Legal Definitions - necessitas

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.