Psychologists have studied the role of bad faith in psychologists who monitor and direct torture when they know it is wrong, for example at the Guantanamo detention center. [43] [44] A government official who selectively enforces a non-discriminatory law against members of a particular group or race, thereby violating the civil rights of those persons, is acting in bad faith. Every contract contains an implied duty of good faith and honesty. This obligation is implied, i.e. it is not explicitly stated in the contract. All parties are required to act honestly and fairly. They are expected to perform their duties in accordance with the “spirit” of the contract, and if they do not, they can be prosecuted. Jean-Paul Sartre and Simone de Beauvoir developed ideas about malevolence towards existentialism and used the concepts of bad faith and “authenticity” in the ethics of faith. [28] In Being and Nothingness, Sartre begins his discussion of malice by raising the question of how malicious self-deception is possible. [14] Sartre calls “bad faith” a project of self-delusion. To find excuses, bad faith first adopts a third-person attitude towards oneself. When it becomes necessary to withdraw from this attitude she has taken of herself, she adopts the first-person perspective.
In both cases, deception cannot succeed completely. Without these two facets of existence, if consciousness were unified and indivisible, as in the indivisible “I” in “I think, therefore I am,” it would be impossible to explain how the project of self-deception could be possible. The Freudian theory of the unconscious is considered by Sartre to be based on an incoherent vision of consciousness, but the project of psychoanalysis as revealing the “fundamental project” of an individual`s life is considered valid. [29] Contract negotiations are known to be involved in bad faith situations. This includes issuing cancellations and paying insurance claims. Bad faith can also include a person trying to move forward by being dishonest with another person. Bad faith is a breach of a legal duty owed to another party. All obligations are affected, including the payment of claims or the termination of an insurance policy. Insurers can be found guilty in bad faith if they: People may have beliefs in their heads, even if those beliefs are directly refuted by facts known to the same people.
These are bad faith beliefs. But there is a debate about whether this self-deception is intentional or not. [13] The components of bad faith at common law vary from state to state. Several states define bad faith as conduct that is “unreasonable or without just cause.” Some States have a more limited view of the definition of bad faith. The existentialist philosopher Jean-Paul Sartre called the belief that there is something intrinsically good inherent in the world as an absolute value and can be discovered by people “the spirit of seriousness,” which, in his opinion, 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 subjectively assigned. [30] In Sartre`s words: “The spirit of seriousness has two characteristics: it considers values as transcendent facts, independent of human subjectivity, and it transfers the quality of the `desired` from the ontological structure of things to their mere material constitution.” [31] At the heart of feminism is the idea that women are systematically subordinate, and malice occurs when women surrender their free will to this subordination, for example, the acceptance of religious beliefs that a man is the dominant party in a marriage according to God`s will; Simone de Beauvoir describes these women as “mutilated” and “immanent”. [63] [64] [65] [66] Simone de Beauvoir developed together the modern notions of malice and modern feminism in her book The Second Sex. [67] Unlike people like Hare, J.L. Mackie claimed that moral statements were false.
Mackie`s view worries Crispin Wright, who says it “degrades moral discourse to bad intentions.” [53] Wright does not say that all moral statements are malicious. What he is saying is that if Mackie is right and someone believes that Mackie is right, then that person will be guilty of bad faith every time he makes a moral statement. If someone does something in bad faith, it is to deceive another person of something. Take, for example, a boss who promises something to an employee without ever intending to keep that promise. Or a lawyer who occupies a legal position that is not true, such as that his client is innocent. A person can also use bad faith against himself. A hypochondriac, for example, can be considered sick when he is in perfect health. Freudian psychoanalysis responds to the way malicious self-deception is made possible by postulating an unconscious dimension of our being that is amoral, while consciousness is actually regulated by morality, law, and habit, achieved through what Freud calls oppression. [16] The true desires of the unconscious are expressed as the fulfillment of a wish in dreams or as an ethical position taken unconsciously to satisfy the desires of the unconscious.
[16] Bad faith can exist not only in an individual, but in entire systems of knowledge. [45] [46] [47] In the insurance context, a breach of contract may be invoked for any breach of the insurer`s specific obligations under the insurance policy. An action in bad faith, on the other hand, exists if the insurer breaches its implied obligation of good faith and equity. For example, an insurance undertaking may not interfere with the rights of the insured to receive benefits for risks covered by virtue of its duty of good faith and loyalty and must act in good faith in the settlement of claims. If an insurance company denies a policyholder`s claim, even though that refusal may not have violated the terms of the policy itself, it could have been denied in bad faith. In such a situation, if a claimant can prove that the denial, delay or withholding of benefits by the insurer was unreasonable, he or she may have a valid bad faith claim and be able to recover damages. Bad faith is not the same as previous judgment or negligence. One can make an honest mistake about one`s own rights and duties, but when someone else`s rights are intentionally or maliciously violated, such behavior is evidence of bad faith. In philosophy, according to Jean-Paul Sartre`s analysis of the concepts of self-deception and bad faith, bad faith has been studied in specialized fields, because it refers to self-deception as two heads acting semi-independently in a mind, one deceiving the other.
In some cases, bad faith may be considered not to be a deception, as with certain types of hypochondria with actual physical manifestations. The question arises as to whether the statements are true or false, made as part of malicious self-delusion; For example, if a hypochondriac complains about his psychosomatic state, is this true or false? [6] The fulfillment of bad faith wishes is at the heart of faith ethics, which addresses issues at the intersection of epistemology, philosophy of mind, psychology, Freudian psychoanalysis, and ethics. [22] [23] [24] [25] Bad faith in political science and political psychology refers to negotiation strategies where there is no real intention to reach a compromise or information processing model. [9] The “inherent bad faith model” in information processing is a theory in political psychology first developed by Ole Holsti to study the relationship between the United States. The convictions of Secretary of State John Foster Dulles and his model of information processing. [70] This is the most studied model of the adversary. [71] A state is supposed to be implacably hostile and counter-indicators to this are ignored. They are dismissed as propaganda tricks or signs of weakness.