敲诈的第二个悖论

The Second Paradox of Blackmail

Business Ethics Quarterly · 2000
被引 49
ABS 3

中文导读

本文指出敲诈存在两个悖论:合法威胁与合法索钱结合即成非法敲诈;主动方不同导致行为定性不同。作者从自由意志主义视角主张敲诈应合法化,以消除悖论。

Abstract

Abstract: One so-called paradox of blackmail concerns the fact that “two legal whites together make a black.” That is, it is licit to threaten to reveal a person’s secret, and it is separately lawful to ask him for money; but when both are undertaken at once, together, this act is called blackmail and is prohibited. A second so-called paradox is that if the blackmailer initiates the act, this is seen by jurists as blackmail and illicit, while if the blackmailee (the person blackmailed) originates the contract, this is commonly interpreted as bribery and is not illicit. But these are paradoxes only for legal theorists innocent of libertarian theory. The authors use that perspective to reject the claim that blackmail should be unlawful. If this act were legalized, then both paradoxes would disappear, precisely their contention.

法律法律经济学社会学政治学数学