_ Source: _Volume 13, Issue 6, pp 699 - 719 Moral blackmail is a wrongful strategy intended to force a person to perform an act by manipulating her circumstances so as to make it morally wrong for her to do anything else. The idea of moral blackmail can seem paradoxical, but moral blackmail is a coherent and indeed a familiar phenomenon. It has special significance for our intimate personal relationships and is often a force (...) within family dynamics. It is used to enforce power relationships within families, and in particular to uphold expectations that women and girls will do most of the work in caring for vulnerable family members. It is also used as a tool of policy makers, to transfer to families duties of care that would otherwise be discharged by the government or by society at large. It is an important but under-recognized source of ongoing manipulation and exploitation. (shrink)

Humans have binding moral obligations and the capacity to understand these obligations and to act upon them. Rarely do our moral obligations come to us under perfect circumstances. It seems necessary, then, that if the circumstances surrounding our moral decisions are imperfect, our obligations within an imperfect moral situation should be different from what they would be in a perfect scenario. This is true especially if the circumstances surrounding our moral obligation have been altered due (...) to no fault of our own. Ethical theorists speak often of moral dilemmas. However, I contend that such a thing as a true moral dilemma does not exist. There is always a choice that can be called the right choice. Regarding moral dilemmas, if an outside agent were to create a moral blackmail situation where a moral agent is forced to choose between two morally wrong actions, a moral agent still can make a morally right choice. (shrink)

In this paper I describe cases of moral blackmail as cases where A is told by B that if A does not commit an otherwise immoral act, B will commit an immoral act of equal or greater gravity. I describe cases of moral dilemma as cases where A must commit an otherwise immoral act to avert a natural disaster of equal or greater gravity. I then argue that cases of moral blackmail are structurally identical to (...) cases of moral dilemma in all respects but one: In cases of moral blackmail, A is predicting the free actions of a moral agent (B), whereas in cases of moral dilemma, A is predicting natural events. I conclude that cases of moral blackmail are more problematic than otherwise similar cases of moral dilemma for this reason alone. (shrink)

In this paper I describe cases of moral blackmail as cases where A is told by B that if A does not commit an otherwise immoral act, B will commit an immoral act of equal or greater gravity. I describe cases of moral dilemma as cases where A must commit an otherwise immoral act to avert a natural disaster of equal or greater gravity. I then argue that cases of moral blackmail are structurally identical to (...) cases of moral dilemma in all respects but one: In cases of moral blackmail, A is predicting the free actions of a moral agent (B), whereas in cases of moral dilemma, A is predicting natural events. I conclude that cases of moral blackmail are more problematic than otherwise similar cases of moral dilemma for this reason alone. (shrink)

In meeting legal or professional fiduciary obligations, a fiduciary can sometimes come to share a special moral relationship with her beneficiary. Special moral relationships produce special moral obligations. Sometimes the obligations faced by a fiduciary as a result of her moral relationship with her beneficiary go beyond the obligations involved in the initial fiduciary relationship. How such moral obligations develop is sometimes under the control of the beneficiary, or of an outside party. As a result, (...) the fiduciary can be the target of a distinctive kind of moral manipulation; it is sometimes possible to force a fiduciary to perform a particular act by placing her into circumstances under which she is morally obliged to perform it, because all her other options are morally unacceptable. This is moral blackmail. Moral blackmail is a powerful force within many sorts of human interactions. By understanding the ways in which fiduciaries become vulnerable to moral blackmail, we can better understand the pressures faced by fiduciaries in keeping their personal and professional lives separate, the dynamics of certain kinds of employment negotiations, and the injustice that results when women take on the bulk of the work within caring professions. (shrink)

In meeting legal or professional fiduciary obligations, a fiduciary can sometimes come to share a special moral relationship with her beneficiary. Special moral relationships produce special moral obligations. Sometimes the obligations faced by a fiduciary as a result of her moral relationship with her beneficiary go beyond the obligations involved in the initial fiduciary relationship. How such moral obligations develop is sometimes under the control of the beneficiary, or of an outside party. As a result, (...) the fiduciary can be the target of a distinctive kind of moral manipulation; it is sometimes possible to force a fiduciary to perform a particular act by placing her into circumstances under which she is morally obliged to perform it, because all her other options are morally unacceptable. This is moral blackmail. Moral blackmail is a powerful force within many sorts of human interactions. By understanding the ways in which fiduciaries become vulnerable to moral blackmail, we can better understand the pressures faced by fiduciaries in keeping their personal and professional lives separate, the dynamics of certain kinds of employment negotiations, and the injustice that results when women take on the bulk of the work within caring professions. (shrink)

Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and (...) contrary to the appearances which give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (shrink)

Asymmetric conflict is changing the way that we practise and think about war. Torture, rendition, assassination, blackmail, extortion, direct attacks on civilians, and chemical weapons are all finding their way to the battlefield despite longstanding international prohibitions. This book offers a practical guide for policy makers, military officers, students, and others who ask such questions as: do guerillas deserve respect or long jail sentences? Are there grounds to torture guerillas for information or assassinate them on the battlefield? Is there (...) room for nonlethal weapons to subdue militants and safeguard the lives of noncombatants? Who are noncombatants in asymmetric war? What is the status of civilians who shelter and aid guerillas? And, do guerillas have any right to attack civilians, particularly those who aid and shelter members of the stronger army? If one side can expand the scope of civilian vulnerability, then why can't the other? (shrink)

The European Legacy, Volume 17, Issue 5, Page 712, August 2012.

This chapter contains section titled: The Conceptual Paradox of Blackmail The Substantive Paradox.

In its reaction on the terroristic attacks of September 9th, 2001, the US-government threatened Afghanistan's Taleban with war in order to force them to extradite terrorist leader Bin Laden; the Taleban said that they would not surrender to this kind of blackmail – and so, they were removed from Kabul by means of military force. The rivalling versions of this story depend crucially on notions such as "terrorism" and "blackmail". Obviously you'll gain public support for your preferrend version (...) of the story if you are able to determine how those notions are to be used. So we had better reflect about their very meaning and about the moral implications of their proper usage. To gain a deeper understanding of our notions of "blackmail" and "terrorism" I shall propose an extreme thought experiment: Cassandra's plan. Cassandra foresees that sooner or later one of the nuclear powers might take the liberty to use atomic bombs. From fright she founds an NGO for blackmailing the statesmen who are in charge of nuclear weapons; she announces in public that all ministers and leaders of any government shall be hunted down, and executed, whose soldiers drop but one atomic bomb. (Cassandra's NGO keeps killer teams in constant training so as to increase the effect of the threat; this is being financiated from private donations). In my paper I shall raise two questions (without claiming to provide definite answers). First, would we have to say that Cassandra's NGO was a terrorist organisation? Second, would it be morally wrong if Cassandra blackmailed statesmen in the way indicated? (shrink)

There is no right to blackmail. So says the law and so say most moral observers. A few libertarian voices have been raised in defence of blackmail but such a defence is liable to be treated as a reductio of the defender's own free market philosophy. However, it is surprisingly difficult to say just what is wrong with blackmail.

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...) of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is (...) not the moral argument that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime. (shrink)

This essay was originally presented at the Rutgers Institute for Law and Philosophy as part of the Symposium on The Evolution of Criminal Law Theory. It is a Reply to Professor Donald Dripps’ politically-based justification for blackmail’s prohibition. Under Dripps’ account, by exacting payment from the victim blackmail is an impermissible form of private punishment that usurps the state’s public monopoly on law enforcement. This essay demonstrates that Dripps’ account is either under-inclusive or over-inclusive or both. Dripps’ account is (...) applied to a number of the standard blackmail scenarios by which theories of blackmail are typically assessed. Dripps’ account is under-inclusive by failing to treat as blackmail Victim-Welcomed Blackmail, Non-Monetary Blackmail, Rebuffed Blackmail, and Non-Informational Blackmail which the law considers as blackmail. And it is over-inclusive by treating as blackmail Victim-Initiated Exchange and Unconditional Disclosure which the law does not recognize as blackmail. (shrink)

“Teflon immorality’’ (or TI) is immorality that goes on unchecked—the wrongdoing is not stopped and its perpetrators, beyond the reach of punishment or other sanction, often persist in their immoral ways. The idea that the immoral prosper has been recognized as morally (and legally) disturbing presumably for as long as humanity has been reflective, and can be found already in the Bible. The reasons behind a great deal of successful immorality are important practically, but uninteresting philosophically. Sometimes, however, we face (...) events that are more interesting philosophically, and Teflon immorality results from oddities such as moral paradoxes and perversions. These, however, have remained largely unnoticed. I will outline a tentative survey of this topic. After showing its pervasiveness and importance, I will briefly reflect on its relevance to the way we should think about morality and about the means to further it, and confront possible objections. (shrink)

The practices of using hostages to obtain concessions and using human shields to deter aggression share an important characteristic which warrants a univocal reference to both sorts of conduct: they both involve manipulating our commitment to morality, as a means to achieving wrongful ends. I call this type of conduct “moral coercion”. In this paper I (a) present an account of moral coercion by linking it to coercion more generally, (b) determine whether and to what degree the coerced (...) agent is liable for the harms resulting from acceding to moral coercion, and (c) investigate factors relevant to determining whether we ought to accede to moral coercion. In so doing, I provide grounds for the intuition that we “allow evil to succeed” when we accede to moral coercion. (shrink)

?Moral Black? and Whitemail? is a study of those modes of action which involve what I propose to call ?a raising of the moral stakes?. Illustration: A wants B to do X, and B wants to do Y; so A creates a situation in which doing Y would either be morally objectionable or more objectionable than it would have been but for A's intervention. Such modes of action include all the varieties of moral blackmail as well (...) as such practices as those of returning good for evil, putting people on trust, and some kinds of non?violent resistance. I try to expose the distinguishing marks of moral blackmail, why it is thought so objectionable, and how it is related to these other practices that also involve a raising of the moral stakes. The study as a whole is intended to underline the ambiguous nature of human action. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory. Focussing on the way in which key white collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.

When a circular coin is rotated in depth, is there any sense in which it comes to resemble an ellipse? While this question is at the center of a rich and divided philosophical tradition (with some scholars answering affirmatively and some negatively), Morales et al. (2020, 2021) took an empirical approach, reporting 10 experiments whose results favor such perspectival similarity. Recently, Burge and Burge (2022) offered a vigorous critique of this work, objecting to its approach and conclusions on both philosophical (...) and empirical grounds. Here, we answer these objections on both fronts. We show that Burge and Burge’s critique rests on misunderstandings of Morales et al.’s claims; of the relation between the data and conclusions; and of the philosophical context in which the work appears. Specifically, Burge and Burge attribute to us a much stronger (and stranger) view than we hold, involving the introduction of “a new entity” located “in some intermediate position(s) between the distal shape and the retinal image.” We do not hold this view. Indeed, once properly understood, most of Burge and Burge’s objections favor Morales et al.’s claims rather than oppose them. Finally, we discuss several questions that remain unanswered, and reflect on a productive path forward on these issues of foundational scientific and philosophical interest. (shrink)

Arguably the most foundational principle in perception research is that our experience of the world goes beyond the retinal image; we perceive the distal environment itself, not the proximal stimulation it causes. Shape may be the paradigm case of such “unconscious inference”: When a coin is rotated in depth, we infer the circular object it truly is, discarding the perspectival ellipse projected on our eyes. But is this really the fate of such perspectival shapes? Or does a tilted coin retain (...) an elliptical appearance even when we know it’s circular? This question has generated heated debate from Locke and Hume to the present; but whereas extant arguments rely primarily on introspection, this problem is also open to empirical test. If tilted coins bear a representational similarity to elliptical objects, then a circular coin should, when rotated, impair search for a distal ellipse. Here, nine experiments demonstrate that this is so, suggesting that perspectival shapes persist in the mind far longer than traditionally assumed. Subjects saw search arrays of three-dimensional “coins,” and simply had to locate a distally elliptical coin. Surprisingly, rotated circular coins slowed search for elliptical targets, even when subjects clearly knew the rotated coins were circular. This pattern arose with static and dynamic cues, couldn’t be explained by strategic responding or unfamiliarity, generalized across shape classes, and occurred even with sustained viewing. Finally, these effects extended beyond artificial displays to real-world objects viewed in naturalistic, full-cue conditions. We conclude that objects have a remarkably persistent dual character: their objective shape “out there,” and their perspectival shape “from here.”. (shrink)

Consciousness and confidence seem intimately related. Accordingly, some researchers use confidence ratings as a measure of, or proxy for, consciousness. Rosenthal discusses the potential connections between the two, and rejects confidence as a valid measure of consciousness. He argues that there are better alternatives to get at conscious experiences such as direct subjective reports of awareness (i.e. subjects’ reports of perceiving something or of the degree of visibility of a stimulus). In this chapter, we offer a different perspective. Confidence ratings (...) in general, and metacognitive measures in particular, may offer important advantages over subjective ratings. The arguments we offer here are supported by empirical, practical and socio-strategic considerations. However, we do not suggest consciousness and confidence are interchangeable. We recognize the limitations of confidence ratings in some experimental designs and for some research questions. Nevertheless, we also address a potential conceptual link between consciousness and confidence that stems from Rosenthal’s very own work on mental quality space theory. (shrink)

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of linguistically (...) diverse societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

This edited volume presents a post-humanist reflection on education, mapping the complex transdisciplinary pedagogy and theoretical research while also addressing questions related to marginalised voices, colonial discourses, and the relationship between theory and practice. Exhibiting a re-imagination of education through themed relationalities that can transverse education, this cutting-edge book highlights the importance of matter in educational environments, enriching pedagogies, teacher-student relationships and curricular innovation. Chapters present contributions that explore education through various international contexts and educational sectors, unravelling educational implications with (...) reference to the climate change crisis, migrant children in education, post-pandemic education, feminist activisism and other emergent issues. The book examines the ongoing iterations of the entanglement of colonization, modernity, and humanity with education to propose a possibility of education capable of upholding heterogeneous worlds. Curated with a global perspective on transversal relationalities and offering a unique outlook on posthuman thoughts and actions related to education, this book will be an important reading for students, researchers and academics in the fields of philosophy of education, sociology of education, post humanism and new materialism, curriculum studies, and educational research. (shrink)

Volume 47, Issue 3, November 2018, Page 467-472.

El fenómeno originario de la pertenencia explicita uno de los problemas fundamentales de la tradición filosófica continental: la relación cuerpo-mundo. Dicha relación se ha construido tradicionalmente a partir de la propia mismidad del sujeto (Yo) o de su corporalidad, afirmando que es porque tengo un cuerpo que puedo decir que pertenezco a un mundo. Ante esta problemática se alza una fenomenología de la pertenencia propuesta por R. Barbaras, la cual expresa la necesidad de re-pensar la concepción de la subjetividad, así (...) como la necesidad de una inversión en la relación cuerpo-mundo a partir de la pertenencia al mundo del propio sujeto. Ahí es donde aparece el verdadero sentido y alcance ontológico de la experiencia del cuerpo puesto que tener un cuerpo no significa otra cosa más que pertenecer y la aparición sólo podrá darse desde dentro del mundo, a partir de nuestra inscripción en él. Así, la ecología corporal constituirá un ejemplo específico que muestra el alcance de dicha inversión y explicitará el parentesco ontológico entre el cuerpo y el mundo. (shrink)

In this paper we address the problem of short-term electric energy prediction using a time series forecasting approach applied to data generated by a Paraguayan electricity distribution provider. The dataset used in this work contains data collected over a three-year period. This is the first time that these data have been used; therefore, a preprocessing phase of the data was also performed. In particular, we propose a comparative study of various machine learning and statistical strategies with the objective of predicting (...) the electric energy consumption for a given prediction horizon, in our case seven days, using historical data. In this paper we have tested the effectiveness of the techniques with different historical window sizes. Specifically, we considered two ensemble strategies, a neural network, a deep learning technique and linear regression. Moreover, in this study, we tested whether the inclusion of meteorological data can help achieve better predictions. In particular, we considered data regarding temperature, humidity, wind speed and atmospheric pressure registered during the three-year period of data collection. The results show that, in general, the deep learning approach obtains the best results and that such results are obtained when meteorological data are also considered. Moreover, when meteorological data is used, a smaller historical window size is required to obtain precise predictions. (shrink)

ABSTRACT The phrase “Enlightenment rhetoric” typically denotes discourses bent on rejecting classical oratorical styles in favor of purportedly scientific ones. Likewise, scholars often associate Enlightenment rhetorical styles with the scientific epistemologies that emerged in the seventeenth and eighteenth centuries. This article reconsiders Enlightenment rhetoric by analyzing David Hume’s 1742 essay “Of Eloquence.” More specifically, the article argues that the Scottish Enlightenment context necessitated a rhetoric that compensated for the discursive limitations of new scientific worldviews. In so doing, the article argues (...) that Hume verbalizes the transcendent dimension of classical eloquence in ways commensurate with the emphasis on perspicuity emerging in English culture, a rhetorical maneuver that the author calls discursive transcendence. Hume’s “Of Eloquence” thus serves as a case study demonstrating how an Enlightenment writer advanced a rhetoric that both rejects and pulls from prior rhetorical traditions, constituting a new understanding of Enlightenment rhetoric. (shrink)

The picture of classical antiquity most of us learned in school is framed in certain ways -- glossing over misogyny while omitting the seeds of feminist resistance. Many of today's harmful practices, like school dress codes, exploitation of the environment, and rape culture, have their roots in the ancient world. But in Antigone Rising, classicist Helen Morales reminds us that the myths have subversive power because they are told -- and read -- in different ways. Through these stories, whether it's (...) Antigone's courageous stand against tyranny or the indestructible Caeneus, who inspires trans and gender queer people today, Morales uncovers hidden truths about solidarity, empowerment, and catharsis. Antigone Rising offers a fresh understanding of the stories we take for granted, showing how we can reclaim them to challenge the status quo, spark resistance, and rail against unjust regimes. (shrink)