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Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller
Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller
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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
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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
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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
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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
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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
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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.
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
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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
Blackmail: Property Right - 1993, Wendy J. Gordon
Blackmail: Property Right - 1993, Wendy J. Gordon
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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.
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon
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Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of the victim.
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft 11-17-1992, Wendy J. Gordon
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft 11-17-1992, Wendy J. Gordon
Scholarship Chronologically
Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of victims who would prefer to pay rather than prosecute their tormenters.
Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon
Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon
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There are several potential insights whose interrelationship I'd like to explore. First, some allocation of rights are not likely to be transferable. Two of the major interests involved in blackmail--namely, reputation and free speech--are of this type. This may in itself help to explain some of the paradox of blackmail.
Letters To University Of Pennsylvania Law Review Regarding Symposium On Blackmail, Wendy J. Gordon
Letters To University Of Pennsylvania Law Review Regarding Symposium On Blackmail, Wendy J. Gordon
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It's a pleasure to be writing to someone of the same name. You asked that the symposium participants write you regarding the focus of our papers for the symposium, and to indicate the expected page length.