October 26, 2025
By Stephen Stofka
In a courtroom, a witness takes an oath to tell the truth, the whole truth and nothing but the truth. Can a person tell the whole truth? What is the whole truth? Since the Middle Ages, the courtroom oath has many versions in English common law (Source). The whole truth meant that a witness would not leave out some contextual fact that would alter the significance of the facts they had presented. In a 1973 Supreme Court case, Bronston v United States, the court held that a witness could not be accused of perjury for an omission (Source). Lawyers have the responsibility to question the witness to clear up any suspected omission of fact in their testimony. Despite the wording of the oath, a non-expert witness states descriptions of events, or personal observations, but not the truth.
This week I want to investigate two axes, truth and power and their interaction, which is justice. In response to questions, a witness tells a series of descriptions. Each member of the jury, and all those in the courtroom form several conclusions based on those descriptions. But conclusions are not truth. There has to be a connection between us and that set of descriptions to arrive at truth. Facts and descriptions are objective, something that some people can agree on. Truth is personal. We feel the truth.
The Declaration of Independence states that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Source). While Jefferson is often credited with the sentiments expressed, he said he was only writing down what others at the 1776 convention had agreed on. In her book These Truths, historian Jill Lepore (2018, p. xv) writes that Jefferson’s first draft read “We hold these truths to be sacred and undeniable,” implying that these truths were God-given. Benjamin Franklin scratched out the words that Jefferson wrote and wrote “self-evident” to convey a more secular meaning.
The Declaration, written in 1776, was designed to win sympathy and material support from other European nations. The truths expressed were aspirational. The Constitution, written 11 years later, was operational. The first ten amendments, the Bill of Rights, guarantees neither life, liberty nor the pursuit of happiness. The Fifth Amendment simply prohibits the federal government from taking one’s life, liberty or property in a criminal case without due process of law. The Fifth contains protections, not rights. A person who had neither liberty nor property had nothing to take. The federal government had no obligation to provide for any of these rights declared in the Declaration. After the Civil War, the Fourteenth Amendment extended these prohibitions to the states (Source).
Are the truths of the Declaration like postulates? A postulate is a claim that forms the basis for further reasoning. In Euclid’s system of geometry, the second postulate states that a line can be extended indefinitely (Source). From that we reason that there are an infinite number of points on a line. A postulate is not a truth. It is not even a fact. It is a convenient claim, a foundational pillar of consensus.
When we argue the truth of our claims, we often treat our beliefs as postulates, and our arguments are logically developed from our postulates. Is a statement of belief a truth? We often label such statements as truths. We may wield a belief as though it were Excalibur, the Sword of Truth. Our beliefs are valid and important. If your beliefs don’t agree with mine, your beliefs are wrong. I may explain the error of your thinking so you can correct your beliefs and live a long and fruitful life. Fat chance, you say.
There are supernatural truths, those that are revealed in the Bible, the Koran or other sacred texts. Believers claim that the words in this books originated in some manner from outside the natural world. Thomas Aquinas was a Catholic priest who tried to reconcile the works of the Greek philosopher Aristotle with the traditions and tenets of the Catholic faith. He introduced natural theology, a philosophical approach which arrived at truths by observing the natural world (Source). Although Aquinas did not use the term moral compass, his believed that all of us have a natural good, an innate sense of what is right because we are products of a perfect God (Source).
Is our moral sense innate? It’s the nature vs nurture argument. How much is nature? How much is nurture? Developmental psychologists have largely concluded that it is both but disagree on the influence of each on our moral development (Limone and Toto, 2022). Natural selection has favored individuals who are more able to cooperate within a social group. Even small children exhibit a sense of right and wrong. As each individual grows, we develop a more complex morality because our biology enables us to incorporate the lessons of our social environment. These truths as we know them shape our moral sense, which influences our sense of justice.
Justice is the intersection of truth, morality and power. We see the injustice in others, but not in our own actions. We see the mote in our brother’s eye but not the beam in our own eye, as the Bible says. Those who are in a dominant social group see the flaws in a minority group as a justification for their dominance. The notion of “speaking truth to power” originates with a 1942 letter from Bayard Rustin about social justice. The phrase became the title of a 1955 Quaker treatise on pacifism (Source). The notion implies that the speaker has less power, for power can be its own truth. Political power is the imposition of a set of truths on a people. In a democratic or republican ideal, the people or their representatives help shape the truths of power. In an autocracy, the ruling elite impose their own beliefs and rules on the people they govern.
The law does not resolve the tension between morality and power, for there are many unjust laws. We can not agree on what is a just and unjust law because each of us has a unique sense of morality. Even if we do have similar beliefs and experiences, we synthesize them differently. In a raw “state of nature,” as the 17th century philosopher Thomas Hobbes called it, there is no authority or government. Each individual or small group acts in it own self-interest and for its own survival, much like the animal kingdom. Hobbes called it a “war of all against all.” Power becomes its own truth, a truth that cannot endure because power does not endure. In human societies, we surrender some of our freedom to a governing authority in exchange for some sense of security. Hobbes’ arguments were meant to justify autocratic rule, but liberal philosophers like John Locke adapted those arguments to support democratic rule.
Hobbes “state of nature” is very much present in international relations, a system of anarchy where no country submits to a higher authority. The subject requires more space that I can give here. There are two main theories, realist and liberal. Realists emphasize the competition for survival similar to Hobbes viewpoint. Powerful nations like China and the United States Nations try to dominate their regional sphere of influence. Nations cooperate when it is their self-interest and to balance threats to their interests. For a minor country, alliances and diplomacy are the chief tools of survival. If they possess nuclear weapons, they are like a porcupine. For a powerful nation like the United States, there is no enforcement of international rules.
The liberal theory stresses interdependence between countries. International organizations like the UN and the World Trade Organization provide a framework, a set of rules for cooperation between states. These institutions can overcome the inherent anarchy of international relations. The liberal theory has a much more optimistic view of human nature.
Human beings long for eternal truths, something that is always true like two plus two equals four. We long for a lasting security as well. The first casualty of war is truth, the aphorism goes. The second casualty might be justice. We dream of a world where states negotiate and compromise rather than fight. Hidden among the many truths of our lives is a desire for peace.
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Breyer, S. G. (2025). Reading the Constitution: Why I chose pragmatism, not textualism. Simon & Schuster.
Lepore, J. (2018). These truths: A history of the United States (First edition). W. W. Norton & Company.
Limone, P., & Toto, G. A. (2022). Origin and development of moral sense: A systematic review. Frontiers in Psychology, 13, Article 887537. https://doi.org/10.3389/fpsyg.2022.887537