International law; Natural law; War (International law)
Words, or signs, importing the same meaning as words, are generally
taken for conceptions of the mind, yet it is no lie for any man to
utter a falsehood, which he believes to be true; but the propagation
of a truth, which any one believes to be false, IN HIM amounts to a
lie. There must be in the use of the words therefore an INTENTION to
deceive, in order to constitute a falsehood in the proper and common
acceptation. Consequently, when any one single word, or the whole
tenour of a discourse, admits of more significations than one, either
by the use of some popular phrase, some term of art, or intelligible
figure of speech, in that case if the speaker's intention correspond
with any one of those meanings, he cannot be charged with using
falsehood, although it is possible that a hearer may take his words in
a very different sense. It is true that using such an ambiguous method
of speaking on ALL OCCASIONS is not to be approved of, though there
are particular circumstances under which it may be reconciled with
honour and justice. In communicating knowledge, for instance, there
is no harm in using a metaphor, an irony, or an hyperbole, figures of
speech, tending either to adorn or to elucidate a subject. There are
cases too, where by this doubtful mode of expression it may be proper
to avoid an urgent and impertinent question. There is an instance of
the former kind in our Saviour's saying, that "our friend Lazarus
sleepeth," where the disciples understood him, as if he were speaking
of the refreshing rest of an ordinary sleep: and when he spoke of
restoring the temple, which he meant his own body, he knew that the
Jews applied what he said to the MATERIAL EDIFICE of the Temple. In the
same manner he frequently addressed the multitudes in parables, which
they could not understand by barely hearing, without that docility
of mind, and attention, which the subject required. Profane history
too furnishes us with an example of the second kind, in the conduct
of Vitellius, who, as Tacitus informs us, gave Narcissus doubtful and
ambiguous answers, in order to avoid his urgent questions; as any
explicit declaration might have been attended with danger.
On the other hand, it may happen to be not only censurable, but even
wicked to use such a manner of speaking, where either the honour of God
or the welfare of mankind is concerned, or indeed any matter, which
demands explicit avowals, and open dealing. Thus in contracts every
thing necessary to their fulfillment ought to be fully disclosed to
those concerned. There is an apposite expression of Cicero, who says,
that every degree of deception ought to be banished from all contracts,
and there is in the old Athenian Laws a proverb, conformable to this,
which says, there must be nothing, but open dealing in markets.
Public-domain text, read in full here on John Shaqi.
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