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Print Article | Email Article | Write To Us
Print Edition » Commentary

Are All Falsehoods Lies?

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by Janet Smith Friday, Jul 08, 2011 5:23 PM Comments (13)

Some months ago the Internet was abuzz with discussion over whether or not sting operations against Planned Parenthood are moral.

These ongoing operations, conducted by Lila Rose and her associates working for Live Action, involved individuals pretending to be a pimp and a prostitute who lie to Planned Parenthood staff about the need they have for abortions and health-care services for their 14- and 15-year-old “workers.”

This technique led to exposing Planned Parenthood’s practice of collusion with pimps and prostitutes and their disregard for the legal mandate to report statutory rape and other violations of the law.

Catholics, however, are not satisfied simply with good results. We do not judge actions solely by their consequences. We understand that we should never do evil to achieve good. A good end does not justify an evil means.

So the question is: Were the Live Action investigators guilty of using immoral means to a moral end?

On the face of it, it seems so. After all, the Catechism states: “Lying is the most direct offense against the truth. To lie is to speak or act against the truth in order to lead someone into error” (2483). Quoting St. Augustine, it defines a lie as “speaking a falsehood with the intention of deceiving” (2482).

The investigators certainly were saying something false with the intention of deceiving, and thus it seems an open-and-shut case. Some conclude that they lied: It is wrong to lie; no matter how good the consequences, they should not have told lies to achieve their good ends. They were, it seems, clearly violating Church teaching.

Yet, in spite of what seems an obvious conclusion, many faithful Catholic theologians, such as Christopher Kazcor and Peter Kreeft, posted statements on websites in defense of Live Action. Other theologians, such as Christopher Tollefsen, William May and Germain Grisez, posted statements or gave interviews lauding Live Action’s intentions but condemning their actions. The “comments” sections of numerous blogs raised myriad questions about the morality of spying and undercover police investigations, the giving of false passports to Jews during World War II, and about many passages in Scripture that seem to indicate God’s approval of some lies (such as the Hebrew women lying to Pharaoh about why they didn’t kill boy babies).

Why the confusion? Again, shouldn’t it be an open-and-shut case, given what the Catechism states? Surprisingly, the Catechism is, in some sense, one of the sources of the confusion.

In the 1992 first edition of the Catechism, the sin of lying was defined quite differently from the final and official version of 1997. It stated: “Lying is the most direct offense against the truth. To lie is to speak or act against the truth in order to lead into error someone who has the right to know the truth” (2483). This definition leaves a great deal of latitude for stating falsehoods to those who do not deserve to know the truth, such as Nazis seeking to kill Jews hiding in someone’s attic.

With these two different definitions of lying, the Catechism reflects a debate that has been ongoing since the early days of the Church.

Several of the early Church theologians, such as Clement of Alexandria, Origen and Hilary, maintained it was moral to tell a falsehood to deter someone from killing an innocent human being. Augustine famously broke with his predecessors and with his contemporary Jerome and condemned nearly all falsehoods, in word and deed, even falsehoods told just to get a laugh (jocose falsehoods).

I think it a rather large nose under the tent that Augustine allowed a man to lie who was threatened with homosexual rape. It is not hard to think that threat of other actions might also warrant lying, although neither Augustine or Aquinas thought so.

John Henry Newman condemned nearly all falsehoods, except those told by lawyers to protect secrets told them and by priests to protect the sanctity of the confessional. I believe these exceptions indicate that an absolute ban on telling falsehoods is next to impossible to sustain.

Aquinas’ position on lying is based on a view of the purpose of speech that might not be accepted even by some of those who agree with him on the morality of lying. Aquinas didn’t convince everyone. Those who invented the theory of mental reservation (not saying aloud all one has in one’s mind) defended the telling of falsehoods in some situations.

Newman acknowledged that the question was an open one at his time and that those who defended the telling of falsehoods were not rejecting Church teaching. The opinion of Aquinas has remained as the stronger one, but the appearance of the phrase “who has the right to know the truth” in the first edition of the Catechism indicates that the issue of the morality of telling falsehoods to evildoers was not settled at that time and even at that time it was approved.

So what are we to make of the change between the first version of the Catechism and the final, authoritative version?

The Church has not explained why the phrase was excluded in the final version. Certainly, it is not an unreasonable explanation that it was an error to include the phrase in the first place and to claim that now the issue is settled. Yet, there are also reasons to believe that the Church did not intend to settle the issue, that it intended only to provide what is the “more probable” teaching, the one held by more of the reputable theologians who have addressed the issue.

Had it wanted to settle the issue, the Catechism could have done so more clearly and emphatically by included statements such as: “It is always morally wrong to tell falsehoods even to deter those who are intent upon serious wrongdoing.”

The Catechism could also have clarified whether it is always wrong to use conventional falsehoods (such as saying “I am fine” when one is not fine) or telling jocose falsehoods. (Although Augustine and Aquinas condemn all such lies, they hold that such lies are venial not mortal sins.)

The Catechism could have listed spying and undercover sting operations as the sort of actions that violate the Eighth Commandment, as it is careful to list different kinds of actions that violate the other commandments.

The silence of the Catechism about the kinds of actions (conventional falsehoods, jocose falsehoods, spying, etc.) that many Catholics approve, is telling. Moreover, many saints have engaged in false significations; for instance, the martyrs of recusant England and those who harbored them.

How should this issue be resolved? I believe theologians and philosophers need to engage the issue very energetically. (I recently attempt such an engagement in the June/July edition of First Things). Both those who would condemn all lying and those who approve of telling falsehoods in some situations need to define precisely what a lie is and why it is wrong or why it is not always wrong. Only then we will be able to determine whether what Live Action did was moral or immoral.

I think the history of the Church’s teaching and the current state of the Church’s teaching on the morality of telling falsehoods to evildoers shows that it is an unsettled teaching.

Thus, I think we can say with some confidence that the Live Action investigators did not violate settled Church teaching on the matter. I think Catholics involved in spying, police sting operations, and military deceptions also are not violating settled Church teaching.

They must examine their consciences to determine if they believe God is calling them to engage in such activity. And meanwhile, theologians and philosophers should get busy.

Janet E. Smith, Ph.D., holds the Father Michael J. McGivney Chair of Life Ethics at Sacred Heart Major Seminary in Detroit, Michigan.

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Posted by caroline on Tuesday, Jul 12, 2011 7:27 PM (EDT):

Why do we need this defined?  Isn’t a little wiggle room wiser, safer, and humbler for all of us?  Must the scrupulous deny the rest of us the use of a little common sense?

Posted by Tom R on Thursday, Jul 14, 2011 1:30 PM (EDT):

“I think it a rather large nose under the tent that Augustine allowed a man to lie who was threatened with homosexual rape. It is not hard to think that threat of other actions might also warrant lying, although neither Augustine or Aquinas thought so.”

A large nose, indeed. As to theologians getting busy, I think you had it right the first time around. There are conditions in the post-lapsarian world in which humans can put humans in untenable moral positions. I wish you had re-iterated that, here.

Posted by Janet E. Smith on Thursday, Jul 14, 2011 7:18 PM (EDT):

Retraction:
Augustine periodically found himself in need of making retractions because over time, he changed his views on some matters.  I need to make a retraction because I made a mistake.  I attributed a position to Augustine that was not his.  I claimed that he approved of telling a lie.  He did not.  He found lies for the purpose of avoiding homosexual rape the least of lies, but nonetheless a lie, and a sin.  I am sorry to have misrepresented his position and especially sorry if my having done so leads anyone into sin or error.

Posted by Tom R on Thursday, Jul 14, 2011 7:40 PM (EDT):

This is the quote in question:
“15. The whole stress, then, of this question comes to this; whether it be true universally that no sin of another, committed upon you, is to be imputed to you, if, being able to avoid it by a lighter sin of your own, you do it not; or whether there be an exception of all bodily defilement. No man says that a person is defiled by being murdered, or cast into prison, or bound in chains, or scourged, or afflicted with other tortures and pains, or proscribed and made to suffer most grievous losses even to utter nakedness, or stripped of honors, and subjected to great disgrace by reproaches of whatsoever kind; whatever of all these a man may have unjustly suffered, no man is so senseless as to say that he is thereby defiled. But if he have filth poured all over him, or poured into his mouth, or crammed into him, or if he be carnally used like a woman; then almost all men regard him with a feeling of horror, and they call him defiled and unclean. One must conclude then that the sins of others, be they what they may, those always excepted which defile him on whom they are committed, a man must not seek to avoid by sin of his own, either for himself or for any other, but rather he must put up with them, and suffer bravely; and if by no sins of his own he ought to avoid them, therefore not by a lie: but those which by being committed upon a man do make him unclean, these we are bound to avoid even by sinning ourselves; and for this reason those things are not to be called sins, which are done for the purpose of avoiding that uncleanness. For whatever is done, in consideration that the not doing it were just cause of blame, that thing is not sin. Upon the same principle, neither is that to be called uncleanness when there is no way of avoiding it; for even in that extremity he who suffers it has what he may do aright, namely, patiently bear what he cannot avoid. Now no man while acting aright can be defiled by any corporal contagion. For the unclean in the sight of God is every one who is unrighteous; clean therefore is every one who is righteous; if not in the sight of men, yet in the sight of God, Who judges without error. Nay, even in the act of suffering that defilement with power given of avoiding it, it is not by the mere contact that the man is defiled; but by the sin of refusing to avoid it when he might. For that would be no sin, whatever might be done for the avoiding of it. Whoever therefore, for the avoiding of it, shall tell a lie, sins not.”

That’s why your previous article is the more thoughtful one (the value of conscience in pre- vs post- lapsarian man). Of course, it may be that I misunderstood that article, as well.

Posted by Tom R on Thursday, Jul 14, 2011 7:49 PM (EDT):

The point, I thought, was this:
Lying is always intrinsically disordered. (No doubt - it’s in the catechism). You can play the “but it’s not a lie game because I’m going to invoke the intent to deceive card, and say that was not my primary intent.” That argument, although having some technical merit, is pretty shaky, though, because it seems to avoid any real definition of the word lie.

On the other hand, you can say that since the fall of Adam, humans can put other humans into situations where any action they take is, at face value, sinful. That is why I believe one can provide false signification to the Nazi at the door. You either lie, or actively participate in murder, and, make no mistake, silence would constitute active participation.

The Live Action case, I can’t really make a call on. I don’t know these people. I do know that my conscience, as it is currently informed, would not allow me to participate in that form of deception, as I believe there were truthful means of eliciting the same information.

Posted by Janet E. Smith on Thursday, Jul 14, 2011 8:19 PM (EDT):

Tom, Section 15 of De Mendacio is what got me in trouble.  There Augustine is just exploring a possible argument in behalf of some lies.  He puts forth his own position in sections 41 and 42.  There he holds to his strong condemnation of all lying for all purposes.                My article in First Things “Fig Leaves and Falsehoods” (http://www.firstthings.com/article/2011/05/fig-leaves-and-falsehoods)and this one have two different purposes. Here I try to make the case that the Church does not have a settled position on whether all falsehoods are lies. (I don’t think my error vitiates that claim thought it does invalidate one piece of evidence).                            In “Fig Leaves and Falsehoods” I try to make the argument that the Church should approve some falsehoods given the realities of a postlapsarian world, that I think it takes into account when permitting taking property that belongs to another in some circumstances and when permitting self defense in some circumstances. In those cases the Church is not consequentialist or practicing situation ethics; it does not say one can do evil because greater good results or one can do evil in some situations but it holds that one is not doing evil in those situations.  One is behaving justly; one is acting in accord with right order, with the purpose of property and the inviolability of life. I think those who tell falsehoods in some situations are not violating the purpose of language.                                        Again, I think not all falsehoods are lies, just as not all killing is murder or all taking of the property of others is stealing.

Posted by Tom R on Thursday, Jul 14, 2011 8:44 PM (EDT):

We’re in agreement - I just think this piece isn’t as strong as “Fig Leaves and Falsehoods,” for reasons I’ve already cited. By the way, I was referred to “Fig Leaves and Falsehoods” by Archbishop Carlson. Prior to that, I had been extremely troubled by the issue.

Posted by Tom R on Friday, Jul 15, 2011 10:35 AM (EDT):

By the way, from de mendacio 42:

“There must be no lying of the third sort; because we are not to consult any man’s good to the injury of another. “

That would seem to be a self contradictory statement in the Nazi at the door scenario. The only way to interpret that one in light of Augustine’s conclusion is that the injury of the lie to the Nazi is more heinous than the injury perpetrated by the Nazi to the Jew. Is this a Latin translation issue? Also, does this say that Augustine says that we may, as men, make judgment about whether or not other men, who may not believe as we do (eg Jews), live or die? Leaving a human generated situation in “God’s hands” when God clearly did not will the situation (unless you believe that God wills evil, as in the Nazi at the door scenario), is participation in the evil of that situation. God did not will it, and you are, in effect, standing idly by, which Augustine also condemns. Something is amiss, here, and I don’t pretend to know the answer.

Posted by Ryan on Friday, Jul 15, 2011 11:51 PM (EDT):

Can someone please shed some light on the phrase “large nose under the tent”? Googling it turns up Dr. Smith’s article as the first result(!), and googling the truncated “nose under the tent” brings up references to “Camel’s Nose”, which I suspect is related? http://en.wikipedia.org/wiki/Camel’s_nose  Thanks to anyone who can help clarify, and thanks to Dr. Smith for the excellent article!

Posted by Adrienne on Tuesday, Jul 19, 2011 7:27 PM (EDT):

So you are now changing the definitions of falsehood and lies? Isn’t this more like liable and slander?
I have no problem with lying to defend your life, virtue, etc. If I published pictures of you with supposed prostitutes and pimps in a false context, would you accept that I was lying in defense of my principles? Or would you sue me and possibly take legal action?

Stop using your bible as an excuse to be a lying hypocrite.

“We tell lies when we are afraid… afraid of what we don’t know, afraid of what others will think, afraid of what will be found out about us. But every time we tell a lie, the thing that we fear grows stronger.”—Williams Tad

Posted by Adrienne on Wednesday, Jul 20, 2011 6:30 AM (EDT):

Sorry for the typo—I mean the situation is libel and slander. I seem to remember an old book that is very important to some people where the main character said people were not to bare false witness…

Posted by Paul on Friday, Apr 27, 2012 1:59 PM (EDT):

YOUCAT (Youth Catechism of the Catholic Church) corroborates Dr. Smith’s view that it is an open question whether it is necessarily a sin to tell a falsehood to someone who does not have a right to the truth. Question 452 asks:  “What does the Eighth Commandment require of us?”  The answer provided is:  “The Eighth Commandment teaches us not to lie.  Lying means consciously and intentionally speaking or acting against the truth.  Someone who lies deceives himself and misleads others who have a right to know the full truth of a matter….”

Posted by Paul on Friday, Apr 27, 2012 2:03 PM (EDT):

Sorry for typo:  In the first sentence the words should be “does not have a right to know the truth…”

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