In like manner the negroes of Guinea swear by their fetish, a
bird's feather, which they imprecate under the belief that it will
break their neck. And so in other cases. The belief underlying these
oaths is that an invisible power- whether it has understanding or not-
by its very nature possesses magical power that can be put into action
by such invocations. Such a belief- which is commonly called religion,
but which ought to be called superstition- is, however,
indispensable for the administration of justice; because, without
referring to it, a court of justice would not have adequate means to
ascertain facts otherwise kept secret, and to determine rights. A
law making an oath obligatory is therefore only given in behoof of the
judicial authority.
But then the question arises as to what the obligation could be
founded upon that would bind any one in a court of justice to accept
the oath of another person as a right and valid proof of the truth
of his statements which are to put an end to all dispute. In other
words, what obliges me juridically to believe that another person when
taking an oath has any religion at all, so that I should subordinate
or entrust my right to his oath? And, on like grounds, conversely, can
I be bound at all to take an oath? It is evident that both these
questions point to what is in itself morally wrong.
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