Legal Definitions - mutus et surdus

The term mutus et surdus is a historical Latin phrase that literally translates to "deaf and dumb." In past legal systems, this term was used to describe individuals who were unable to hear and speak. It is important to note that this term is now considered archaic and offensive, having been replaced by more accurate and respectful language such as "deaf," "hard of hearing," "non-verbal," or "speech-impaired." Historically, a person identified as mutus et surdus often faced specific legal challenges or limitations due to their communication barriers, which were frequently misunderstood or misinterpreted by the legal system.

• Example 1: Testamentary Capacity

  In 18th-century common law, if an individual wished to create a will, but was legally deemed mutus et surdus, courts often scrutinized their capacity to understand the will's contents and express their intentions. For instance, a person who was deaf and non-verbal might have historically faced significant legal hurdles in proving they possessed the necessary mental comprehension to execute a valid will, sometimes requiring extraordinary evidence or the involvement of a guardian to affirm their understanding and consent. This illustrates how the term historically implied a legal presumption of limited capacity or required special procedures for individuals with communication differences.

• Example 2: Courtroom Testimony

  Consider a trial in the 19th century where a crucial witness was identified as mutus et surdus. Historically, a court might have ruled such a person incompetent to testify, believing they could not adequately understand the oath or reliably communicate their observations to the jury. This could lead to their testimony being entirely excluded, potentially impacting the outcome of the case. This example demonstrates how the term was historically used to justify denying individuals certain legal rights or roles based on their perceived inability to communicate within the prevailing legal framework.

• Example 3: Contractual Agreements

  In some historical legal contexts, an individual described as mutus et surdus might have been legally restricted from independently entering into significant contracts, such as purchasing property or taking out a loan. For example, a person who was deaf and non-verbal might have been required to have a legally appointed guardian co-sign or provide explicit consent for any major financial or property transaction, due to historical concerns about their ability to comprehend complex legal terms and express informed agreement. This highlights how the term historically led to limitations on a person's autonomy and legal capacity in civil transactions.