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Articles 1 - 12 of 12
Full-Text Articles in Law
Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax
Social Welfare, Human Dignity, And The Puzzle Of What We Owe Each Other, Amy L. Wax
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Proponents of work-based welfare reform claim that moving the poor from welfare to work will advance the goals of economic self-reliance and independence. Reform opponents attack these objectives as ideologically motivated and conceptually incoherent. Drawing on perspectives developed by luck egalitarians and feminist theorists, these critics disparage conventional notions of economic desert, find fault with market measures of value, debunk ideals of autonomy, and emphasize the pervasiveness of interdependence and unearned benefits within free market societies. These arguments pose an important challenge to justifications usually advanced for work-based welfare reform. Reform proponents must concede that no member of society can …
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang
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The immigration of unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of unskilled …
Justification And Excuse, Law And Morality, Mitchell N. Berman
Justification And Excuse, Law And Morality, Mitchell N. Berman
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Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs …
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
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Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz
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Legal doctrine exhibits some striking temporal anomalies, previously not much adverted to. Wrongdoing looked at before it has occurred, and after is has occurred, is apt to look very different. I take up the two key components of wrongdoing seriatim, the harm-portion and the misconduct-portion: the "damage" part and the "liability" part. We tend to look at harm in a harm-agnifying way before it has occurred, and in a harm-inimizing way afterwards. We thus tend to think about negligence and the harm it wreaks in seemingly inconsistent ways. I examine and reject some possible explanations of this. Misconduct too looks …
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
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No abstract provided.
Harm, History, And Counterfactuals, Stephen R. Perry
Harm, History, And Counterfactuals, Stephen R. Perry
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No abstract provided.
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
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No abstract provided.
Inevitable Mens Rea, Stephen J. Morse
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
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No abstract provided.
Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen
Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen
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No abstract provided.
Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration Restrictions As Employment Discrimination, Howard F. Chang
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In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …