Blackmail and "Economic" Analysis: Reply to Ginsburg and Shechtman

Walter Block and Robert McGee
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Walter Block: University of Central Arkansas

Law and Economics from University Library of Munich, Germany

Abstract: Blackmail consists of two things, each indisputably legal on their own; yet, when combined in a single act, the result is considered a crime. First, one may gossip, and, provided that what is said is true, there is nothing illegal about it. Truth is an absolute defense. Second, if one may speak the truth, one may also threaten to speak the truth. Yet if someone requests money in exchange for silence -- money in exchange for giving up the right of free speech -- it is a crime. The law and economics literature takes the position that blackmail should be illegal on efficiency grounds. The present authors reject this law and economics analysis. They maintain that since it is legal to gossip, it should therefore not be against the law to threaten to gossip, unless paid off not to do so. In a word, blackmail is a victimless crime, and must be legalized, if justice is to be attained. The authors criticize several authors who take the efficiency position, but focus their argument on a paper written by Douglas Ginsburg and Paul Shechtman.

Keywords: blackmail; welfare (search for similar items in EconPapers)
JEL-codes: D63 K14 (search for similar items in EconPapers)
Pages: 50 pages
Date: 1998-05-31
Note: Type of Document - Word 6.0; prepared on Macintosh; to print on LaserWriter 4/600PS; pages: 50
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