tag:blogger.com,1999:blog-5776375569387669394.post7717188293989341922..comments2023-10-19T10:43:38.825-04:00Comments on Free Advice: Crimes vs. Sins: Letterman's BlackmailerBob Murphyhttp://www.blogger.com/profile/04001108408649311528noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-5776375569387669394.post-90349021793110300882009-10-06T15:19:37.522-04:002009-10-06T15:19:37.522-04:00Isn't adultury breach of the marriage contract...Isn't adultury breach of the marriage contract? Assuming that the vows made during the marriage included fidelity. Therefore it could be punished legally.Dirkhttps://www.blogger.com/profile/11936758472496849670noreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-29727188878916670282009-10-05T20:50:41.008-04:002009-10-05T20:50:41.008-04:00I've been going back and forth with my wife ab...I've been going back and forth with my wife about this. I actually brought up the same points you made the other night and my wife (who is a lawyer) made some excellent points.<br /><br />The most compelling of which was that any contract entered into by Letterman at the hands of the blackmailer would certainly have been under duress. And, under contract law, this could never be a valid contract, right?<br /><br />Anyway, I think that in the case of Letterman approaching the potential blackmailer -- i.e. someone that he knew had incriminating information -- and offering money to keep it quiet. I think that'd be fine (full disclosure that, unlike my wife, I'm not a lawyer). But for it to go the other way? I think that's always coercion.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-15566300040448306772009-10-05T09:50:24.560-04:002009-10-05T09:50:24.560-04:00(xposted from my blog)
If its the government'...(xposted from my blog)<br /><br />If its the government's job to enforce contracts (even private, secret contracts) but the government makes those contracts illegal, than it makes it more likely that a blackmail agreement would blow up in the way that Bob describes. <br /><br />This is probably why Letterman didn't pay the blackmailer... there's no guarantee that he would have kept his silence. If there was a court that would enforce these agreements, however, than both parties could have been happy.Zacharyhttp://fs.pkheavy.comnoreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-88078961710573728132009-10-04T16:07:07.409-04:002009-10-04T16:07:07.409-04:00"Give me some money or I'll stab you.&quo..."Give me some money or I'll stab you."<br /><br />Isn't that the source of government's power?Doughttp://www.liveloud.netnoreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-70040938380252927552009-10-03T17:27:56.640-04:002009-10-03T17:27:56.640-04:00Now if, say, you start to work for a company, and ...<i>Now if, say, you start to work for a company, and you sign all kinds of non-disclosure agreements, then it could be a crime if you demand hush money from them to keep your mouth shut about their secret trading strategies</i><br /><br />This comment is probably superfluous, but should be stressed that the principle of the matter here is the breach of contract. I mean, if you gave the secret away for free, that would not make it any less of a crime.<br /><br />I wonder what rationales you could come up with to try to defend blackmail laws. Maybe to remove the incentive of collecting dirty secrets from people... In this case, the extortionist could make a bunch of money by selling the secret to the public, but in many cases, there are only a handful of people interested in buying the secret, and, because of information asymmetries, you may only be in practice restricted to selling the secret to the subject himself (I mean, in the act of selling photos to a wife of his cheating husband you already reveal the misdeed).<br />Hey, I personally don't even see the need for the state to enforce contract laws (in a big anonymous society honor could be constructed and transmitted like credit rating is). Just trying to make some sense of blackmail laws...BlackSheepnoreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-20904467786864948512009-10-03T17:10:28.988-04:002009-10-03T17:10:28.988-04:00Well said. And in such a concise and interesting m...Well said. And in such a concise and interesting manner, too. I knew there was a reason I keep coming back to your site, Bob. ;)Brandon Robisonhttps://www.blogger.com/profile/08968950926343949712noreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-36438456064190465922009-10-03T16:52:10.196-04:002009-10-03T16:52:10.196-04:00I agree completely.
sadly, these types of behavio...I agree completely.<br /><br />sadly, these types of behaviors become crimes because enough people believe they can change or eliminate that behavior through punishment, and they turn to the long arm of the State to institutionalize it.Unknownhttps://www.blogger.com/profile/04781322282802033358noreply@blogger.comtag:blogger.com,1999:blog-5776375569387669394.post-89195004459583290582009-10-03T16:44:49.667-04:002009-10-03T16:44:49.667-04:00Great points.Great points.Aristoshttps://www.blogger.com/profile/12682742018107902779noreply@blogger.com