TY - JOUR
T1 - The morality of "get-threats"
T2 - Withholding divorce as extortion
AU - Rivlin, Ram
N1 - Publisher Copyright:
© 2021 The Author(s).
PY - 2020/10/1
Y1 - 2020/10/1
N2 - Threatening to withhold Jewish divorce in order to extract concessions, which I term here the "get-threat,"is widely regarded as extortionist. Yet this view is commonly associated with skepticism towards agreements stemming from unequal bargaining power, or with a progressive view of the proper divorce regime. Building on contemporary discussions of what is known as "the paradox of blackmail"this article argues that in many cases get-threats should be regarded as simple cases of extortion even by libertarians and conservatives. It then presents and analyzes the best possible statement of defense for the practice of get-threats, designed for the "reasonable reactionary,"showing that even from that point of view get-threats should be limited in scope and magnitude to a narrow range of cases of justified, reasonable demands. The article thus offers both a precise analysis of a longstanding debate and a normative argument for its proper resolution.
AB - Threatening to withhold Jewish divorce in order to extract concessions, which I term here the "get-threat,"is widely regarded as extortionist. Yet this view is commonly associated with skepticism towards agreements stemming from unequal bargaining power, or with a progressive view of the proper divorce regime. Building on contemporary discussions of what is known as "the paradox of blackmail"this article argues that in many cases get-threats should be regarded as simple cases of extortion even by libertarians and conservatives. It then presents and analyzes the best possible statement of defense for the practice of get-threats, designed for the "reasonable reactionary,"showing that even from that point of view get-threats should be limited in scope and magnitude to a narrow range of cases of justified, reasonable demands. The article thus offers both a precise analysis of a longstanding debate and a normative argument for its proper resolution.
UR - http://www.scopus.com/inward/record.url?scp=85104955573&partnerID=8YFLogxK
U2 - 10.1093/icon/moaa063
DO - 10.1093/icon/moaa063
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AN - SCOPUS:85104955573
SN - 1474-2640
VL - 18
SP - 849
EP - 869
JO - International Journal of Constitutional Law
JF - International Journal of Constitutional Law
IS - 3
ER -