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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Oath

Constantinos Kombos, Athena Herodotou, Stamatina Stergiou

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 18 May 2022

Subject(s):
Justice — Legitimacy — Constitutional mention of God or other deities — Comparative constitutional law

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 According to White, ‘[o]aths have been found wherever human society exists’; thus, it is safe to say that ‘“swearing”’ in some form is a natural and universal custom’ (at 378). The universal use of oaths in a legal context has been attributed to two conflicting factors: first, their close connection to human’s natural predisposition for truth, as a transcendent value and a personal virtue, and second the misdirected and egoistic self-interest that is sometimes opposed to the truth (Milhizer 4–5). The matter has been eloquently described by St Thomas Aquinas when...
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