Law and Lies
Deception and Truth-Telling in the American Legal System

This is the first book to thematically investigate lying in the American legal system.

Austin Sarat (Edited by)

9781107108783, Cambridge University Press

Hardback, published 20 July 2015

344 pages
23.5 x 16 x 2.4 cm, 0.65 kg

'Austin Sarat brings together an impressive mix of scholars to discuss the connection between law and lies in the American Legal System. … the book is timely because it gives a hint of how lies found themselves a prominent space in the American Legal System and by extension other countries that copy the U.S. bit-by-bit … This makes the book a compelling read, as it shows that lies found themselves deliberately into politics and governance by act of design; this is because 'more often the law looks the other way' in order to allow certain objectives to be achieved.' Kawu Bala, Criminal Law and Criminal Justice Books (clcjbooks.rutgers.edu)

Law has a strangely complicated relationship to deception. Though it sometimes takes a hard line on behalf of truth - 'the truth, the whole truth, and nothing but the truth' - competing values often cause law to look the other way. How and why is lying alternately accepted, condemned, or prosecuted? What are the government's interests in allowing or disallowing lying? Law and Lies is the first book to thematically address the role of lying in the American legal system. Undercover police agents are permitted to lie in the name of catching criminals, and government officials are permitted to lie in service of national security. In the case of the military's 'Don't ask, don't tell' policy, lying was not only permitted, but actively encouraged. A range of illuminating case studies reveal that the government's tolerance of deception is rarely as simple as the 'whole truth'.

Introduction Austin Sarat
1. Where the law lies: constitutional fictions and their discontents Mary Anne Franks
2. The artifice of advocacy: perjury and participation in the American adversary system Norman W. Spaulding
3. Lies to manipulate, misappropriate, and acquire governmental power Helen Norton
4. Lies, rape, and statutory rape Stuart P. Green
5. Law and the production of deceit William N. Eskridge, Jr
Afterword: law, lies, and law schools Montre Carodine.

Subject Areas: Law & society [LAQ], Law [L]