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Bad faith (
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
: ''mala fides'') is a sustained form of
deception Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight o ...
which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve
intentional Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...
deceit of others, or
self-deception Self-deception is a process of denying or rationalizing away the relevance, significance, or importance of opposing evidence and logical argument. Self-deception involves convincing oneself of a truth (or lack of truth) so that one does not rev ...
. Some examples of bad faith include: Soldiers waving a
white flag White flags have had different meanings throughout history and depending on the locale. Contemporary use The white flag is an internationally recognized protective sign of truce or ceasefire, and for negotiation. It is also used to symbolize ...
and then firing when their enemy approaches to take prisoners (cf.
perfidy In the context of war, perfidy is a form of deception in which one side promises to act in good faith (such as by raising a flag of truce) with the intention of breaking that promise once the unsuspecting enemy is exposed (such as by coming out ...
); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice

a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a claim. In philosophy, after
Jean-Paul Sartre Jean-Paul Charles Aymard Sartre (, ; ; 21 June 1905 – 15 April 1980) was one of the key figures in the philosophy of existentialism (and phenomenology), a French playwright, novelist, screenwriter, political activist, biographer, and lite ...
's analysis of the concepts of self-deception and bad faith, the latter concept has been examined in specialized fields as it pertains to self-deception as two semi-independently acting minds within one mind, with one deceiving the other. Bad faith may be viewed in some cases to not involve deception, as in some kinds of
hypochondria Hypochondriasis or hypochondria is a condition in which a person is excessively and unduly worried about having a serious illness. An old concept, the meaning of hypochondria has repeatedly changed. It has been claimed that this debilitating cond ...
with actual physical manifestations. There is a question about the truth or falsity of statements made in bad faith self-deception; for example, if a hypochondriac makes a complaint about their psychosomatic condition, is it true or false? Bad faith has been used as a term of art in diverse areas involving
feminism Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
,
racial supremacism Supremacism is the belief that a certain group of people is superior to all others. The supposed superior people can be defined by age, gender, race, ethnicity, religion, sexual orientation, language, social class, ideology, nation, culture, ...
, political negotiation,Definition o
"bad faith"
example of use - "the Republicans accused the Democrats of negotiating in bad faith", ''Oxford Online Dictionary''
insurance claims processing Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
, intentionality,
ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concer ...
,
existentialism Existentialism ( ) is a form of philosophical inquiry that explores the problem of human existence and centers on human thinking, feeling, and acting. Existentialist thinkers frequently explore issues related to the meaning, purpose, and val ...
,
climate change denial Climate change denial, or global warming denial, is denial, dismissal, or doubt that contradicts the scientific consensus on climate change, including the extent to which it is caused by humans, its effects on nature and human society, or t ...
, and the law.


Definition

In the book ''
Being and Nothingness ''Being and Nothingness: An Essay on Phenomenological Ontology'' (french: L'Être et le néant : Essai d'ontologie phénoménologique), sometimes published with the subtitle ''A Phenomenological Essay on Ontology'', is a 1943 book by the philosoph ...
'' (1943), the philosopher
Jean-Paul Sartre Jean-Paul Charles Aymard Sartre (, ; ; 21 June 1905 – 15 April 1980) was one of the key figures in the philosophy of existentialism (and phenomenology), a French playwright, novelist, screenwriter, political activist, biographer, and lite ...
defined ''bad faith'' (Fr. ''mauvaise foi'') as the action of a person hiding the truth from him- or herself.''Being and Nothingness'', Sartre, Jean-Paul That "the one to whom the lie is told and the one who lies are one and the same person, which means that I must know the truth, in my capacity as hedeceiver, though he truthis hidden from me in my capacity as the one deceived"; thus, in the praxis of bad faith, "I must know that truth very precisely, in order to hide it from myself the more carefully — and this not at two different moments of temporality. . . ." A person choosing self-deception is the fundamental question about bad faith: What makes self-deception possible? For a liar to successfully deceive the victim, the liar must know that the lie is a falsehood. In order to be successfully deceived, the victim must believe the lie to be true. When a person acts in bad faith, that person is both the liar and the victim of the lie. The contradiction in that a person in bad faith self-deception believes something to be true and false at the same time.Self Deception and Bad Faith, ''Perspectives on Self Deception'', Brian P. McLaughlin ed., Alan W. Wood, pp. 207–227 People hold false beliefs despite being aware that their false beliefs are contradicted by the facts of external reality; thus those beliefs are held in bad faith towards one's Self.


In theology

In the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus ...
, double-mindedness appears as a metaphor for literally incorrect religious faith. Various commentators and translators have discussed being of two
beliefs A belief is an attitude that something is the case, or that some proposition is true. In epistemology, philosophers use the term "belief" to refer to attitudes about the world which can be either true or false. To believe something is to take i ...
or
faiths Faith, derived from Latin ''fides'' and Old French ''feid'', is confidence or trust in a person, thing, or In the context of religion, one can define faith as "belief in God or in the doctrines or teachings of religion". Religious people often ...
as being double hearted or double minded. ''Webster's Dictionary'' equates bad faith with "being of two hearts". "Double hearted" is also translated as "double minded", or as being "of two hearts", "of two minds" or souls, of two attitudes, of two loyalties, of two thinkings, of two beliefs, or of two souls at the same time. The
Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
'' New Testament The New Testament grc, Ἡ Καινὴ Διαθήκη, transl. ; la, Novum Testamentum. (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus, as well as events in first-century Chris ...
Epistle An epistle (; el, ἐπιστολή, ''epistolē,'' "letter") is a writing directed or sent to a person or group of people, usually an elegant and formal didactic letter. The epistle genre of letter-writing was common in ancient Egypt as par ...
s admonish religious believers not to be double minded. In Psalms 119:113, one translation is "I hate double-minded men, but I love your law." The
New Living Translation The New Living Translation (NLT) is an English translation of the Bible. The origin of the NLT came from a project aiming to revise '' The Living Bible'' (TLB). This effort eventually led to the creation of the NLT—a new translation separat ...
emphasises divided loyalty translating the passage as "I hate those with divided loyalties, but I love your instructions." The
Epistle of James The Epistle of James). is a general epistle and one of the 21 epistles ( didactic letters) in the New Testament. James 1:1 identifies the author as "James, a servant of God and of the Lord Jesus Christ" who is writing to "the twelve tribe ...
warns against trusting a person that "perpetually disagrees with ''himself''". "Taking the Lord's name in vain", bad faith justifies actions known to be wrong by claiming a direction from God or religious authority to take unethical positions or espouse untrue beliefs, when a person ''should'' know otherwise. Commenting on double mindedness in James 1 and its relation to
hypocrisy Hypocrisy is the practice of engaging in the same behavior or activity for which one criticizes another or the practice of claiming to have moral standards or beliefs to which one's own behavior does not conform. In moral psychology, it is the ...
in Matthew 6:22, Jamieson-Fausset-Brown Bible Commentary says "double-minded-literally, 'double-souled', the one soul directed towards God, the other to something else ... It is not a hypocrite that is meant, but a fickle, 'wavering' man, as the context shows". Alford's translation of the Bible uses the ancient Greek literature's "waverer" to express "double minded". In James 1:8, it denotes instability of a cognitive
attitude Attitude may refer to: Philosophy and psychology * Attitude (psychology), an individual's predisposed state of mind regarding a value * Metaphysics of presence * Propositional attitude, a relational mental state connecting a person to a propo ...
, "he is a double-minded man, unstable in attitude". In the God's Word Translation, "a person who has doubts is thinking about two different things at the same time and can't make up his mind about anything".
Young's Literal Translation Young's Literal Translation (YLT) is a translation of the Bible into English, published in 1862. The translation was made by Robert Young, compiler of '' Young's Analytical Concordance to the Bible'' and ''Concise Critical Comments on the New T ...
translates this as being "two souled". In Clarke's Commentary on the Bible, a double-minded man is one of two souls in that one is for earth, and the other for heaven, wishing to secure both worlds at once. Gill's exposition of the Bible refers to asking for one thing and meaning another, honoring in word but not in heart, confused in the mind.
Clarke's commentary on the Bible This is an outline of commentaries and commentators. Discussed are the salient points of Jewish, patristic, medieval, and modern commentaries on the Bible. The article includes discussion of the Targums, Mishna, and Talmuds, which are not regarded ...
commented on Deuteronomy 26:17 and
Jewish theology Jewish philosophy () includes all philosophy carried out by Jews, or in relation to the religion of Judaism. Until modern '' Haskalah'' (Jewish Enlightenment) and Jewish emancipation, Jewish philosophy was preoccupied with attempts to reconcil ...
regarding being double hearted, in that Rabbi Tanchum (fol. 84) remarked, "Behold, the Scripture exhorts the Israelites, and tells them when they pray, that they should not have two hearts, one for the holy blessed God, and one for something else." Clarke comments that "James refers to those Jews who were endeavoring to incorporate the law with the Gospel, who were divided in their minds and affections, not willing to give up the Levitical rites, and yet unwilling to renounce the Gospel. Such persons could make no progress in Divine things." The
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
does not consider everyone with heretical views to have bad faith: for example, people who earnestly seek the truth and lead exemplary lives.


In philosophy, psychology, and psychoanalysis


Freudian psychoanalysis

Freudian psychoanalysis answers how bad faith self-deception is made possible by postulating an unconscious dimension of our being that is amoral, whereas the
conscious Consciousness, at its simplest, is sentience and awareness of internal and external existence. However, the lack of definitions has led to millennia of analyses, explanations and debates by philosophers, theologians, linguisticians, and scien ...
is in fact regulated by morality, law, and custom, accomplished by what Freud calls repression."Self Deception and Bad Faith", Perspectives on Self Deception, Brian P. McLaughlin ed., Alan W. Wood, pp. 207-227 The true desires of the unconscious express themselves as wish fulfillment in dreams, or as an ethical position unconsciously taken to satisfy the wishes of the unconscious mind.


Ethics, phenomenology, existentialism

Bad faith wish fulfillment is central to the ethics of belief, which discusses questions at the intersection of
epistemology Epistemology (; ), or the theory of knowledge, is the branch of philosophy concerned with knowledge. Epistemology is considered a major subfield of philosophy, along with other major subfields such as ethics, logic, and metaphysics. Epi ...
,
philosophy of mind Philosophy of mind is a branch of philosophy that studies the ontology and nature of the mind and its relationship with the body. The mind–body problem is a paradigmatic issue in philosophy of mind, although a number of other issues are add ...
,
psychology Psychology is the science, scientific study of mind and behavior. Psychology includes the study of consciousness, conscious and Unconscious mind, unconscious phenomena, including feelings and thoughts. It is an academic discipline of immens ...
, Freudian
psychoanalysis PsychoanalysisFrom Greek: + . is a set of theories and therapeutic techniques"What is psychoanalysis? Of course, one is supposed to answer that it is many things — a theory, a research method, a therapy, a body of knowledge. In what might ...
, and
ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concer ...
. A person who is not lying to himself is
authentic Authenticity or authentic may refer to: * Authentication, the act of confirming the truth of an attribute Arts and entertainment * Authenticity in art, ways in which a work of art or an artistic performance may be considered authentic Music * A ...
. "Authenticity" is being faithful to internal rather than external ideas. Bad faith in ethics may be when an unethical position is taken as ethical, and justified by appeal to being forced to that belief as an excuse, e.g., by God or by that person's natural disposition due to genetics, even though facts disconfirm that belief and
honesty Honesty or truthfulness is a facet of moral character that connotes positive and virtuous attributes such as integrity, truthfulness, straightforwardness, including straightforwardness of conduct, along with the absence of lying, cheating, th ...
would require it.
Phenomenology Phenomenology may refer to: Art * Phenomenology (architecture), based on the experience of building materials and their sensory properties Philosophy * Phenomenology (philosophy), a branch of philosophy which studies subjective experiences and a ...
plays a role leading to discussions of bad faith. It has a role in ethics by an analysis of the structure of
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and wi ...
, valuing, happiness, and care for others (in
empathy Empathy is the capacity to understand or feel what another person is experiencing from within their frame of reference, that is, the capacity to place oneself in another's position. Definitions of empathy encompass a broad range of social, co ...
and
sympathy Sympathy is the perception of, understanding of, and reaction to the distress or need of another life form. According to David Hume, this sympathetic concern is driven by a switch in viewpoint from a personal perspective to the perspective of an ...
). Phenomenologist
Heidegger Martin Heidegger (; ; 26 September 188926 May 1976) was a German philosopher who is best known for contributions to phenomenology, hermeneutics, and existentialism. He is among the most important and influential philosophers of the 20th centur ...
discussed care,
conscience Conscience is a cognitive process that elicits emotion and rational associations based on an individual's moral philosophy or value system. Conscience stands in contrast to elicited emotion or thought due to associations based on immediate sens ...
, and guilt, moving to "authenticity", which in turn led to the
feminism Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
of
Simone de Beauvoir Simone Lucie Ernestine Marie Bertrand de Beauvoir (, ; ; 9 January 1908 – 14 April 1986) was a French existentialist philosopher, writer, social theorist, and feminist activist. Though she did not consider herself a philosopher, and even ...
and the
existentialism Existentialism ( ) is a form of philosophical inquiry that explores the problem of human existence and centers on human thinking, feeling, and acting. Existentialist thinkers frequently explore issues related to the meaning, purpose, and val ...
of
Jean-Paul Sartre Jean-Paul Charles Aymard Sartre (, ; ; 21 June 1905 – 15 April 1980) was one of the key figures in the philosophy of existentialism (and phenomenology), a French playwright, novelist, screenwriter, political activist, biographer, and lite ...
, both based on phenomenology's considerations of authenticity and its role in bad faith. Sartre analyzed the logical problem of "bad faith" as it relates to authenticity, and developed an ontology of value as produced by willing in
good faith In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...
. Jean-Paul Sartre and Simone de Beauvoir developed ideas about bad faith into existentialism, using the concepts of bad faith and "authenticity" in the ethics of belief. In ''
Being and Nothingness ''Being and Nothingness: An Essay on Phenomenological Ontology'' (french: L'Être et le néant : Essai d'ontologie phénoménologique), sometimes published with the subtitle ''A Phenomenological Essay on Ontology'', is a 1943 book by the philosoph ...
'', Sartre begins his discussion of bad faith by raising the question of how bad faith self-delusion is possible. Sartre calls "bad faith" a kind of project of self-deception. In order to produce excuses, bad faith first takes a third-person stance toward itself. When it becomes necessary to elude this stance it has made of itself, it then adopts the first-person perspective. In neither case can the deception fully succeed. Without these two facets of existence, if
consciousness Consciousness, at its simplest, is sentience and awareness of internal and external existence. However, the lack of definitions has led to millennia of analyses, explanations and debates by philosophers, theologians, linguisticians, and scien ...
was unitary and not divisible, as in the indivisible "I" in " I think, therefore I am", it would be impossible to explain how the very project of self-deception could be possible. The Freudian theory of the unconscious is viewed by Sartre as based on an incoherent view of consciousness, but the project of psychoanalysis as an uncovering of the "fundamental project" of an individual's life is considered to be valid. Jean-Paul Sartre called the belief that there is something intrinsically good in itself, which is inherent in the world as absolute value and is discoverable by people, the " spirit of seriousness", which he argued leads to bad faith. He argued that people fall into the spirit of seriousness because they take their values too seriously, and forget that values are contingent, chosen and assigned subjectively. In Sartre's words, "the spirit of seriousness has two characteristics: it considers values as transcendent ''givens'', independent of human subjectivity, and it transfers the quality of 'desirable' from the
ontological In metaphysics, ontology is the philosophical study of being, as well as related concepts such as existence, becoming, and reality. Ontology addresses questions like how entities are grouped into categories and which of these entities exi ...
structure of things to their simple material constitution."


Psychology

Psychologists have proposed answers as to how bad faith self-delusion can be possible. A "tropism" is an action done without conscious thought. While self-deception may be a tropism, not consciously done, it may be guided by "projects" one may set for one's life, such as a desire to get into heaven, or for personal pleasure, wealth, or power. For example, a creationist has a project to get into heaven, and a racist with feelings of personal inadequacy may have a project to be superior or to have power over some others. The project may create self-deception without conscious thought, as a tropism creates action without conscious thought. A project may be selfish, and overwhelm reason from facts, though its consequences are not directly intentional. But the project itself may be intentionally sought, and in a selfish way, whence bad faith arises, as a result of selfish or bad intention in choice of project.''"Self Deception and the Nature of Mind"'', ''Tropisms and Reason'', Perspectives on Self Deception, Brian P. McLaughlin, editor

/ref> A
homunculus A homunculus ( , , ; "little person") is a representation of a small human being, originally depicted as small statues made out of clay. Popularized in sixteenth-century alchemy and nineteenth-century fiction, it has historically referred to the ...
is a little person (or map of the person) inside a person, and homuncularism is the theory in psychology that there are subsystems of the mind performing different operations; the homuncularist answer to the question as to how bad faith is possible is that one such subunit deceives the other. In humanistic psychology, recognition of bad faith in one's own acts by the actor results in guilt and regret. Psychologists have examined the role of bad faith in psychologists overseeing and directing
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...
, when they know that it is wrong, e.g., in the Guantanamo detention center.


Truth values

There is controversy as to whether propositions made in bad faith are true or false, such as when a hypochondriac has a complaint with no physical symptom."Absent a lesion or a physiological disturbance to account readily for the complaint, the complaint was likely to be regarded as male fide", Post-Modern Reflections on the Ethics of Naming, The Ethics of Diagnosis Philosophy and Medicine, 1992, Volume 40, Section V, 275-300, George Khushf

/ref>


In pseudosciences

Bad faith can exist not only in an individual, but in entire systems of knowledge. Within the
pseudoscience Pseudoscience consists of statements, beliefs, or practices that claim to be both scientific and factual but are incompatible with the scientific method. Pseudoscience is often characterized by contradictory, exaggerated or unfalsifiable claim ...
of racial eugenics, bad faith is proposed to be a motivator for self-defensive action against an objectified race of people to justifiably uphold a desire for racial supremacy; e.g., a minority group of whites who believe that blacks are inferior in bad faith to motivate the preservation of their white-race differences, while their faith is motivated in fear of elimination from within a volatile racial environment. Bad faith
racial supremacist Supremacism is the belief that a certain group of people is superior to all others. The supposed superior people can be defined by age, gender, race, ethnicity, religion, sexual orientation, language, social class, ideology, nation, culture, ...
's beliefs are studied in African American Studies. In Nazi Germany, companies knowingly competed for the manufacture of efficient ovens for the concentration camps to make money with the manufacturers justified in their actions by self-deception, but ''intentionally'' so as to be in bad faith. A person can intentionally self-deceive by being inauthentic or
insincere Sincerity is the virtue of one who communicates and acts in accordance with the entirety of their feelings, beliefs, thoughts, and desires in a manner that is honest and genuine. Etymology The Oxford English Dictionary and most scholars stat ...
, as the Nazis organization did in holding their beliefs to justify their
eugenics Eugenics ( ; ) is a fringe set of beliefs and practices that aim to improve the genetic quality of a human population. Historically, eugenicists have attempted to alter human gene pools by excluding people and groups judged to be inferior o ...
and
genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the ...
.


Zen Buddhism

Persons practicing
Zen Zen ( zh, t=禪, p=Chán; ja, text= 禅, translit=zen; ko, text=선, translit=Seon; vi, text=Thiền) is a school of Mahayana Buddhism that originated in China during the Tang dynasty, known as the Chan School (''Chánzong'' 禪宗), and ...
claim not to be subject to the "bad faith" in "self-deception", since they do not ''explain'' a motivation for action, as a rationalist would. A rationalist must rationalize an irrational desire that is actually rooted in the body and the unconscious as if it were not.


Analytical philosophy and the error theory of moral statements

For philosophers in the Anglo-American analytical tradition, statements involving moral values have caused concern because of their similarity to statements about objects and events in the physical world. Compare: #Littering is commonplace in Chiang Mai #Littering is wrong Both have the same grammatical structure, but the way we might verify the first is quite different from the way we might want to verify the second. We can verify the first statement by observations made in the physical world, but according to
David Hume David Hume (; born David Home; 7 May 1711 NS (26 April 1711 OS) – 25 August 1776) Cranston, Maurice, and Thomas Edmund Jessop. 2020 999br>David Hume" '' Encyclopædia Britannica''. Retrieved 18 May 2020. was a Scottish Enlightenment ph ...
, no amount of physical world observation can verify statements of the second type. Hume's view is summarized as "you can not derive 'ought' from 'is'". Whereas statements of the first type must be true or false, some philosophers have argued that moral statements are neither true nor false. Richard M. Hare, for example, argues that moral statements are in fact imperatives (commands). For him, the statement "littering is wrong" means "do not litter", and "do not litter" is neither true nor false. In sharp contrast to people like Hare,
J.L. Mackie John Leslie Mackie (25 August 1917 – 12 December 1981) was an Australian philosopher. He made significant contributions to the philosophy of religion, metaphysics, and the philosophy of language, and is perhaps best known for his views on m ...
contended that moral statements are false. Mackie's view discomforts Crispin Wright who says that it "relegates moral discourse to bad faith". Wright is not saying that all moral statements are bad faith. What he is saying is that if Mackie is correct, and somebody believes that Mackie is correct, then that person will be guilty of bad faith whenever he makes a moral statement.


In law

In law, there are inconsistent definitions of bad faith, with one definition much more broad than used in other fields of study discussed in the above sections. ''
Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West ...
'' equates
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
with bad faith. But one goes to jail for fraud, and not necessarily for bad faith. The Duhaime online law dictionary similarly defines bad faith broadly as "intent to deceive", and "a person who intentionally tries to deceive or mislead another in order to gain some advantage". A Canadian labor arbitrator wrote, in one case, that bad faith is related to rationality in reasoning, as it is used in other fields, but is ill-defined in the law. What was called "Canada's best judicial definition of 'bad faith by ''Duhaime's Legal Dictionary'' is similarly more consistent with use in other fields discussed above. Duhaime also refers to another description, "...bad faith refers to a subjective state of mind ... motivated by ill will ... or even ''sinister purposes''." The current standard legal definition of "bad faith" in the law of England and Wales is that of Lindsay J in ''Gromax Plasticulture Ltd. v. Don and Low Nonwovens Ltd'':


Insurance bad faith

Insurance bad faith is a
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
claim that an insured may have against an insurer for its bad acts, e.g. intentionally denying a claim by giving spurious citations of exemptions in the policy to mislead an insured, adjusting the claim in a dishonest manner, failing to quickly process a claim, or other intentional misconduct in claims processing. Insurance bad faith has been broadened beyond use in other fields to include total inaction, a refusal to respond to a claim in any way. Courts can award punitive or exemplary damages, over and above actual damages against any insurance company which is found to have adjusted a claim in bad faith. Such damages may be awarded with the aim of deterring such behavior among insurers in general, and may far exceed the amount of the damage due under the
insurance policy In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known a ...
. In
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
, one case of this type resulted in a record punitive award of
CAD Computer-aided design (CAD) is the use of computers (or ) to aid in the creation, modification, analysis, or optimization of a design. This software is used to increase the productivity of the designer, improve the quality of design, improve c ...
$1 million when an
insurance company Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
pressed a claim for
arson Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wate ...
even after its own experts and adjusters had come to the conclusion that the fire was accidental. The company had been advised by legal counsel that the desperate insured parties would be willing to settle for much less than what they were owed.


In social sciences


Feminism

Central to
feminism Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
is the idea that women are systematically subordinated, and bad faith exists when women surrender their
agency Agency may refer to: Organizations * Institution, governmental or others ** Advertising agency or marketing agency, a service business dedicated to creating, planning and handling advertising for its clients ** Employment agency, a business that ...
to this subordination, e.g., acceptance of religious beliefs that a man is the dominant party in a marriage by the will of God; Simone de Beauvoir labels such women "mutilated" and "
immanent The doctrine or theory of immanence holds that the divine encompasses or is manifested in the material world. It is held by some philosophical and metaphysical theories of divine presence. Immanence is usually applied in monotheistic, panthe ...
". Simone de Beauvoir developed modern conceptions of bad faith and modern feminism together in her book ''
The Second Sex ''The Second Sex'' (french: Le Deuxième Sexe, link=no) is a 1949 book by the French existentialist philosopher Simone de Beauvoir, in which the author discusses the treatment of women in the present society as well as throughout all of histor ...
''.''The Second Sex'', Simone de Beauvoir


Theory of justice

Bad faith is important to the concept of original position in
John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the liberal tradition. Rawls received both the Schock Prize for Logic and Philosophy and the National Humanities Medal in ...
'
theory of justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
, where mutual commitment of the parties requires that the parties cannot choose and agree to principles in bad faith. They have to be able, not just to live with and grudgingly accept, but to sincerely endorse the principles of justice. A party cannot take risks with principles he knows he will have difficulty voluntarily complying with, or they would be making an agreement in bad faith—which is ruled out by the conditions of the original position.


Negotiation theory

Bad faith is a concept in
negotiation theory The foundations of negotiation theory are decision analysis, behavioral decision-making, game theory, and negotiation analysis. Another classification of theories distinguishes between Structural Analysis, Strategic Analysis, Process Analysis, ...
whereby parties pretend to reason to reach settlement, but have no intention to do so. For example, one political party may pretend to negotiate, with no intention to compromise, for political effect; for instance, extracting concessions in negotiating over legislation in order to weaken it, while intending from the beginning to vote against the compromise. Bad faith in
political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and ...
and political psychology refers to negotiating strategies in which there is no real intention to reach compromise, or a model of
information processing Information processing is the change (processing) of information in any manner detectable by an observer. As such, it is a process that ''describes'' everything that happens (changes) in the universe, from the falling of a rock (a change in posi ...
. The " inherent bad faith model" of information processing is a theory in political psychology that was first put forth by Ole Holsti to explain the relationship between U.S. Secretary of State
John Foster Dulles John Foster Dulles (, ; February 25, 1888 – May 24, 1959) was an American diplomat, lawyer, and Republican Party politician. He served as United States Secretary of State under President Dwight D. Eisenhower from 1953 to 1959 and was briefly ...
' beliefs and his model of information processing. It is the most widely studied model of one's opponent."...the most widely studied is the inherent bad faith model of one's opponent...", ''The handbook of social psychology'', Volumes 1-2, edited by Daniel T. Gilbert, Susan T. Fiske, Gardner Lindzey A state is presumed to be implacably hostile, and contra-indicators of this are ignored. They are dismissed as propaganda ploys or signs of weakness. Examples are John Foster Dulles' position regarding the Soviet Union, or Israel's initial position on the
Palestinian Liberation Organization The Palestine Liberation Organization (PLO; ar, منظمة التحرير الفلسطينية, ') is a Palestinian nationalist political and militant organization founded in 1964 with the initial purpose of establishing Arab unity and s ...
.


Loyalty and patriotism

Bad faith is associated with being double minded, or of divided loyalty. (See theology section above.) The philosophy of
loyalty Loyalty, in general use, is a devotion and faithfulness to a nation, cause, philosophy, country, group, or person. Philosophers disagree on what can be an object of loyalty, as some argue that loyalty is strictly interpersonal and only another ...
examines unchosen loyalties, e.g., one does not choose one's family or country, but when there is excessive wrongdoing, there is a general unwillingness to question these unchosen loyalties, and this exhibits bad faith as a type of lack of
integrity Integrity is the practice of being honest and showing a consistent and uncompromising adherence to strong moral and ethical principles and values. In ethics, integrity is regarded as the honesty and truthfulness or accuracy of one's actions. In ...
. Once we have such loyalties, we are resistant to their scrutiny and self-defensively discount challenges to them in bad faith.''"Patriotism as Bad Faith"'',''Ethics'', 115, Simon Keller, pp. 563–92, 2005 In the philosophy of
patriotism Patriotism is the feeling of love, devotion, and sense of attachment to one's country. This attachment can be a combination of many different feelings, language relating to one's own homeland, including ethnic, cultural, political or histor ...
(loyalty to one's country) bad faith is hiding from oneself the true source of some of one's patriotic beliefs, such as when one fights for a racist totalitarian dictatorship against a free and
egalitarian Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all hu ...
democracy.''"This leads her to hide from herself the true source of some of the beliefs involved. This is bad faith."'', Patriotism, Stanford Encyclopedia of Philosophy

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See also

*
Cognitive dissonance In the field of psychology, cognitive dissonance is the perception of contradictory information, and the mental toll of it. Relevant items of information include a person's actions, feelings, ideas, beliefs, values, and things in the environmen ...
*
Concern troll In slang, a troll is a person who posts or makes inflammatory, insincere, digressive, extraneous, or off-topic messages online (such as in social media, a newsgroup, a forum, a chat room, a online video game), or in real life, with the int ...
* Guilty conscience * Mental reservation


References

{{DEFAULTSORT:Bad Faith Concepts in ethics Existentialist concepts International relations Legal concepts Political concepts Freudian psychology New Testament theology Deception Belief fr:Existentialisme#La mauvaise foi