Abstract
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.
| Original language | English |
|---|---|
| Pages (from-to) | 849-869 |
| Number of pages | 21 |
| Journal | International Journal of Constitutional Law |
| Volume | 18 |
| Issue number | 3 |
| DOIs | |
| State | Published - 1 Oct 2020 |
All Science Journal Classification (ASJC) codes
- Law