Perhaps the most marked, traditional, as well as symbolic expression for a special status for public service is the requirement of the oath of office. It has been around in Europe for a long while.
The oath of office is an extraordinary, solemn occasion as a person gives as warranty to the promise to perform the assigned tasks, and use the public authority granted correctly. On the one hand, the oath seems to imply high moral demands and even involve religious connotations, on the other hand, it is as much used as an instrument to try and prevent corruption. What are its origins, in to what extend does it provide an identity for public office?
The origins of the oath of office are in prehistory. By invoking the gods as witnesses and avengers, oaths provide the much needed guarantee that truth is spoken and promises are met. Nevertheless, even in the classical times, the oath was partly replaced by legal contract. In the context of the courts, an oath was also no longer accepted as simply the truth. Also earthly punishments became added to divine punishment for perjury. Oaths became more and more limited to public settings and functions over time, whereas in the private sphere legal contract became regarded as adequate warranty. What remained were oaths in courts and oaths of office. In the high Middle Ages oaths were thus widely used. The oath of office developed over time into a more complex construct than just a simple sworn promise.
Originally, what we can call, a true oath was required, i.e. a solemn promise involving a reference to a transcendental being (God or gods) as witness and avenger. In the course of the 19th and early 20th century it became standard practice in the Western World to offer a choice between oath and solemn affirmation. This latter development, however, was not an easy change. It was widely discussed if it was possible to become a public functionary without an oath, and in particular, without believing in some god or a particular religion.
This paper discusses the nature of an oath, in particular in relation to the civil service. It’s prime case will be the development of the oath of office in the Netherlands as it can be traced throughout the 17th and 18the century proclamations by central government, as well as, the 19th, early 20th century long running political debates concerning the oath of office. Comparisons with developments elsewhere in Europe over time will be drawn, as well as some observation on the possible present day meaning of an oath of office as providing an identity for the public service.
