter into a binding agreement. A legal assessment would examine their communications and actions to determine if both parties genuinely intended to create a formal, enforceable contract, or if one party lacked the necessary mental disposition to be bound.

• Example 3: Assessing Testamentary Intent in Wills

  In 17th-century England, an elderly, ailing landowner dictates a new will on their deathbed, drastically changing the inheritance distribution to disinherit a long-standing heir in favor of a distant relative. After the landowner's death, the disinherited heir challenges the will. The court would scrutinize the landowner's affectus at the time the will was made – was their disposition of mind sound and free from undue influence, truly reflecting their final wishes, or was their intent compromised by illness or coercion?