A Tempered "Yes" to the "Exculpatory No"

Pomfret, Scott D.

Journal: Michigan Law Review

Volume: 96

First Page: 754

Year: 1997

Bluebook Citation: 96 MICH. L. REV. 754 (1997)

Author: Scott D. Pomfret: all 4 publications


Abstract

What circumstances trigger a person's duty to tell the truth? Immanuel Kant claimed without qualification that all circumstances require truthtelling, even when speaking the truth injures the speaker. John Henry Cardinal Newman made exceptions for lies that achieved some positive end. Hugo Grotius permitted lies to adversaries.

The philosophy of twentieth-century common sense largely permits white lies. Perhaps surprisingly, some courts have found that Kant's absolute prohibition of falsehood more accurately characterizes a speaker's duty to tell the truth to the federal government under 18 U.S.C. § 1001 than these other, more relaxed standards. According to this view, the prohibition on lying has no less force in informal circumstances, in which the speaker swears no oath and the government has no reciprocal duty.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.