A Manual of Moral Philosophy

by Andrew P. Peabody

Is falsehood justifiable for the safety of one's own life or that of others? This is a broad question, and comprehends a very wide diversity of cases. It includes the cases, in which the alternative is to deny one's political or religious convictions, or to suffer death for the profession of them. Here, however, there can be no difference of opinion. Political freedom and religious truth have been, in past ages, propagated more effectively by martyrdoms, than by any other instrumentality; and no men have so fully merited the gratitude and reverence of their race as those who have held the truth dearer than life.

But the form which the question ordinarily assumes is this: If by false information I can prevent the commission of an atrocious crime, am I justified in the falsehood? It ought first to be said, that this is hardly a practical question. Probably it has never presented itself practically to any person under whose eye these pages will fall, or in any instance within his knowledge. Nor can the familiar discussion of such extreme cases be of any possible benefit. On the other hand, he who familiarizes [pg 126] himself with the idea that under such a stress of circumstances what else were wrong becomes right, will be prone to apply similar reasoning to an exigency somewhat less urgent, and thence to any case in which great apparent good might result from a departure from strict veracity. Far better is it to make literal truth the unvarying law of life, and then to rest in the assurance that, should an extreme case present itself, the exigency of the moment will suggest the course to be pursued. Yet, in ethical strictness, falsehood from one self-conscious person to another cannot be justified; but we can conceive of circumstances in which it might be extenuated. There are no degrees of right; but of wrong there may be an infinite number of degrees. One straight line cannot be straighter than another; but we can conceive of a curve or a waving line that shall have but an infinitesimal divergence from a straight line. So in morals, there may be an infinitesimal wrong,—an act which cannot be pronounced right, yet shall diverge so little from the right that conscience would contract from it no appreciable stain, that man could not condemn it, and that we cannot conceive of its being registered against the soul in the chancery of heaven. Such may be the judgment which would properly attach itself to a falsehood by which an atrocious crime was prevented.

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Promises belong under the head of veracity for a double reason, inasmuch as they demand in their [pg 127] making the truthful declaration of a sincere purpose, and in their execution an equal loyalty to the truth, even though it involve inconvenience, cost, or loss. The words of a promise may often bear more than one interpretation; but it is obviously required by veracity that the promiser should fulfil his promise in the sense in which he supposed it to be understood by him to whom it was made.

There are cases in which a promise should not be kept. The promise to perform an immoral act is void from the beginning. It is wrong to make it, and a double wrong to keep it. The promise to perform an act, not intrinsically immoral, but unlawful, should be regarded in the same light. If both parties were aware, when the promise was made, of the unlawfulness of the act, then neither party has the right to deem himself injured by the other. If, however, the promiser was aware of the unlawfulness of his promise, while the promisee supposed it lawful, the promiser, though not bound by his promise, is under obligation to remunerate the promisee for his disappointment or loss. If the act promised becomes unlawful between the making and the execution of the promise, the promise is made void, and the promisee has no ground of complaint against the promiser. Thus, if a man promised to send to a correspondent goods of a certain description at a certain time, and before that time the exportation of such goods were prohibited by law, he would be free both from his promise and from responsibility for its non-fulfilment.

A promise neither immoral nor unlawful, but made under a mistake common to both parties, and such as—had it been known—would have prevented the promise, is void. An extorted promise to perform an immoral or unlawful act cannot be binding. One has, indeed, no moral right to make such a promise, though if the case be one of extreme urgency and peril, extenuating circumstances may reduce the wrong to an infinitesimal deviation from the right; but, when the duress is over, no considerations can justify the performance of what it was wrong to promise. But a promise, not in itself immoral or unlawful, is binding, though made under duress. Thus, if a man attacked by bandits has had his life spared on condition of a pecuniary ransom, he is bound to pay the ransom; for at the moment of peril he thought his life worth all he promised to give for it, and it is neither immoral nor unlawful to give money, even to a robber. In a case like this, regard for the safety of others should, also, have weight; for in a country liable to such perils, the breach of a promise by one man might cost the community the lives of many.

Contracts are mutual promises, in which each party puts himself under specific obligations to the other. They are to be interpreted on the same principles, and to be regarded as void or voidable on the same grounds, with promises.

An oath is an invocation of the protection and [pg 129] blessing of God, or of his indignation and curse, upon the person swearing, according as his assertion is true or false, or as his promise shall be observed or violated. “So help you God,” the form in common use in this country, expresses the idea that underlies an oath,—so being, of course, the emphatic word. Oaths are exacted of witnesses in courts of justice in confirmation of their testimony, and of incumbents of public offices in pledge of their fidelity. They are required, too, in attestation of invoices, inventories of estates, returns of taxable property, and various financial and statistical statements made under public authority. There are, also, not a few persons of whom, and occasions on which an oath of allegiance to the government of the state or nation is demanded.

An oath does not enhance one's obligation to tell the truth, or to fulfil his promise. This obligation is entire and perfect in all cases, on the ground of intrinsic fitness, and of the known will and command of God. But the tendency of oaths is to establish in the minds of men two classes of assertions and promises, one more sacred than the other. He who is required under the solemn sanction of an oath merely to tell the truth or to make a promise in good faith, arrives naturally at the conclusion that he is bound to a less rigid accuracy or fidelity in ordinary statements or promises. The law of the land, as we have seen, bears an important part in the ethical education of the young; and by means of the legal distinction created between assertions or promises under [pg 130] oath and those made without that sanction, children and youth are trained to regard simple truth-telling and promise-keeping as of secondary obligation. This effect of legal oaths is attested by the prevalence of profane swearing, and by the frequent use of oath-like forms of asseveration, not regarded as profane, by persons of a more serious character. Except in the religious sects that abjure the use of oaths, nine persons out of ten swear more or less, and spontaneously confirm statements which are in the least degree strange or difficult of belief, or promises to which they wish to give an air of sincerity and earnestness, by the strongest oaths they dare to use. This comes of a felt necessity, which will exist as long as preëminent sanctity is attached to legal oaths.

Oaths are notoriously ineffective in insuring truth and fidelity. So far as their educational influence is concerned, they tend, as we have seen, to undermine the reverence for truth in itself considered, which is the surest safeguard of individual veracity. Then too, so far as reliance is placed upon an oath, the attention of those concerned is directed with the less careful scrutiny to the character for veracity borne by him to whom it is administered. In point of fact, men swear falsely whenever and wherever they would be willing to utter falsehood without an oath. In courts of justice, the pains and penalties of perjury undoubtedly prevent a great deal of false swearing; but precisely the same penalties are attached to the affirmation of persons who, on the ground of religious [pg 131] scruples, are excused from swearing, and they certainly are none too severe for false testimony, in whatever way it may be given. Notwithstanding this check, however, it is well known that before a corrupt or incompetent tribunal, an unprincipled advocate never finds any difficulty in buying false testimony; and even where justice is uprightly and skilfully administered, it is not rare to encounter between equally credible witnesses such flagrant and irreconcilable contradictions as to leave no room for any hypothesis other than perjury on one side or both. Perjury in transactions with the national revenue and with municipal assessors is by no means unprecedented among persons of high general reputation. False oaths of this description are, indeed, not infrequently preceded by some fictitious formalism, such as an unreal and temporary transfer of property; but this is done, not in order to evade the guilt of perjury, but, in case of detection, to open a technical escape from its legal penalty. Promissory oaths are of equally little worth. There is not a public functionary from the President of the United States to the village constable, who does not take what is meant to be a solemn oath (though often administered with indecent levity) to be loyal to the constitution of the country or state, and faithful in the discharge of his official duties. Yet what effect has this vast amount of swearing, if it be not to make perjury so familiar an offence as to be no longer deemed disgraceful? Not a bribe is taken by a [pg 132] member of Congress, not a contract surreptitiously obtained by a municipal official, not an appointment made to the known detriment of the public on personal or party grounds, without the commission of a crime, in theory transcendentally heinous, in practice constantly condoned and ignored. Nor can we be mistaken in regarding the sacrilege and virtual blasphemy resulting from the institution of judicial, assertory, and promissory oaths, as holding no secondary place among the causes of the moral decline and corruption of which we witness so manifest tokens.