alt Hacker News> This is the kind of implicit lying that seems pervasive today and I am so tired of it.
I am so tired of it, too. Toying with the legal boundary of lying in communication is pathological, maybe even sociopathic.
Everyone knows when someone is doing it, too. We just don’t have the means to punish it, even in the courts.
The whole “I won’t get punished so I’m doing all the immoral things” habit is foul to begin with. I don’t know how, but I hope our society can get over it. As things stand, there is no way to outlaw being an asshole.
There are glimmers of hope - like Wales trying to ban lying in politics. But of course, the punishment has to be proportional to the offense, not just a slap on the wrist.
If I wanted to take things to an extreme, I'd ask why laws even need to be so specific about which offenses lead to which punishments and which offenses are even punishable in the first place (the "what is not forbidden is allowed" principle).
In theory, you could cover them more generally by saying that any time someone intentionally causes harm to others (without a valid reason), he will be caused proportional harm in return. Then all you need is a conversion table to prison time, fines, etc.
With lying, all you would need to prove is that the person lied intentionally and quantify the expected harm which would have been caused if the lie was successful (regardless if it actually was or not - intent is what matters).
As a bonus, it would force everyone to acknowledge the full amount of harm caused. For example, rape usually leads to lifelong consequences for the victim but not the attacker. In this system, such inconsistency, some would call it injustice, would be obvious and it would be much easier for anyone to call for rectification.