The Microsoft Encarta Dictionaries
defines the verb to lie as to: ‘deliberately say something untrue: to say
something that is not true in a conscious
effort to deceive somebody’ ©Microsoft Corporation 2009 (Make I put copyright
before them sue me abeg).
The important thing to note is that
before somebody can be said to have lied: his statement must be deliberately
untrue, and it must be made with a conscious effort to deceive. *clears
throat** This means that if an untrue statement is made, but in the absence
of that conscious effort to deceive, it cannot be said to be a lie, even
though the false statement was made deliberately. Thus, if the intention or
effort to deceive was subconscious or unconscious, then it is not a lie.
Similarly, if someone makes a statement,
which at the time of stating it, he had reasons to believe his statement was
true, and it turns out to be in fact false, then it can be said that the
person has not told a lie.
Consider the example of a person who is
asked about the whereabouts of another, and he gives a location based on
where he reasonably believes this other to be, he cannot be presumed to have
lied.
Then the case of a girl who is expected
at a party, but is sleeping at home, receives a call from her friend who asks
her, “where are you”, and she replies, “I am on my way.” Can it be said that
she lied? If she had the intention of putting that statement into
manifestation at the time of making it, then she is justified, even if she doesn't actually carry out that intention. Besides, the statement was not
made in a bid to deliberately deceive her friend as to her location, but
rather with the intention of lessening the concern on the part of her friend.
What about the case of the secretary
whose boss instructs her to inform visitors that he is not around. When a
customer eventually comes in asking for her boss, and she replies in
accordance with her boss’ instructions, can it be said that she lied? It can
be said that she fulfilled the requirement of consciously deceiving the
person, but the issue of whether or not her action/statement was ‘deliberate’
comes into play. She was no doubt acting under express instructions, which
can be presumed to be against her will. At law, it will be said that she
acted under duress. The same Encarta Dictionary which I am relying on defines
‘deliberate’ as something carefully thought out and done intentionally. In
the instant scenario, the secretary didn’t carefully think out her actions, rather, it was her boss who
fulfilled that requirement, and her boss also fulfils the requirement of
intention, because the original intention to tell a mistruth originated from
him. It can be possibly that the secretary had no intention of telling the
lie, but had no choice in the matter. Hence, she is excluded from any
liability. Besides, it can be argued that her deception of the customer was
not conscious, since it was not intentional.
The same principle applies where a
father instructs his wife or kid to inform his creditor that he is not at
home when he is in fact hiding under the bed. In fact, a kid acting under
this scenario cannot even be said to be acting deliberately especially when
he is below the age of 12. Neither can his action/words be said to be conscious
or even deliberate because he lacks the capacity to carefully think it out,
and it was obviously not intentional because it was under the express
authority of his father, with the threat of sanction in case of non-compliance.
That’s why sometimes we hear things like: “My daddy said I should tell you
that he is not at home”.
But
where a wife acts under the same circumstances, she may be liable, depending
on the degree of interest she has in the matter. Where she supports or
encourages her husband to make such deception, or where she has spent out of
the money that the creditor wants to collect, then she has fulfilled all
conditions of deliberate intention, and conscious effort to deceive.
Therefore, since deliberate intention,
and conscious effort to deceive are the key factors in determining lies,
anyone wishing to justify a lie not in any of the aforementioned categories
just needs to show that the lie did not originate from him. Or he can train
himself in such a way that he himself is unconscious to the fact that he is telling
a lie. For instance, engaging the use of split-second timing i.e. answering
questions immediately they are asked in such a manner that would seem to be
your sub-conscious answering. When one wastes time before answering a
question, there is a presumption that he has carefully thought out his
answer.
There is also the doctrine of necessity.
Where a lie is told to protect the person being lied to. It cannot be said in
such circumstances that you are deceiving the person-not when the lie is told
for his own benefit.
But the crux of the matter is that he who
lies unjustifiably is going to hell. And when you try to justify an
unjustifiable lie, you are going straight to hell.
I am Oluwanonso_Esq on Twitter;
and that is not a lie.
|
Monday, 26 May 2014
THE LIE THEORY
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Guy! Na lie get all these tushing and grama? Loool. I head you. Guess you are a lawyer right?
ReplyDeleteLol. Kilode.. See analysis. Going by this, its possible I haven't really be telling lies *wink* nice one
ReplyDeleteIts a cool write up bro, buh a lie is a lie, irrespective of d circumstances that lead to it.
ReplyDeleteLol very intelligent write up bro. But the truth be told, A lie is a lie irrespective of the condition or circumstance.
ReplyDeleteLool... funny and intelligent, but lie naa lie.
ReplyDeleteNonso!!
ReplyDeleteI'm not surprised. I've known you to always say the wrong things and go ahead to justify them.
You know who I am and that is not a lie.
I think ama start telling lies
ReplyDelete