This deduction is very ingenious; but it lacks strictness, inasmuch as it is based on the use a man may be made of, which principle is contrary to the general principle of Kant’s morals, and also because it rests on the standpoint of social interest, which lies outside the point in question.
155. Discretion.—It is evident that the duty not to lie, does not carry with it, as its consequence, the duty of telling all. Silence must not be confounded with dissimulation, and no one is obliged to tell all he has in his mind; far from it; we are here before another duty toward ourselves, which stands in some respect in opposition to the preceding one, namely, discretion. The babbler who speaks at all times and under all circumstances, and he who tells what he should not, must not be confounded with the loyal and sincere man, who only tells what he thinks, but does not necessarily tell all he thinks.
Silence is obviously a strict duty toward others, when the matter in question has been confided to us under the seal of secrecy. But it may also be said that it is a duty toward ourselves, and for the following reasons:
1. To use one’s mind, as does the babbler, in giving utterance to barren and frivolous thoughts, is degrading: not all that accidentally crosses one’s mind is worthy of being expressed; and it is simply heedlessness to fix one’s mind on fleeting things, and give them a certain fixity and value through words; 2, there are, on the other hand, other thoughts, too precious, too personal, too elevated, to be indiscreetly exposed to the curiosity of fools or indifferent persons. Thus will it be heroic, unquestionably, to confess one’s faith before the executioner, if there is need; but it is not necessary to proclaim it all round when there is no occasion for it: I believe such and such a thing; I belong to such or such a church; I hold such and such a doctrine; I belong to such or such a party, unless, of course, there is an interest in spreading one’s belief; and even then it will be necessary to choose the right place and the right moment. As to using discretion in regard to our sentiments, our moral qualities, or our defects, it is in one instance a duty of modesty and in another one of personal dignity.
156. Perjury.—If falsehood is in general an abasement of human dignity, it is a still greater abasement when it is of the kind called perjury, and a transgression which might be defined as a double falsehood.
Perjury is of two sorts: it either means swearing falsely or violating a former oath. In order to understand the meaning of perjury, one must know what constitutes an oath.
The oath is an affirmation where God is taken as a witness of the truth one is supposed to utter. The oath consists, then, in some respect, in invoking God in our favor, in making him speak in our name. We, so to say, attest that God himself, who reads the heart, would, if he were called in testimony, speak as we speak ourselves. The oath indicates that one accepts in advance the chastisements God does not fail to inflict upon those who invoke his name in vain.
It will be seen by this how perjury, namely, false swearing, may be called a double lie. For perjury is a lie, first in affirming a thing that is false, and second, in affirming that God would bear testimony if he were present. Let us add that there is here a sort of sacrilege which consists in our making God, in some respects, the accomplice of our lie.
It is true that men, in taking an oath, forget often its sacred and religious character, and, consequently, there is not always a sacrilegious intention in their false swearing. But it may still be said that perjury is a double lie; for in every oath taken, even though stripped of all religious character, there is always a double attestation: first we affirm a thing, and next we affirm that our affirmation is true. It is thus that in that form of speech long since worn out, which is called word of honor, we give our word and engage our honor to attest that such or such affirmation is true. To break this word is, then, to lie twice, for it is affirming a false affirmation. It is for this reason that falsehood, which is always culpable, must, in this case, be regarded as particularly dishonorable.
As to perjury, considered as a violation of a former oath, it belongs to the class of promise or word-breaking, which is especially contrary to the duty toward others. Yet, even in this kind of falsehood, there is also a violation of personal duty; for he who breaks a promise (with or without oath) would seem to indicate by it that he did not intend keeping his promise, which is destructive to the very idea of a promise; it is then, once more, using speech, not as a necessary symbol of thought, but simply as a means of obtaining what we want, reserving to ourselves the liberty to change our minds when the moment comes for fulfilling our promise. This is abasing our intelligence, and making it serve as a means to satisfy our wants, whilst it belongs to an order far superior to these very wants.