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The Roman Law of Blackmail

Authors: Helmholz, Richard H.;

The Roman Law of Blackmail

Abstract

Abstract The legal “puzzle” raised by modern blackmail is that although it is lawful to disseminate harmful information about another person, just so long as the information is true, it is unlawful to extort money by making threats to do so. Roman law took a different approach. It was unlawful to reveal the harmful information unless the speaker could show a privilege to speak, usually that the public interest would be served by the revelation. For this reason, it was unlawful to threaten to do so unless such a privilege existed. This paper traces the Roman law way of thinking about blackmail into the Middle Ages and beyond, showing that it persisted even in the English common law.

Country
United States
Related Organizations
Keywords

Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
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