Monday, August 06, 2007

Is Your Word Your Bond? Are Some Lies Good?

One of my associates mused as follows in response to the comments about Federal Judges’ oaths:

“Is not a bond the same as an oath?
“If my word is my bond am I not pledging my oath by virtue of my word (bond)?”

The Value of Constitutional Loyalty Oaths

I don’t think it much matters whether an oath stands equivalent to the bond of your word. Men and women generally revered God in the days of yore. They swore an oath in God’s name, or they just swore it. The oath meant something, and it thereby bound them to perform accordingly. Why? Because they feared that God would smite or punish them somehow if they violated the oath.

Nowadays, you can’t trust people, particularly those in government, to care about, honor, or even believe in God. And if they say they do, you can’t trust them to mean they believe the have made a commitment to operate righteously as God does. They typically justify unrighteous behavior by saying “Hey, nobody’s perfect.”

Furthermore, the law obliges all who would vote or take government employment swear a "loyalty" oath to support the Constitution of the USA, and (for state employment) of the State.  But most who swear that oath have never read nor fully studied the constitutions.  It seems a foregone conclusion that the vast majority of loyalty oath swearers cannot possible support what they do not know, and that they have committed perjury upon swearing that oath.

So, what value has the oath of loyalty to the Constitution ? I believe it has little value, for these reasons:

  1. Violating the loyalty oath does not cause the violators to forfeit money or position;
  2. One cannot support what one does not know, and most don't know the constitutions;
  3. God certainly does not smite, punish, or strike violators dead. 
  4. No law that I know of penalizes a violation of the loyalty oath.

The Kol Nidre Declaration

Furthermore, some groups of people, like fundamentalist Jews, may and do engage in ritual denials of oaths in advance of swearing them.  Take, for example, the Kol Nidre solemn declaration of fundamentalist Jews at Yom Kippur every late September/early October:
"All personal vows we are likely to make, all personal oaths and pledges we are likely to take between this Yom Kippur and the next Yom Kippur, we publicly renounce. Let them all be relinquished and abandoned, null and void, neither firm nor established. Let our personal vows, pledges and oaths be considered neither vows nor pledges nor oaths."
How can "we the people" possibly trust the integrity of those who foreswear their oaths in advance?  Religion pundits might claim they mean that Kol Nidre declaration refers only to personal oaths like "I swear I'll stop smoking,"  But in reality they have no idea what sincerity lurks in the hearts of the members of their flocks. Kol Nidre could apply to all oaths, personal, impersonal, formal, informal, large, small, significant, and insignificant.  In other words, you cannot trust people who foreswear their oaths in advance to adhere to oaths they swear subsequently.

And, interestingly, Ashkenazi Jews often wind up in leadership positions in courts and elsewhere in government because they have the highest average IQ (115) of any genetic group on the planet.  So the meaning and sincerity of their oath taking has salient relevance to their performance of duties according to law and rules of procedure.

Public Officers Must Build a Record of Trustworthiness

From practical experience, how do I know you can’t trust judges and other officials to abide by their loyalty oaths?   Simple.  I have monitored their behavior. You can too. Start attending court hearings and you will conclude as I have that most judges violate their loyalty oaths several times a day.

We have living proof from the behavior of judges in all levels of courts that their word does not constitute their bond. And you will note that many states (including Florida) do not require judges to have surety bonds to give people a modicum of confidence that the judges will abide by their oaths.  

Why do judges lie and disobey their oaths so much?  Because they enjoy judicial immunity that no constitution grants them.  The Judicial Qualification Commissions have judges and lawyers in them who overlord the citizen appointees, and they virtually never discipline judges widely reputed to flout the law and rules.  Furthermore, citizens find it virtually impossible to get the House Committee on the Judiciary to impeach "bad" judges.  The newspapers refuse to publish negative stories about all but the worst of judges.  Prosecutors won't prosecute them.  And grand juries, usually perverted by prosecutors, won't indict them.  Thus, judges do lie and disobey their oaths because they can get away with doing it.  In summary, I have concluded that most judges, having no check or balance on their behavior, lie, and many lie a lot.

Also, many prosecutors enjoy qualified immunity, and as prosecutors their winning has greater importance to them than their honesty and integrity.  They will typically say or do anything to win their case because they know that the law means only what the judge says it means.  They don't want to trust that they will win a case on its merits, so they lie to the defendant in order to coax out a plea bargain agreement.  And because so many defense attorneys plea bargain their clients into a conviction, they never become competent litigators. Because so many prosecutors face off against incompetent defense counsels, prosecutors generally win, but still never develop competence.  In effect the defendants become victims of a comedy or errors practiced by figurative dunces.

So, I believe ALL prosecutors lie more than judges do, in other words, ALL the time, or whenever it suits their purpose.  And, horror of horrors, many prosecutors go on to become judges.  They start lying early in their careers, carry it over into judgeships, and never stop.    Since they lie so much in public, surely they have no compunction about doing it at home.  So, I have often wondered why their children and spouses don't kill them in their sleep.

I realize my reaction to judge/prosecutor lies and flouting of loyalty oaths seems extreme.  But I can think of no liar more horrid, intolerable, and deserving of excision from the planet than a lying judge, and next to that, a lying lawyer.

According to Mark Twain

A person saying “My word is my bond” signifies the intent to say and obey the truth of that word. That statement implies such an intent and behavior since the time of accountability or of having made the first moral decision in childhood. It seems somewhat equivalent to saying “May God strike me dead if I’m lying or if I fail to abide by what I said.” That person means:
I have lived my whole life since a child saying the truth, and obeying what I said. I shall continue doing so.”
Mark Twain would take exception to such a grandiose statement. He believed everyone a liar. He even wrote an essay about it in 1885 - On the Decay of the Art of Lying. There he quoted Benjamin Disraeli (actually, Lord Leonard Henry Courtney) as referring to the three kinds of liars – “liars, damned liars, and statistics.” Mark Twain alleged that everyone tells at least little white lies. Since we can’t stop lying, he asserted, we should lie more artfully, thoughtfully, and judiciously according to these rules:

1. to lie with a good object, and not an evil one;
2. to lie for others' advantage, and not our own;
3. to lie healingly, charitably, humanely, not cruelly, hurtfully, maliciously;
4. to lie gracefully and graciously, not awkwardly and clumsily;
5. to lie firmly, frankly, squarely, with head erect, not haltingly, tortuously, with pusillanimous mien, as being ashamed of our high calling.

I Side with Twain

I feel rather inclined to side with Twain. We should not claim “my word is my bond,” for we MUST sometimes lie in the name of nobility and righteousness. In fact, as any politician would tell you, one’s profession can require one to lie quite often.

For clarification, consider the following List of Kinds of Lies. I imagine it could easily grow twice its number of lie types. All of the items on it constitute lies of one kind or another.

List Kinds of Lies (partial)

  1. ambiguity
  2. amphigory
  3. amplification
  4. balderdash
  5. baloney
  6. bamboozle
  7. beat around the bush
  8. beguile
  9. bilgewater
  10. bilk
  11. blather
  12. bluff
  13. bosh
  14. bullshit
  15. cajole
  16. canard
  17. cheat
  18. claptrap
  19. cock and bull
  20. con
  21. counterfeit
  22. cow plop
  23. coy
  24. deceit / deceive / deception
  25. decoy
  26. defraud
  27. delusion
  28. diddle
  29. diplomacy
  30. dishonesty
  31. disinformation
  32. dissemble / dissimulation
  33. distortion
  34. double-cross
  35. drivel
  36. drool
  37. dupe
  38. duplicity
  39. equivocation
  40. euphemism
  41. evasion
  42. exaggeration
  43. fable
  44. fabrication
  45. fairy tale
  46. fallacy
  47. falsehood
  48. falsification
  49. falsity
  50. fib
  51. fiction
  52. figure of speech
  53. flattery
  54. flimflam
  55. fob
  56. fool
  57. forgery
  58. fraud
  59. fugazi
  60. game
  61. generalization
  62. gull
  63. half-truth
  64. hoax
  65. hocus
  66. hogwash
  67. hornswoggle
  68. humbug
  69. hustle
  70. hyperbole
  71. imposture
  72. inaccuracy
  73. inveigle
  74. invention
  75. joke
  76. josh
  77. liar
  78. libel
  79. lie (damned)
  80. lie (white)
  81. lie (ordinary)
  82. malapropism
  83. mendacity
  84. mental reservation
  85. misdirection
  86. misinformation
  87. mislead
  88. misrepresentation
  89. myth
  90. omission
  91. paltering
  92. paltery
  93. perjury
  94. poppycock
  95. pretense
  96. prevaricate
  97. propaganda
  98. pseudologue / pseudology
  99. rumor
  100. sham
  101. slander
  102. song and dance
  103. spoof
  104. statistic
  105. story
  106. stretching of the truth
  107. swindle
  108. tale / tall tale
  109. taradiddle
  110. tergiversation
  111. tommyrot
  112. trick
  113. twaddle
  114. untruth
  115. unveracity
  116. yarn

Why I Side with Mark Twain

As I suggested when I sided with Twain, I don’t mean to imply that one can never justify a lie. A lie can save relationships, lives, or perhaps a civilization. But however justified, it still amounts to a lie.

And even though statistics constitute mathematical lies, they also provide a way of analyzing facts so as to discover their general nature. And that kind of lie, a generalization, highlights truth to prevent people from equating an exception with its rule. As Harvard professor emeritus Frederick Mosteller pointed out, "It is easy to lie with statistics, but it is easier to lie without them." Statistics can keep some liars somewhat honest.

Summary and Conclusion

Don’t worry. Even “bad things” like lies can serve good purposes.  

However, disloyalty to truth never does any good.

Anyway, statistically speaking, I guess every human who ever lived did at least one of the things in the above List of Kinds of Lies.

And that means no man’s word is his bond.  So I ask:  is this statement a lie?

Bob Hurt
Am I who I seem?
Contact: Email  bh   f       t 
1 2 3 
E-letter Subscribe Donate Learn the Law
2460 Persian Drive #70,  Clearwater,  Florida 33763  •
727 669 5511