Postmodernism, a poorly defined term, is nevertheless influencing art, architecture, literature and philosophy. And despite its definitional ambiguities, some philosophers see in postmodernism a reason for the rise and interest in business ethics. This view is challenged on two grounds: (I) its philosophical source in Europe; and (2) its vocabulary. Martin Heidegger, one of the major forces in postmodernism’s rise, left a confusing legacy. In his early years, Heidegger advocated moral subjectivism; in his later years, he argued that moral standards (...) could be found in the lives of human gods whose pronouncements would replace the precepts of a Western Civilization he found decadent.Contemporary postmodernism seems to take inspiration from the views of both the younger and older Heidegger even though he, himself, saw contradictions between them. The confusion is compounded by incorporation of Neitzsche’s God-is-dead thesis into Heideggerian thought, thereby, confronting philosophers with a dilemma: if God is out of the picture, and if objective rules derived from human nature do not exist, what human gods can lead us? Will they come from a political or cultural elite? How should we know them? Why should we trust them? Unless-and until-these questions are answered, it is unwise to build business ethics on a postmodern foundation.Another-and seemingly insignificant-reason for rejecting postmodernism ethics is the esoteric vocabulary used by its expositors to advance it. More jargon will not help philosophers who try to respond to moral questions raised by business managers themselves. (shrink)

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)