Abstract
Abstract. The welfare state raises questions concerning the just distribution of benefits. The proceeds from tort liability and insurance supplementing or replacing such liability are benefits that must be included in this context. The author argues that neither distribution based solely on the needs of various persons injured nor considerations of economic efficiency are sufficient. Commutative justice must be considered relevant as well. The ultimate valuations cannot be justified by rational arguments alone but such arguments must be taken into account in order to reach legitimate results.
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