International Law Research; Vol. 9, No. 1; 2020 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Modernising the Law on Oaths & Affirmations Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail:
[email protected] Received: November 11, 2019 Accepted: December 23, 2019 Online Published: January 19, 2020 doi:10.5539/ilr.v9n1p1 URL: https://doi.org/10.5539/ilr.v9n1p1 1. INTRODUCTION In modern times we are witnessing social change at an increasing rate as well as globalisation. Against this background it is important that English law keeps up-to-date. However, many legal formalities of the past have become obsolete today.1 This article considers one set of legal formalities. The requirement imposed on a person, in various situations, to give an oath or affirmation. The two words are connected since an oath comprises a religious affirmation. Thus, an oath is a type of affirmation or assertion - these words being synonyms.2 And, an affirmation is the same as a declaration.3 Hence, sometimes, the words affirmation and declaration are used interchangeably. Oaths, affirmations and declarations may be oral or written. In religious societies such as in Biblical times - as well as in later Anglo-Saxon and medieval England - the oath was an integral feature. Especially, in legal and ecclesiastical spheres. The oath was designed to be morally binding. However, it was not (generally) legally binding (enforceable) apart from in legal proceedings, where the crime of perjury could be held to have been committed if a false oath was given.4 By means of an oath a person swore to (that is, asserted or declared) the truth of something (an assertory or declaratory oath) or promised to do something (a promissory oath).