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Post 20

Sunday, November 22, 2009 - 11:08pmSanction this postReply
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In reply to Ted's question on libel and slander, I haven't thought much about this issue. I tend to think that if you deliberately misrepresent someone's character and thereby cause the person an economic loss, it constitutes a form of force. It's kind of like fraud. If you defraud someone, you force him to give you something that he wouldn't have given you if he knew the truth (that you weren't going to pay him what you had agreed to). If you libel or slander someone, you force others to abstain from dealing with him, which they wouldn't do if they knew the truth about him, his character or his product.

Libel or slander is the other side of the fraudulent coin. You're defrauding those who, if they knew the truth, would gain a value that they're otherwise prevented from gaining as a result of the misrepresentation. You're denying them their due, just as in simple fraud, the victim is being denied his due.

That's off the top of my head. Upon further scrutiny, this may turn out not to be a valid argument. I'd need to give it more thought.

In reply to Jordan, I suppose Objectivism would say that selling heroin to a heroin addict or booze to an alcoholic is a violation of the Objectivist ethics, if only because you're enabling someone who is hell bent on harming himself.

- Bill

Post 21

Monday, November 23, 2009 - 9:00amSanction this postReply
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Eh, I agree with your conclusion Bill, but I don't think I agree with your reasoning entirely. I don't claim to be an expert on this issue either, though.

Bill: "If you libel or slander someone, you force others to abstain from dealing with him, which they wouldn't do if they knew the truth about him, his character or his product."

If you falsely accuse someone of something and other people choose not to deal with that person as a result, I can't see how you've "forced" them not to deal with him. They could still choose to deal with that person anyway, despite what you've said/written, right? This is in contrast to laws that people could choose to break but would then have punishment imposed on them by the government. That's a case of force, which may or may not be morally justified depending on the nature of the offense that someone has been charged with committing.

What you've done in the case of defamation, however, is offer people an invalid reason to shun the person you've defamed. You've deceived them with false information, thereby undermining their capacity to make a rational decision. If someone can prove that has caused actual economic harm--which is a necessary condition for any defamation judgment--then you're responsible for that person's loss and should owe that person restitution.

Post 22

Monday, November 23, 2009 - 11:31amSanction this postReply
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Just this specific issue has been addressed here in the thread for the slander and libel poll. You might want to read the discussion and post there.

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