International law; Natural law; War (International law)
XI. In strictness of speech such ambiguity is excluded from the notion
of a lie. The common notion of a lie therefore is something spoken,
written, marked, or intimated, which cannot be understood, but in a
sense different from the real meaning of the speaker. But a lie, in
this stricter acceptation, having some thing unlawful in its very
nature, necessarily requires that a distinction should be made between
it and that latitude of expression already explained. And if this
acceptation be properly considered, at least according to the opinion
prevailing in all nations, it seems, that no other explanation of it is
necessary to be given, except that it is a violation of the existing
and permanent rights of the person, to whom a discourse, or particular
signs, are directed. It is a violation of the rights of ANOTHER; for
it is evident, that no one can utter a falsehood with a view to impose
upon himself. The rights here spoken of are peculiarly connected with
this subject. They imply that liberty of judgment, which men are
understood, by a kind of tacit agreement, to owe to each other in their
mutual intercourse. For this, and this alone is that mutual obligation,
which men intended to introduce, as soon as they began to use speech,
or other signs of equal import. For without such an obligation the
invention of those signs would have been perfectly nugatory. It is
requisite too, that at the time a discourse is made, such a right or
obligation should remain in full force.
A right may indeed have existed and afterwards have become obsolete,
owing to the rise or occurrence of some new right: which is the case
with a debt, that may be released by acquittance, or non-performance of
a condition. It is farther requisite, to constitute a VIOLATION OF THIS
RIGHT, that the ensuing injury should immediately affect the PERSON
ADDRESSED: as in contracts, there can be no injustice, but what affects
one of the parties, or persons concerned.
And perhaps under the head of this right, it may not be improper to
assign a place to that TRUE SPEAKING, which Plato, following Simonides,
classes with justice, in order to form a more striking contrast with
that falsehood, so often prohibited in Scripture, by the name of false
witness to, or against, our neighbour, and which Augustin, in defining
a lie, calls an intention to deceive. Cicero also in his offices lays
down truth, as the basis of justice.
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