Voluntas necandi
Encyclopedia
In jurisprudence
, voluntas necandi (Latin
voluntas, "will" + gerund
of neco, "to kill") describes the animus nocendi
of a person who willfully kills another human being. Establishment of voluntas necandi is necessary to prove murder
or voluntary manslaughter
as opposed to involuntary manslaughter
.
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, voluntas necandi (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
voluntas, "will" + gerund
Gerund
In linguistics* As applied to English, it refers to the usage of a verb as a noun ....
of neco, "to kill") describes the animus nocendi
Animus nocendi
In jurisprudence, animus nocendi is the subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences....
of a person who willfully kills another human being. Establishment of voluntas necandi is necessary to prove murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
or voluntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
as opposed to involuntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
.