Are Lying and Perjury Dual Character Concepts?

Abstract To commit perjury, you have to say something you believe to be false, not merely suggest it. The paper presents a novel explanation for the divergence between the folk and the legal concept of lying, labeled perjury. Two experiments indicate that lying is a dual character concept: it has concrete criteria of application (saying something you believe to be false) and deeper, more abstract criteria of application, such as the intent to mislead the hearer and extract an unfair advantage. This paper argues that the technical, legal understanding of lying, labeled perjury, is not an entirely new concept that lawyers have to learn in law school. It then proposes new jury instructions that would ensure that lay juries can ascribe perjury in line with the technical definition, rather than with the folk concept of a lie, which could lead to overcriminalization.

Authors

Institutions

Publication Details

Journal
Law and Philosophy
Published
2026-02-02
DOI
https://doi.org/10.1007/s10982-025-09552-5
Primary Topic
Jury Decision Making Processes
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Are Lying and Perjury Dual Character Concepts?

Izabela Skoczeń
Law and Philosophy
Jury Decision Making Processes
article

Are Lying and Perjury Dual Character Concepts?

Izabela Skoczeń
article en

Abstract

Abstract To commit perjury, you have to say something you believe to be false, not merely suggest it. The paper presents a novel explanation for the divergence between the folk and the legal concept of lying, labeled perjury. Two experiments indicate that lying is a dual character concept: it has concrete criteria of application (saying something you believe to be false) and deeper, more abstract criteria of application, such as the intent to mislead the hearer and extract an unfair advantage. This paper argues that the technical, legal understanding of lying, labeled perjury, is not an entirely new concept that lawyers have to learn in law school. It then proposes new jury instructions that would ensure that lay juries can ascribe perjury in line with the technical definition, rather than with the folk concept of a lie, which could lead to overcriminalization.

Law and Philosophy
Jagiellonian University (PL)
Reduced inequalities, Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Jury Decision Making Processes
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.