The doctor is asking for money (payment for surgery) and saying the patient will die otherwise. So, what’s the difference?
Visiting a doctor means you’re consulting a medical expert and asking for an expert opinion. Properly speaking, the doctor is giving a prognosis that you’re likely to die, and is suggesting a course of treatment. Statements like that are part of the medical profession and can be reasonably expected in the course of ordinary medical consultation.
Now, if the doctor is abusing his position and trying to frighten the patient into paying for unnecessary treatment, then he could be charged with fraud. If he’s threatening to kill the patient unless money is paid, then that’s extortion.
The main point is that the doctor is an expert, is being asked for an expert opinion, has grounds for predicting the death of the patient, and is recommending a course of action that would prevent that death.
In the oracle’s case, asking for money and predicting the death have no clear relationship, The oracle isn’t receiving payment for services rendered. The sole purpose of the oracle’s statement is to frighten someone else into giving the oracle money while getting nothing in return. If the oracle decided to, say, charge money upfront to tell people when they would die, that’s a different story.
I’m sure someone can discover a loophole in the above. I’m a layman, not a jurist. However, even in real life there are people who get paid good money to find and exploit loopholes.
You’re walking down the street when an unknown woman approaches you. She looks at you carefully and says “I’m a doctor and you are ill. The illness is fatal unless you immediately go a hospital and have operation/treatment X. If you don’t do this, you will die.” Then she turns around and walks away.
I’d say that the main point is that the doctor pays a cost to help you, where a blackmailer would pay a cost to hurt you. If you never pay, the blackmailer has no incentive to hurt you and you’d be fine, but the doctor would have no incentive to help you and you’d die.
Here’s where jurisprudence gets fun.
The doctor is asking for money (payment for surgery) and saying the patient will die otherwise. So, what’s the difference?
Visiting a doctor means you’re consulting a medical expert and asking for an expert opinion. Properly speaking, the doctor is giving a prognosis that you’re likely to die, and is suggesting a course of treatment. Statements like that are part of the medical profession and can be reasonably expected in the course of ordinary medical consultation.
Now, if the doctor is abusing his position and trying to frighten the patient into paying for unnecessary treatment, then he could be charged with fraud. If he’s threatening to kill the patient unless money is paid, then that’s extortion.
The main point is that the doctor is an expert, is being asked for an expert opinion, has grounds for predicting the death of the patient, and is recommending a course of action that would prevent that death.
In the oracle’s case, asking for money and predicting the death have no clear relationship, The oracle isn’t receiving payment for services rendered. The sole purpose of the oracle’s statement is to frighten someone else into giving the oracle money while getting nothing in return. If the oracle decided to, say, charge money upfront to tell people when they would die, that’s a different story.
I’m sure someone can discover a loophole in the above. I’m a layman, not a jurist. However, even in real life there are people who get paid good money to find and exploit loopholes.
You added a lot of assumptions.
Let me rephrase the example to sharpen the point:
You’re walking down the street when an unknown woman approaches you. She looks at you carefully and says “I’m a doctor and you are ill. The illness is fatal unless you immediately go a hospital and have operation/treatment X. If you don’t do this, you will die.” Then she turns around and walks away.
Did she just threaten you?
I’d say that the main point is that the doctor pays a cost to help you, where a blackmailer would pay a cost to hurt you. If you never pay, the blackmailer has no incentive to hurt you and you’d be fine, but the doctor would have no incentive to help you and you’d die.