Maxim 9.2.7
A foolish oath, though false, does not amount to perjury.
Stultum juramentum, licet falsum, tamen non committit perjurium.
Source: 2 Inst. 167; Weisman, 84g
Difficulty 3/5 — Intermediate
Explanation
Where an oath is so vague, absurd, or impossible that it cannot affect the matter at issue, its falsity does not constitute the crime of perjury — the substance, not the form, determines the offense.
Where this applies
- Someone made a silly or absurd oath that turned out to be false — is that perjury.
- A sworn statement was about something so trivial or impossible it couldn't affect anything.
- The false statement under oath was so vague it didn't really matter to the case.
See also
Cite this maxim
NeCede Max. 9.2.7 — A foolish oath, though false, does not amount to perjury. — 2 Inst. 167; Weisman, 84g (Stultum juramentum, licet falsum, tamen non committit perjurium.)
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