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	<title>Comments on: Should Blackmail Be Decriminalized?</title>
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		<title>By: Moi</title>
		<link>http://larryherzberg.com/wordpress/2009/04/19/should-blackmail-be-decriminalized/comment-page-1/#comment-10793</link>
		<dc:creator>Moi</dc:creator>
		<pubDate>Sat, 25 Apr 2009 03:43:31 +0000</pubDate>
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		<description>Okay, so this one&#039;s a head-scratcher (which is obviously why it was a philosophy convention topic).  If one condition of exploitation is LEGAL -- like collective bargaining -- but a similar condition is not, why not?    As you note, there are power asymmetries to consider.

So then I start to compare two more closely related conditions -- i.e., paying hush money to keep some one quiet about an affair vs. paying money to keep some one quiet about a career-threatening medical condition  -- then it gets interesting.  

In the closer conditions, would paying hush $$ (because I feared exploitation) be an okay-this-should-be-a-legal thing to do?  I mean, if it were me in that position (i.e., feeling compelled to pay), I&#039;d say, &quot;I have no choice.  I&#039;m protecting myself.&quot;  And there&#039;s the rub, because the real question isn&#039;t that.  It&#039;s why would I feel as if I have to pay some one off in the first place?

In a world once filled with five minute, sociopathic millionaires (they&#039;ve all gone broke recently), the rule of law is about the only compass around for them, since they often lack the internal compass.  So if it isn&#039;t spelled out in the law -- i.e., there might be punishment for performing a selfish, reprehensible act of exploitation for self gain -- then they might perform the action.  [Heck, it&#039;s great for them..  Why not?  It&#039;s the American way...]

So that leaves me with your conclusion.  There&#039;s that old hackneyed axiom, &quot;Two wrongs don&#039;t make a right&quot;.  And in this case, I don&#039;t see legalizing blackmail as a valid argument.  Rather, I think we might want to look at making certain conditions of exploitation ILLEGAL, not LEGAL.  (Of course, that opens a whole other issue of law enforcement, but that&#039;s for another blog entry...)

And yet, then again (disclaimer, disclaimer, disclaimer), I didn&#039;t hear the speech and I&#039;m just reading your blog&#039;s take on the arguments presented...</description>
		<content:encoded><![CDATA[<p>Okay, so this one&#8217;s a head-scratcher (which is obviously why it was a philosophy convention topic).  If one condition of exploitation is LEGAL &#8212; like collective bargaining &#8212; but a similar condition is not, why not?    As you note, there are power asymmetries to consider.</p>
<p>So then I start to compare two more closely related conditions &#8212; i.e., paying hush money to keep some one quiet about an affair vs. paying money to keep some one quiet about a career-threatening medical condition  &#8212; then it gets interesting.  </p>
<p>In the closer conditions, would paying hush $$ (because I feared exploitation) be an okay-this-should-be-a-legal thing to do?  I mean, if it were me in that position (i.e., feeling compelled to pay), I&#8217;d say, &#8220;I have no choice.  I&#8217;m protecting myself.&#8221;  And there&#8217;s the rub, because the real question isn&#8217;t that.  It&#8217;s why would I feel as if I have to pay some one off in the first place?</p>
<p>In a world once filled with five minute, sociopathic millionaires (they&#8217;ve all gone broke recently), the rule of law is about the only compass around for them, since they often lack the internal compass.  So if it isn&#8217;t spelled out in the law &#8212; i.e., there might be punishment for performing a selfish, reprehensible act of exploitation for self gain &#8212; then they might perform the action.  [Heck, it's great for them..  Why not?  It's the American way...]</p>
<p>So that leaves me with your conclusion.  There&#8217;s that old hackneyed axiom, &#8220;Two wrongs don&#8217;t make a right&#8221;.  And in this case, I don&#8217;t see legalizing blackmail as a valid argument.  Rather, I think we might want to look at making certain conditions of exploitation ILLEGAL, not LEGAL.  (Of course, that opens a whole other issue of law enforcement, but that&#8217;s for another blog entry&#8230;)</p>
<p>And yet, then again (disclaimer, disclaimer, disclaimer), I didn&#8217;t hear the speech and I&#8217;m just reading your blog&#8217;s take on the arguments presented&#8230;</p>
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