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Frederick Schauer

University of Virginia School of Law

Richard J. Zeckhauser

Harvard University - Harvard Kennedy School (HKS); National Bureau of Economic Research (NBER)

February 2007

KSG Working Paper No. RWP07-006

A lie involves three elements: deceptive intent, an inaccurate message, and a harmful effect. When only one or two of these elements is present we do not call the activity lying, even when the practice is no less morally questionable or socially detrimental. This essay explores this area of "less-than-lying," in particular intentionally deceptive practices such as fudging, twisting, shading, bending, stretching, slanting, exaggerating, distorting, whitewashing, and selective reporting. Such deceptive practices are occasionally called "paltering," which the American Heritage Dictionary defines as acting insincerely or misleadingly.

The analysis assesses the motivations for, effective modes of, and possible remedies against paltering. It considers the strategic interaction between those who palter and those who interpret messages, with both sides adjusting their strategies to account for the general frequency of misleading messages. The moral standing of paltering is discussed. So too are reputational mechanisms - such as gossip - that might discourage its use.

Paltering frequently produces consequences as harmful to others as lying. But while lying has been studied throughout the ages, with penalties prescribed by authorities ranging from parents to philosophers, paltering - despite being widespread - has received little systematic study, and penalties for it even less. Given the subtleties of paltering, it is often difficult to detect or troubling to punish, implying that it is also hard to deter. This suggests that when harmful paltering is established, the sanctions against it should be at least as stiff as those against lying.

Number of Pages in PDF File: 23

Keywords: Advocacy and Persuasion, Ethics/Political Philosophy, Law and Legal Institutions, Press and Public Policy, Regulation

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Date posted: February 6, 2007  

Suggested Citation

Schauer, Frederick and Zeckhauser, Richard J., Paltering (February 2007). KSG Working Paper No. RWP07-006. Available at SSRN: https://ssrn.com/abstract=832634 or http://dx.doi.org/10.2139/ssrn.832634

Contact Information

Frederick Schauer (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
434-924-6777 (Phone)

Richard J. Zeckhauser
National Bureau of Economic Research (NBER) ( email )
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
617-495-1174 (Phone)
617-496-3783 (Fax)
Harvard University - Harvard Kennedy School (HKS) ( email )
79 John F. Kennedy Street
Cambridge, MA 02138
United States
617-495-1174 (Phone)
617-384-9340 (Fax)
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