Legal Definitions - jus necessitatis

Jus necessitatis (pronounced "yoos neh-seh-SEE-tah-tis") is a Latin legal principle that translates to "the law of necessity." It refers to the idea that a person may be excused from legal liability for an act that would ordinarily be considered unlawful, if that act was absolutely necessary to prevent a greater, imminent harm, and there was no other reasonable alternative available.

Essentially, it acknowledges that in extreme circumstances, the urgency of a situation can override standard legal prohibitions. The act, though intentional, is not considered wrongful because it was compelled by an overwhelming and unavoidable necessity to avert a more severe danger.

Here are some examples illustrating this principle:

• Emergency Road Clearing: Imagine a severe storm causes a large tree to fall, completely blocking the only access road to a remote hospital. An ambulance carrying a critically injured patient is unable to pass, and the patient's life is in immediate danger. A passerby, witnessing the emergency and realizing there's no time to wait for official help, uses a chainsaw from their truck to clear a path through the fallen tree, damaging private property (the tree itself) in the process.

  This situation demonstrates jus necessitatis because damaging private property is typically illegal. However, the passerby's action is excused as it was absolutely necessary to allow the ambulance to reach the hospital and save a life, which is a far greater good than preserving the tree or avoiding property damage. There was no other immediate way to clear the path.

• Shelter in a Blizzard: During a sudden, life-threatening blizzard, a group of hikers becomes disoriented and their lives are at risk from hypothermia and exposure. They discover an unoccupied, remote cabin and, finding no other immediate shelter, force entry to take refuge and use its emergency supplies (like food and blankets) to survive until rescue.

  Breaking and entering, and taking supplies, are usually criminal acts. But in this extreme scenario, the hikers' actions are justified by jus necessitatis because they were essential for their immediate survival against the elements, and there were no other safe alternatives available to them.

• Jettisoning Cargo at Sea: A commercial cargo ship encounters an unexpected, violent storm far out at sea. The ship begins to take on water rapidly, and the captain determines that the vessel is in imminent danger of capsizing, which would result in the loss of the ship and all crew members. To lighten the load and stabilize the ship, the captain makes the difficult decision to jettison a portion of the valuable cargo overboard.

  Deliberately discarding valuable cargo could lead to significant financial loss and potential legal disputes. However, the captain's action falls under jus necessitatis because it was an emergency measure, absolutely necessary to prevent the ship from sinking and to save the lives of the crew, which is a greater priority than preserving the cargo.