While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

Stuart White and others claim that providing welfare benefits to citizens who do not, and are not willing to, work breaches the principle of reciprocity. This, they argue, justifies placing a minimum work requirement on welfare recipients. This article seeks to rebut their claim. It begins by rejecting the attempt to ground the work requirement on a civic obligation to work. The article then explores the principle of reciprocity, and argues that the practice of reciprocity depends on the particular conception (...) of distributive justice adopted. An examination of different interpretations of egalitarian justice and their corresponding patterns of reciprocity demonstrates that unconditional welfare benefits are compatible with, and sometimes even warranted by, the principle of reciprocity. Thus, imposing a work requirement on welfare recipients is by no means a mandate of reciprocity. Key Words: contractualism • unconditional basic income • reciprocity • welfare state • work. (shrink)

In this paper we ask whether liberal egalitarians can endorse workfare policies that require that welfare recipients should work in return for their welfare benefits. In particular, we focus on the fairness-based case for workfare, which holds that people should be responsible for their own welfare since they would otherwise impose unfair costs on others. Two versions of the fairness-based case are considered: The first defends workfare on the grounds that it would form part of an unemployment insurance scheme that (...) individuals would endorse under certain hypothetical conditions that are salient for the purposes of determining just public policy. The second appeals to the notion of reciprocity in order to justify the requirement that people work for their benefits. We cast doubt on both of these arguments for workfare. Neither argument shows that the unconditional provision of welfare benefits is unjust; hence, the fairness case for workfare is inconclusive. (shrink)

We investigated the effect of culture, moral discourse, and motivation to engage in prosocial behavior on benefactors’ positive affect. Participants from three cultures responded to scenarios in which they could perform small acts of kindness for different targets. A stronger relationship between agentic and obligated motivation to perform acts of kindness, as well as between obligated motivation and positive affect, was observed for participants from Japan, and for individuals with higher endorsement of the Community Ethic. Agentic motivation to engage in (...) prosocial behavior was related to benefactors’ positive affect, regardless of relationship type. (shrink)

If there is a duty of justice to contribute to society, which asks individuals to produce a specific amount of goods and services that can be redistributed, we need a decision-procedure to know when we have done our part. This paper analyses and critically assesses the commonly suggested decision-procedure of relying on market prices to measure the value of one’s contribution. It is usually assumed that a high salary indicates that one’s talents are put to good use, but this presupposes (...) both that market prices of labour are correct reflections of supply and demand, and that market prices are correct reflections of social value. I criticise both assumptions and argue that the social value of a contribution cannot simply be a function of its market value, but is also influenced by the principles of justice that support the duty to contribute. Further, the market solution is incapable of valuing contributions that lack market prices, like non-marketised care labour. The market solution thus fails as a decision-procedure under other than special circumstances. This does not mean, however, that we need to give up the idea of a duty to contribute. (shrink)

Most advanced industrial societies are ‘work-centered,’ according high value and prestige to work. Indeed, belief in an interpersonal moral duty to work is encoded in both popular attitudes toward work and in policies such as ‘workfare’. Here I argue that despite the intuitive appeal of reciprocity or fair play as the moral basis for a duty to work, the vast majority of individuals in advanced industrialized societies have no such duty to work. For current economic conditions, labor markets, and government (...) policies entail that the conditions for a reciprocity-based argument to apply to most workers are not usually met. More specifically, many workers fail to provide valuable goods through working or their working does not result in net social benefit. Concurrently, many workers do not receive adequate benefits from working in that they neither have their basic needs met or do not even enjoy an improvement in welfare thanks to working. Hence, workers neither provide nor receive the benefits needed for a reciprocity-based duty to work to apply to them. Furthermore, these conditions are conditions over which workers themselves have very little control. Most workers therefore could not fulfill their ostensible duty to work even if they made conscientious efforts to do so. In most cases, a person who fails to work morally wrongs no one, and in the case of any particular individual or worker, the defeasible presumption ought to be that she has no duty to work. (shrink)

According to the commonsense view of civic virtue, the places to exercise civic virtue are largely restricted to politics. In this article, I argue for a more expansive view of civic virtue, and argue that one can exercise civic virtue equally well through working for or running a for-profit business. I argue that this conclusion follows from four relatively uncontroversial premises: (1) the consensus definition of “civic virtue”, (2) the standard, most popular theory of virtuous activity, (3) a conception of (...) the common good widely shared by liberal political philosophers, and (4) the mainstream economic theory of for-profit business. (shrink)

Any liberal argument for incorporating meaningful work within a theory of justice inherits a burden of proof to show why it does not fall to the objection that privileging the work process valorizes particular ideas about the good and thereby unfairly privileges some persons over others. Existing liberal defences of meaningful work, which rely on the formative effects of work in contemporary economies, have a limited scope of appeal and do not provide a convincing reply to the objection. The paper (...) offers an alternative reply by arguing that meaningful work, understood as a person-engaging social contribution, is intimately connected through reciprocity to the fundamental political idea of society as a system of cooperation between free and equal participating members. This makes the opportunity to engage in meaningful work a social basis of self-respect. (shrink)

Introduction Conceptual Distinctions: Work, Labor, Employment, Leisure The Value of Work and the ‘Anti-Work’ Critique Work, Meaning, and Dignity Work and Distributive Justice Work and Contributive Justice Work and Productive Justice Work and its Future BIBLIOGRAPHY .