Swearing Atheists?

Catholics when in court are told to swear on the bible but what do atheists swear on?


Dazed and Confused
Rockchick

WAG but I think that swearing on a bible is a holdover from english law and is merely a formality to alert the testifier that he is under oath…and that if he lies his ass will be nailed to the wall.
However I think we have lawyers on this board that could give you a much better answer.


“I’m the best there is Fats. Even if you beat me, I’m still the best.”
(Paul Newman in The Hustler)

The Bible is just a prop in the swearing-in ritual. It’s the verbal oath itself that counts (legally). I believe the Constitution has been substituted in some cases.

IIRC they no longer even use a bible. You raise your hand and swear. Also, it is legally acceptable to “affirm” rather than “swear”. (Quakers fought for that. Against their religion to swear to god. So it’s not just atheists.)

The whole concept now is you are declaring you will tell the truth, on penalty of perjury - paying fines, going to jail, getting raped in prison, etc.

IIRC they no longer even use a bible. You raise your hand and swear. Also, it is legally acceptable to “affirm” rather than “swear”. (Quakers fought for that. Against their religion to swear to god. So it’s not just atheists.)

The whole concept now is you are declaring you will tell the truth, on penalty of perjury - paying fines, going to jail, getting raped in prison, etc.

Having just suffered through jury duty once again… I was told during the swearing in ceremony, as they were passing out Bibles, that non-Christians could merely “affirm” their intention to tell the truth and uphold the law and all that crap…


Not only is the glass half empty, I think someone’s spit in it…

http://www.straightdope.com/classics/a1_145.html

And I was hoping this would be instructions on cussing for atheists.


Are you driving with your eyes open or are you using The Force? - A. Foley

“she’s been kissed as often as a police court bible - and by much the same class of people.”

-- Robertson Davies, *Fifth Business*

and the stars o’erhead were dancing heel to toe

Somewhat more seriously:

the oath presupposes a belief in a deity, and a willingness to call on that deity to witness the oath. Amongst Christians, the “English oath” is to swear on the Bible - specifically the Gospels. The stiff-necked Scots Presbyterians thought that was a form of idolatry, so their post-Reformation oath is to raise the right hand and swear the oath. For some Roman Catholics in some jurisdictions, the oath can be sworn on a crucifix.

Then there are those Christians, such as the Quakers, who believe in the deity but don’t think it right to bother the deity with their oaths. (I think they base this on the passage in the Gospels where Jesus says not to make a great show of an oath, but just make a promise.) They led the way in England for the right to affirm.

Believers of other faiths, such as Jews and Muslims, can swear the oath if it is consistent with their beliefs.

Increasingly in Canadian courts, First Nations believers swear by using traditional methods, such as a smudge and a promise to tell the truth. Believers of other religious faiths may have other, more esoteric forms of an oath. For example, some Asian religious groups break a small dish as a symbolic warning of the destructive effects of lying.

If you don’t belive, then you affirm. Technically, an affirmation isn’t available if you are a believer and an oath is acceptable to your theology, but in practice, affirmation is commonly used. For example, I’ve seen Jewish witnesses offered a Christian Bible by a court clerk. Not surprisingly, they just affirm.

I’d be interested to know more about the positions of non-Christian religions about oaths - if I’ve mis-stated anything in this post, please let me know. (As if people on these boards just sit back and let things slide…)


and the stars o’erhead were dancing heel to toe

In court, I’ve only ever been asked to “swear to tell the truth”. I don’t distinguish that from “affirm to tell the truth”. Nobody has ever asked me in court about the religion I don’t have. I mean, legally, the particular verb used doesn’t modify any issue of potential perjury, does it? Or, after lying, can I legally claim exemption from penalty of perjury because I “swore” without being religious?

Ray (Of course, I was once a member of the Boy Scouts without believing in God. I never got struck dead. . .I think. I never tried, though, to see what would happen if I were gay at that time. :wink: )

Yes, there once was a question about the validity of an atheist’s oath.

Try it in court today, though, and not only will you be found guilty of perjury, the judge will probably find your lawyer in contempt for even attempting such a lame-ass defense.


John W. Kennedy
“Compact is becoming contract; man only earns and pays.”
– Charles Williams

*ducks3: Having just suffered through jury duty once again… I was told during the swearing in ceremony, as they were passing out Bibles, that non-Christians could merely “affirm” their intention to tell the truth and uphold the law and all that crap… *

How’ve you been called for jury duty multiple times? I’ve been a registered voter for 17 years, and I’ve never been called.


Wrong thinking is punished, right thinking is just as swiftly rewarded. You’ll find it an effective combination.

Meaning, next time I’m called in court, I can bring a saucer and shatter it as proof of my honesty? Which Asian religious group? I’d like to try this sometime.

Cecil said:

Funny you should mention that. You’d better have pains and penalties of perjury, because the wrath of a vengeful Almighty obviously is not enough to convince an atheist of anything. :slight_smile:

Then there’s the lady who thought that when you swear “so help me god” you’re asking god to help you be truthful, not invoking god’s wrath if you do lie.

I got a ticket a while back, and made arrangements for defensive driving. Part of the process was swearing that you weren’t already taking DD for a previous offense that wasn’t listed yet. The paragraph the clerk asked me to swear had “so help me God” at the end. When she asked me if I swore, I said “Everything but that last part.” She said that was good enough.

Arnold,

it’s not necessarily a proof of your honesty, any more than an oath necessarily proves your honesty. It is the symbolic sign that this person swears to tell the truth, just as placing a hand on the Bible is the way some Christians show that they are swearing to tell the truth. And once the person does it, he or she is under oath in the same way as a Christian who swears on the Bible.

Not just anyone can use this method - you have to explain to the court that in your faith, this is the way to show that you are swearing an oath. Just as swearing on the Gospels would be meaningless for a Jewish person, unless you belonged to this religious persuasion, it would be meaningless for you. If the judge were to call you on it, you may have to give more detail.

If you aren’t truly of the religious belief in question, but tell the Court that this is the way you swear an oath in your religious faith, then you’re likely making false statements to the Court, albeit not sworn. That could amount to obstruction of justice. I would not recommend going down this road just for fun.

Oh, in answer to your qustion, I think, but am not sure, that this ritual oath is used by some Chinese Buddhists.


and the stars o’erhead were dancing heel to toe