HopefullyInLawSchool
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Simple English definitions for legal terms
necessitas
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A quick definition of necessitas:
Term: necessitas
Definition: Necessitas is a Latin word used in Roman law. It means a force or influence that makes someone do something they don't want to do. It's like when you have to do something because you have no other choice, not because you want to. This is different from having free will, which means you can choose to do something or not.
A more thorough explanation:
necessitas
Necessitas is a Latin term used in Roman law. It means a force or influence that makes someone do something they don't want to do. This happens when they have no choice and must act because of the situation they are in. It is different from free will, which means doing something because you want to.
1. A person who steals food to survive because they have no money or resources is acting out of necessitas. They have no choice but to steal because they need to eat to live.
2. A doctor who performs a surgery on a patient without their consent because it is necessary to save their life is also acting out of necessitas. The patient may not want the surgery, but it is necessary to save their life.
These examples show how necessitas can be used to justify actions that would otherwise be illegal or unethical. It is a legal concept that recognizes that sometimes people have no choice but to act in a certain way because of the circumstances they are in.