Affirmation

An affirmation is a formal declaration made verbally, used in place of a traditional religious oath in legal and official settings. The key difference between an affirmation and an oath is that an affirmation does not invoke a sacred text or religious references. While an oath typically includes statements such as "I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth", an affirmation concludes with "I do solemnly, sincerely and truly declare and affirm the evidence I shall give shall be the truth, the whole truth, and nothing but the truth". This option is often provided to accommodate individuals who, for personal, religious, or philosophical reasons, prefer not to swear on a religious text. Affirmations are recognised in most legal areas, including both criminal and civil proceedings, and serve as a valid and legally binding alternative to an oath.

Affirmations offer several benefits, particularly in terms of inclusivity and accessibility in legal settings. One significant advantage is that they allow individuals of any belief system, including atheists, agnostics, and people from diverse religious backgrounds, to participate in legal proceedings without compromising their personal convictions. This inclusivity ensures that witnesses, jurors, or parties involved in a case can give evidence without feeling pressured to engage in religious practices they do not follow. Additionally, affirmation reduces potential discomfort or stress for individuals who may feel uneasy swearing on religious texts or symbols, promoting a more modern and secular approach to law. Overall, the use of affirmation enhances the accessibility of the justice system, ensuring that all individuals, regardless of their religious beliefs, can actively and comfortably engage in legal processes.

Despite its inclusive nature, there are some disadvantages associated with using affirmations. One potential drawback is that, for some individuals, an affirmation might lack the emotional or moral weight of a religious oath. People who do not believe in divine retribution or an afterlife may feel less pressure to tell the truth during legal proceedings, potentially reducing the perceived seriousness of the process. Another issue is the potential for inconsistencies in courtroom procedures, as some people might opt for an oath while others choose to affirm. This variability can complicate the standardisation of oath-taking practices, possibly creating an uneven sense of accountability among participants. Lastly, there may be practical issues, as some individuals may not be fully aware of their right to affirm or may not understand the significance of the affirmation process, leading to confusion or misunderstandings in court.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.