The Second Paradox of Blackmail

Business Ethics Quarterly, Vol. 10, No. 3, 2000

32 Pages Posted: 15 Jul 2011

See all articles by Walter E. Block

Walter E. Block

Loyola University New Orleans - Joseph A. Butt, S.J. College of Business

Stephan Kinsella

Center for the Study of Innovative Freedom (C4SIF.org)

Hans Hermann Hoppe

University of Nevada, Las Vegas - College of Business - Department of Economics

Date Written: July, 13 2011

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.

Suggested Citation

Block, Walter E. and Kinsella, N. Stephan and Hoppe, Hans Hermann, The Second Paradox of Blackmail (July, 13 2011). Business Ethics Quarterly, Vol. 10, No. 3, 2000. Available at SSRN: https://ssrn.com/abstract=1885102

Walter E. Block (Contact Author)

Loyola University New Orleans - Joseph A. Butt, S.J. College of Business ( email )

6363 St. Charles Avenue
Box 15, Miller 321
New Orleans, LA 70118
United States
(504) 864-7944 (Phone)
(504) 864-7970 (Fax)

N. Stephan Kinsella

Center for the Study of Innovative Freedom (C4SIF.org) ( email )

Houston, TX 77019
United States

HOME PAGE: http://www.c4sif.org

Hans Hermann Hoppe

University of Nevada, Las Vegas - College of Business - Department of Economics ( email )

4505 S. Maryland Parkway
Las Vegas, NV 89154
United States

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