The Grotius view of lying

Grotius had a weird view: it is never permissible to lie, but “for purposes of natural law”, only assertions to people who had a right to the truth were lies. Nazis at the door, he would have said, have no right to the truth, so one isn’t lying when one asserts known falsehoods to them. This view has always seemed clearly wrong.

But I just realized that there is actually an interesting argument for a very similar view. Start with these three principles:

1. Every lie is an assertion.

2. A defining feature of an assertion is that it is the sort of speech act that the sincerity norm (e.g., “Don’t say what you think is false!”) applies to.

3. No norm applies in contravention of unequivocal moral norms.

Premise (1) is clearly true. Premise (2) is part and parcel of normative accounts of assertion (there is room for variance on what the sincerity norm exactly is, but that variance will not affect our main argument).

Premise (3) is highly controversial. It is a generalization of Aquinas’ principle that immoral “laws” are not really laws. The general idea is that morality not only overrides other norms that contradict it, but as it were sucks all the power out of them. When one knows that ϕing is morally forbidden, responses like “But the law of the land requires it” or “I’d be breaking the rules of the game if I ϕed” make no sense. For there is no normative force against morality. Here are two reasons to accept premise (3). The first is the controversial claim that all norms of action are a species of moral norms. (Here is a theistic argument for this: Norms are appropriately action-guiding; the only thing that can appropriately guide our action is what the love of God requires (we are to love God with all our heart); but to be guided by the love of God and to be guided by morality is the same thing.) The second is that if there are norms other than moral norms, they are created by our normative powers, but it is not plausible that we have the normative power to create norms that stand against the norms of morality (that is, for instance, why immoral promises are null and void).

Then:

4. If the sincerity norm for a speech act ϕ contravenes unequivocal moral norms, the speech act is not an assertion. (By 2 and 3)

5. If the sincerity norm for a speech act ϕ contravenes unequivocal moral norms, the speech act is not a lie. (By 1 and 4)

Now here is one way to fill out the rest of the argument:

6. In Nazi at the door cases, we are morally required to say what we disbelieve (i.e., go against what the sincerity norm would require).

7. So, in Nazi at the door cases, saying what we disbelieve is not a lie. (By 5 an 6)

And that gives us a version of the Grotius view.

My own view is to flip the last two steps of the argument, replacing 6 and 7 with:

8. In Nazi at the door cases, saying what we disbelieve is a lie.

9. So, in Nazi at the door cases it is still false that we are morally required to say what we disbelieve. (By 5 and 8)

10. In Nazi at the door cases, if it is morally permissible to say what we disbelieve, it is morally required.

11. So, in Nazi at the door cases, it is not morally permissible to say what we disbelieve. (By 9 and 10)

But a lot of people balk at 9. And they then have reason to accept the Grotius-like thesis 7.

So, all in all, if one accepts the normative view of assertion and one accepts the contravention principle 3, one has a choice between Kantian absolutism about lying and a Grotius-like view.

Lying and the right to the truth

Some people say that a lie is an assertion contrary to one’s mind to someone who has a right to the truth. Grotius introduced this, but Grotius was clear on the fact that this is not an account of what the word “lie” means in ordinary language. Rather, this was introduced as a technical sense of “lie” for purposes of “natural law”, in order to save an absolute prohibition on lying.

I can see two kinds of accounts of what that is means for x to have a right to the truth regarding p:

1. it is wrong to assert about p contrary to one’s mind to x

2. x has a right to correctly believe, or to know, or to be correctly informed regarding p.

Both options lead to an unsatisfactory saving of the absolute prohibition on lying. On (1), we get the trivial account that it is always wrong to assert about p contrary to one’s mind when it is wrong to do so.

On (2), we get a deficient account that doesn’t cover all the cases of lying. Most of the time when we have ordinary conversations, the other person doesn’t have a right to correctly believe, know or be informed about the matter. If a stranger asks you on the street what time it is, and your phone is buried at the bottom of your backpack, you have no moral obligation to pull out your phone and inform them, as you would if they had a right to be correctly informed. But it would be wrong to deliberately give them your time. It is only in the rare case of special relationships relevant to the conversation that a right to be correctly informed comes up: patients have a right to know about their medical condition; the court has a right to know what the witness saw; etc. If the prohibition on lying is restricted to such cases, then the prohibition fails to cover the vast majority of what we ordinarily take to be lies.