Legal Definitions - volition

Volition

Volition refers to the act of making a conscious and intentional choice or decision. It emphasizes that an action or determination was made freely, by one's own will, rather than being compelled, coerced, or accidental.

Here are some examples to illustrate the concept of volition:

• Example 1: Signing a Legal Document

  Imagine a person signing a contract to purchase a new car. For the contract to be legally binding, the buyer must sign it of their own volition. This means they freely and intentionally chose to enter into the agreement, understanding its terms, without being forced or tricked. If it could be proven that they were coerced into signing, their volition would be absent, potentially making the contract unenforceable.

• Example 2: A Witness's Testimony

  In a courtroom, when a witness provides testimony, it is crucial that their statements are made of their own volition. This ensures that the witness is speaking freely and truthfully, based on their own knowledge and memory, rather than being pressured, threatened, or influenced by others to say something specific. A confession given by a suspect must also be voluntary, demonstrating their volition, to be admissible as evidence.

• Example 3: Making a Medical Decision

  Consider a patient who, after discussing all options and potential outcomes with their doctor, decides to undergo a complex surgical procedure. This decision is an exercise of their volition. It signifies their personal, conscious, and informed choice regarding their own body and health, which healthcare professionals are legally and ethically bound to respect, provided the patient has the capacity to make such a decision.