Issues have arisen in relation to the swearing of affidavits during the Covid19 lockdown. How did the practice come about in the first place?
The practice is rooted in the ancient concept of judicium dei, or divine judgment, shared by the early forms of proof in Anglo-Saxon law.
The practice is rooted in the ancient concept of judicium dei, or divine judgment, shared by the early forms of proof in Anglo-Saxon law.
Supernatural beings were believed to possess magic powers which could be invoked through an uttered curse and which would punish people who broke their promise. The oath was a traditional self-curse used as security for a promise. Eventually, the God of monotheistic religions
acted as executor of a person's oath. Gods were thought to respond to its "magic", and it was believed to affect his actions with determinative power.
While pre-Christian Greek and Roman law occasionally employed oaths, many philosophers expressed grave doubts about their
While pre-Christian Greek and Roman law occasionally employed oaths, many philosophers expressed grave doubts about their
evidentiary efficacy and moral value. Aristotle characterised the oath as “an unproved statement supported by an appeal to the gods”, and the Stoics advised shunning the oath whenever possible. The objection was based on moral, humanistic considerations relating to the dignity &
veracity of man as a rational being, and not on theological grounds.Testimonial oaths were nevertheless institutionalised in Roman jurisprudence in the 4th century A.D., when Constantine, believing that he was following Christian practice, required witnesses' statements to be
sworn.
This provision was later incorporated into the Code of Justinian, and from that source it was adapted, primarily through the canon law, to all of European Christendom.
This provision was later incorporated into the Code of Justinian, and from that source it was adapted, primarily through the canon law, to all of European Christendom.
