CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, September 13, 2018

Solan on Lies, Deceit, and Bullshit

Solan lawrenceLawrence M. Solan (Brooklyn Law School) has posted Lies, Deceit, and Bullshit in Law (Duquesne University Law Review, Vol. 56, p. 73, 2018) on SSRN. Here is the abstract:
The law purports to disapprove of dishonesty. But not all species of dishonesty are created equal, and not all contexts are equivalent when it comes to the law’s intolerance of dishonest conduct. This article distinguishes among three types of dishonesty: lies, deceit, and bullshit. Lying is a statement that the speaker projects as true, while believing it to be false. Deceit depends on altering the hearer’s state of mind to believe something the speaker believes to be false, regardless of whether the deceitful statement is true or false. Bullshit, following the work of philosopher Harry Frankfurt, is a statement made without regard to its truth or falsity. The article touches on such areas of law as perjury, making false statements to government agents, fraud, pleading requirements, as well as political speech.

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