Reading Comprehension

PT135 · S3 · P3 · Q19 Blackmail Laws

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The following passages are adapted from articles recently published in North American law review journals.

Topic

The legal reasoning behind why blackmail is (or isn't) considered a crime in different legal traditions.

Framework

Present Debate (two approaches to blackmail: North American law grapples with a "paradox," while Roman law frames blackmail differently)

Main Point

Passage A: Blackmail is paradoxical in North American law because it combines two legal actions into an illegal one, but its criminality can be justified by the misuse of third-party leverage. *(Most valuable sentences: , and )* Passage B: Roman law avoided the blackmail paradox by valuing whether actions caused harm, not just their legality, and placed the burden on the possessor of shameful information to justify disclosure, even if the information was true.

P1A: Blackmail Paradox Introduced

Both the U.S. and Canadian laws find blackmail odd because it criminalizes two actions (asking for money and threatening to disclose information) that are each legal on their own, raising the question: why is their combination illegal?

P2A: Problems Without a Theory

Because legal theory hasn't satisfactorily explained blackmail, laws are overly broad and rely on prosecutors to use discretion in enforcement.

P3A: Author’s Solution: Third-Party Leverage

The real issue with blackmail is its “triangular” structure—the blackmailer uses a threat of outside harm (like state prosecution or public shame) as leverage, which is why it should be criminalized.

19.

The relationship between the ways in which Canadian and U.S. common law and classical Roman law treat blackmail, as described in the passages, is most analogous to the relationship between which one of the following pairs?

  1. One country legally requires anyone

    Opposite

    The first law, representing the CA / USA system, is more restrictive than the second one. That would be the opposite of what we're looking for. One country (ROME) requires that anyone revealing shameful info about someone else have a legitimate, publicly-endorsed reason for doing so; another country (CA / USA) has no such requirement (free speech allows you to reveal it).

    11% picked this

  2. One country makes it illegal

    Bad Second Half

    If the second half were saying, "the other country makes it illegal to use cell phones at all", that would be closer. The illegal thing in common to both systems is "revealing shameful info". In the US/CA system, you can do that by default, but not if it's for your personal gain. In the Roman system, you can't do that by default.

    4% picked this

  3. One country legally allows many

    Wrong Distinction

    The difference here is about whether there are lots of loopholes and exceptions vs. very few. In one sense, this is appealing because the latter seems more restrictive and Rome's laws regarding free speech are more restrictive. But it doesn't seem a great match. The US/CA notions of free speech are pretty much that it's unlimited (as long as you're not blackmailing someone). It's not like more free speech is allowed in US/CA because of loopholes or exceptions. It's just the default position of US/CA is that you can say what you want (in most circumstances) and the default position of Rome is that you can't say what you want if it's going to be harmful to someone else (in most circumstances).

    7% picked this

  4. Correct

    One country makes it illegal

    Why this is right

    The second one is more restrictive: "by default, you can't have guns, unless you have some legitimate public purpose". The first one is less restrictive: "by default, you can have guns, but not if you combine it with being a felon". The second matches Rome: "by default, you can't reveal shameful info, unless you have some legit public purpose" The first matches CA / USA: "by default, you can reveal shameful info, but not if you combine it with extorting for money."

    Skill tested: Analogy · how this choice captures the passage's function is the move to repeat next time.

    53% picked this

  5. One country makes it illegal

    Bad Second Half

    If the first law, representing the CA / USA system, is saying "motorcycles are okay by default, but not when you combine them with racing-grade engines", then the second law would need to say "motorcycles are not allowed, unless you have some legit public reason to need one."

    25% picked this

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