Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Blackmail (9)
- Harm (6)
- Central case (4)
- Criminalization (4)
- Intent (3)
-
- Paradox (3)
- Allocative effects (2)
- Art (2)
- Consequentialist (2)
- Creativity (2)
- DDE (2)
- Manipulative threat (2)
- Moral theory (2)
- Morality (2)
- Property (2)
- Rights (2)
- Unproductive exchange (2)
- Alienability of liberties (1)
- Anger (1)
- Article review (1)
- Bauer Lecture (1)
- Blackmail law (1)
- Consent (1)
- Copyright (1)
- Copyright law (1)
- Deontologic case (1)
- Deontology (1)
- Derivatives (1)
- Doctrine of double effect (1)
- Doctrine of single effect (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
What's Art Got To Do With It?, Wendy J. Gordon
What's Art Got To Do With It?, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon
Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon
Scholarship Chronologically
Please disregard the fax I sent you on Saturday. Per my conversation with Wendy, you’ll be receiving a new cleaned-up version of the article on Tuesday for distribution. The draft I sent you Saturday had the file name "B-PARl-6.” Per Wendy's suggestion I'll entitle the file for the draft that you'll get Tuesday, "GORD-FE1.2ND" (meaning 'Gordon - First Editl, second version').
Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller
Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller
Scholarship Chronologically
The article on blackmail's central case is very good. Given the divergence of views about the nature and purposes of blackmail, focusing on the central case where the competing theories converge is a creative and fruitful intellectual move.
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon
Scholarship Chronologically
Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Letter To Guido Calabresi, Wendy J. Gordon
Letter To Guido Calabresi, Wendy J. Gordon
Scholarship Chronologically
As you may recall, I first became seriously entranced by your work when you gave the "Tragic Choices" lectures at Penn.
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon
Scholarship Chronologically
Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon
Scholarship Chronologically
The doctrine of double effect (DDE) and my suggested correlative, the doctrine of single effect (DSE), suggest that no significance should be given to either the lawful nature of the threat or the potentially beneficial side-effects of blackmail. Under DSE, the blackmailer violates deontological constraints if he threatens disclosure in an intent to obtain money or other advantage because, inter alia, were he to have alternative threats available he would threaten anyway. The nature of the threat is outside the intent of the blackmailer in the same way the killing of civilians is outside the intent of the strategic bomber. …
Truth And Consequences - Draft - 01-07-1993, Wendy J. Gordon
Truth And Consequences - Draft - 01-07-1993, Wendy J. Gordon
Scholarship Chronologically
Rather, he seeks to extract something from the victim that is properly the victim's, usually money, or to make the victim do something (e.g., sleep with him) that is ordinarily a behavior that the victim is at liberty not to engage in. The missing "rights" that Murphy seeks are therefore present and fairly uncontroversial: the rights not to have one's goods intentionally taken, or have one's liberty intentionally infringed, without justification. It is irrelevant whether or not it would be proper for the blackmailer to disclose the information, and thus destroy something the victim may value at a price even …
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon
Scholarship Chronologically
Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Blackmail: Deontology - 1993, Wendy J. Gordon
Blackmail: Deontology - 1993, Wendy J. Gordon
Scholarship Chronologically
The basic logic of my deontologic approach is this.
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Scholarship Chronologically
DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …
Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon
Scholarship Chronologically
This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Blackmail: Property Right - 1993, Wendy J. Gordon
Blackmail: Property Right - 1993, Wendy J. Gordon
Scholarship Chronologically
It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.
Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon
Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo Law Review for their invitation to speak, and all those who have taken the time to discuss this issue with me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon
Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon
The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Handwritten Notes On Blackmail - 1993, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.