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Full-Text Articles in Law

Blackmail: Deontology - 1993, Wendy J. Gordon Jan 1993

Blackmail: Deontology - 1993, Wendy J. Gordon

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The basic logic of my deontologic approach is this.


Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon Jan 1993

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

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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; …


Blackmail: Property Right - 1993, Wendy J. Gordon Jan 1993

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.


Letter To Prof. John Hyman Re: Daniels/Davidson Article, Wendy J. Gordon Jul 1986

Letter To Prof. John Hyman Re: Daniels/Davidson Article, Wendy J. Gordon

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It was good talking to you. As I said, I profited a great deal from our initial conversations on the Daniels/Davidson issue, and I appreciate your willingness to be provide more feedback.


Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon Jul 1986

Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon

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These points can be best understood by bifurcating "intent" into its two components: state of mind (advertence) and the object to which the defendant's state of mind is directed.