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Robert W. Mcgee - One of the best experts on this subject based on the ideXlab platform.
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blackmail as a Victimless Crime
Social Science Research Network, 2011Co-Authors: Walter E Block, Robert W. McgeeAbstract:The legal theory of blackmail is the veritable puzzle surrounded by a mystery wrapped in an enigma. Consider. Blackmail consists of two things, each indisputably legal on their own; yet, when combined in a single act, the result is considered a Crime. What are the two things? First, there is either a threat or an offer. In the former case, it is, typically, to publicize on embarrassing secret; in the latter, it is to remain silent about this information. Second, there is a demand or a request for funds or other valuable considerations. When put together, there is a threat that, unless paid off, the secret will be told.Either of these things, standing alone, is perfectly legal. To tell an embarrassing secret is to do no more than gossip. To ask for money is likewise a legitimate activity, as everyone from Bill Clinton to the beggar to the fundraiser for the local charity can attest. Yet when combined, the result is called blackmail and it is widely seen as a Crime.
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blackmail as a Victimless Crime reply to altman
Emory Economics, 1998Co-Authors: Walter E Block, Robert W. McgeeAbstract:The legal theory of blackmail is the veritable puzzle surrounded by a mystery wrapped in an enigma. Consider. Blackmail consists of two things, each indisputably legal on their own; yet, when combined in a single act, the result is considered a Crime. What are the two things? First, there is either a threat or an offer. In the former case, it is, typically, to publicize an embarrassing secret; in the latter, it is to remain silent about this information. Second, there is a demand or a request for funds or other valuable considerations. When put together, there is a threat that unless paid off, the secret will be told. Either of these things, standing alone, is perfectly legal. To tell an embarrassing secret is to do no more than gossip; no one has ever been incarcerated for that. To ask for money is likewise a legitimate activity, as everyone from Bill Clinton to the beggar to the fund raiser for the local charity can attest. Yet when combined, the result is called blackmail and it is widely seen as a Crime. But that is just the puzzle. The mystery is that over a dozen attempts to account for this puzzle have been written, and not a one of them agrees to any great extent with any other. It is as if there are a plethora of witnesses to a motor vehicle accident, each not only disagreeing with all the others, but each telling a completely different story. The enigma is that with the exception of a corporal's guard of commentators, no one has seen fit to assert the contrary: that two legal "whites" cannot make an illegal "black." This is precisely the point of the present paper. The authors 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 also reply to a paper written by Scott Altman, who takes a different position.
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If Dwarf Tossing Is Outlawed, Only Outlaws Will Toss Dwarfs: Is Dwarf Tossing a Victimless Crime?
SSRN Electronic Journal, 1998Co-Authors: Robert W. McgeeAbstract:This paper explores some legal and philosophical issues surrounding the practice of dwarf tossing, the sport by which dwarfs are thrown for fun and profit. Part I provides an overview. Part II provides some background information regarding the sport. Part III analyzes the body as property argument and tentatively concludes that individuals have an absolute right to do with their bodies as they see fit. Part IV discusses whether the balancing of interests argument is a valid limitation on the body as property argument and concludes that it is not. Part V looks at the argument that dwarf tossing should be banned or restricted on public policy grounds. Part VI asks whether dwarf tossing should be outlawed and concludes that there are no valid arguments to justify outlawing or restricting the practice.
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Blackmail as a Victimless Crime: Reply to Altman
2024Co-Authors: Walter Block, Robert W. McgeeAbstract:The legal theory of blackmail is the veritable puzzle surrounded by a mystery wrapped in an enigma. Consider. Blackmail consists of two things, each indisputably legal on their own; yet, when combined in a single act, the result is considered a Crime. What are the two things? First, there is either a threat or an offer. In the former case, it is, typically, to publicize an embarrassing secret; in the latter, it is to remain silent about this information. Second, there is a demand or a request for funds or other valuable considerations. When put together, there is a threat that unless paid off, the secret will be told. Either of these things, standing alone, is perfectly legal. To tell an embarrassing secret is to do no more than gossip; no one has ever been incarcerated for that. To ask for money is likewise a legitimate activity, as everyone from Bill Clinton to the beggar to the fund raiser for the local charity can attest. Yet when combined, the result is called blackmail and it is widely seen as a Crime. But that is just the puzzle. The mystery is that over a dozen attempts to account for this puzzle have been written, and not a one of them agrees to any great extent with any other. It is as if there are a plethora of witnesses to a motor vehicle accident, each not only disagreeing with all the others, but each telling a completely different story. The enigma is that with the exception of a corporal's guard of commentators, no one has seen fit to assert the contrary: that two legal "whites" cannot make an illegal "black." This is precisely the point of the present paper. The authors 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 also reply to a paper written by Scott Altman, who takes a different position.blackmail Victimless Crime welfare
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Blackmail and "Economic" Analysis: Reply to Ginsburg and Shechtman
2024Co-Authors: Walter Block, Robert W. McgeeAbstract: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.blackmail welfare
Irina Sivachenko - One of the best experts on this subject based on the ideXlab platform.
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corporate victims of Victimless Crime how the fcpa s statutory ambiguity coupled with strict liability hurts businesses and discourages compliance
Boston College Law Review, 2013Co-Authors: Irina SivachenkoAbstract:The Foreign Corrupt Practices Act (“FCPA”), a federal law that outlaws corporate bribery of foreign officials, is the key legislation in the fight against global corruption. Unfortunately, despite the long-awaited guidance recently issued by the Department of Justice, the unpredictability and severity of FCPA enforcement, coupled with the lack of an affirmative defense in cases of adequate compliance, continues to take a substantial toll on U.S. businesses and the economy. This Note argues against strict corporate vicarious liability and evaluates the unintended effects of a broad interpretation of the FCPA on international business practices. Suggesting that current enforcement practices might actually reduce compliance, this Note evaluates several proposed solutions and advocates for a hybrid approach that would resolve the ambiguity and make compliance both feasible and economically viable. Bribing foreign officials is wrong, but not everything governments do to prevent it is wise or proportional.
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corporate victims of Victimless Crime how the fcpa s statutory ambiguity coupled with strict liability hurts businesses and discourages compliance
Social Science Research Network, 2012Co-Authors: Irina SivachenkoAbstract:The Foreign Corrupt Practices Act (“FCPA”), a federal law that outlaws corporate bribery of foreign officials, is the key legislation in the fight against global corruption. Unfortunately, despite the long-awaited guidance recently issued by the Department of Justice, the unpredictability and severity of FCPA enforcement, coupled with the lack of an affirmative defense in cases of adequate compliance, continues to take a substantial toll on U.S. businesses and the economy. This Note argues against strict corporate vicarious liability and evaluates the unintended effects of a broad interpretation of the FCPA on international business practices. Suggesting that current enforcement practices might actually reduce compliance, this Note evaluates several proposed solutions and advocates for a hybrid approach that would resolve the ambiguity and make compliance both feasible and economically viable.
Ida Bagus Putu Swadharma Diputra - One of the best experts on this subject based on the ideXlab platform.
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KEBIJAKAN REHABILITASI TERHADAP PENYALAH GUNA NARKOTIKA PADA UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
Universitas Udayana, 2013Co-Authors: Ida Bagus Putu Swadharma DiputraAbstract:Positive law states, drug users are criminals because it has met the qualifications in the law of narcotics, narcotic offenses such as drug abuse in the study of criminology can be classified as a Crime without a victim or a Victimless Crime. This is because they will become dependent on illicit goods (narcotics), the way it deems appropriate to cure the addiction is to rehabilitate the victims of drug abuse For law journal writing, the writer uses normative legal research with one character is using secondary data, where the data consists of primary legal materials, legal materials and secondary legal materials tertiary. And the theoretical foundation that is used is the law, norms and theories appropriate to the problem The results reveal the writing on the rehabilitation policy on Narcotics has been strictly regulated in Chapter IX legislation, policies were aimed at drug addicts and victims of drug abuse, arguing that victims of drug abuse is a victim of Crime narcotics and therefore the appropriate sanctions to be meted out to him is the rehabilitation of the victims will be able to return to society and become usefu
Diputra I. B. - One of the best experts on this subject based on the ideXlab platform.
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Kebijakan Rehabilitasi terhadap Penyalah Guna Narkotika pada Undang Undang Nomor 35 Tahun 2009 Tentang Narkotika
'School of Dentistry Faculty of Medicine Udayana University', 2013Co-Authors: Diputra I. B.Abstract:Positive law states, drug users are criminals because it has met the qualifications in the law of narcotics, narcotic offenses such as drug abuse in the study of criminology can be classified as a Crime without a victim or a Victimless Crime. This is because they will become dependent on illicit goods (narcotics), the way it deems appropriate to cure the addiction is to rehabilitate the victims of drug abuse For law journal writing, the writer uses normative legal research with one character is using secondary data, where the data consists of primary legal materials, legal materials and secondary legal materials tertiary. And the theoretical foundation that is used is the law, norms and theories appropriate to the problem The results reveal the writing on the rehabilitation policy on Narcotics has been strictly regulated in Chapter IX legislation, policies were aimed at drug addicts and victims of drug abuse, arguing that victims of drug abuse is a victim of Crime narcotics and therefore the appropriate sanctions to be meted out to him is the rehabilitation of the victims will be able to return to society and become usefu
Rochaeti Nur - One of the best experts on this subject based on the ideXlab platform.
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ANALISIS YURIDIS TEKNIK PEMBELIAN TERSELUBUNG DALAM TINDAK PIDANA NARKOTIKA BERDASARKAN UNDANG-UNDANG NO. 35 TAHUN 2009 TENTANG NARKOTIKA (STUDI KASUS DI POLDA JAWA TENGAH)
2018Co-Authors: Pambudi, Rilo Djaya, Soponyono Eko, Rochaeti NurAbstract:Penyalahgunaan narkotika tidak lagi merupakan kejahatan tanpa korban (Victimless Crime), melainkan sudah merupakan kejahatan yang banyak memakan korban dan bencana berkepanjangan untuk seluruh umat manusia di dunia. Dalam tindak pidana narkotika tersebut, harus dilakukan pengawasan dan pengendalian untuk menanggulangi penyalahgunaan narkotika di Indonesia. Berdasarkan Undang-Undang No. 35 Tahun 2009 tentang Narkotika aparat penegak hukum yang berwenang melakukan penyelidikan dan penyidikan dalam tindak pidana narkotika yaitu salah satunya Kepolisian Republik Indonesia. Salah satu kewenangan penyidikan yang diberikan kepada Kepolisian RI adalah melakukan teknik pembelian terselubung (undercover buy) yang telah diatur dalam Undang-Undang Narkotika.Dalam penulisan hukum kali ini, akan membahas mengenai kebijakan formulasi tentang tindak pidana narkotika di Indonesia, kemudian membahas mengenai kajian yuridis teknik pembelian terselubung dalam tindak pidana narkotika berdasarkan Undang-Undang No. 35 Tahun 2009 tentang Narkotika di Polda Jawa Tengah. Dalam penulisan hukum ini, penulis menggunakan metode pendekatan Yuridis-Normatif,dengan spesifikasi penelitian deskriptif-analitis. Data yang didapat bersifat primer, yaitu data yang diperoleh langsung dari lapangan, dan bersifat sekunder, yaitu data yang diperoleh dari studi kepustakaan. Data tersebut kemudian diolah secara kualitatif. Hasil penelitian mengenai kebijakan formulasi tentang tindak pidana narkotika di Indonesia saat ini diatur dalam Undang-Undang No. 35 Tahun 2009 tentang Narkotika, serta ketentuan peraturan hukum positif lainnya yang telah yang mengatur masalah narkotika. Analisis yuridis mengenai teknik pembelian terselubung (undercover buy) berdasarkan Undang-Undang Narkotika pada salah satu contoh kasus di Polda Jawa Tengah, pihak penyidik telah menerapkan teknik pembelian terselubung dalam proses penangkapan Rois Atanto (tersangka), namun dalam pelaksanaannya penggunaan Informan masih dilibatkan dalam proses penangkapan yang dimana tahap tersebut sudah termasuk dalam tahap penyelidikan. Penggunaan Informan dilakukan apabila telah mendapat izin dari atasan untuk keamanan Informan di kemudian hari
