According to the Beneficiary Pays Principle, innocent beneficiaries of an injustice stand in a special moral relationship with the victims of the same injustice. Critics have argued that it is normatively irrelevant that a beneficiary and a victim are connected in virtue of the same unjust 'source'. The aim of this paper is to defend the Beneficiary Pays Principle against this criticism. Locating the principle against the backdrop of corrective justice, it argues that the principle is correct in saying that (...) innocent beneficiaries of an injustice may have an extra reason to assist the victims of that injustice. This is because it may be necessary to defeat the immoral plan of the perpetrator of the injustice and because it may satisfy weak restitution. The conclusion is that the principle is distinctive from related views, such as that property should be returned to its rightful owner or that tainted benefits should be given up for general use. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

It is common to focus on the duties of the wrongdoer in cases that involve injustice. Presumably, the wrongdoer owes her victim an apology for having wronged her and perhaps compensation for having harmed her. But, these are not the only duties that may arise. Are other beneficiaries of an injustice permitted to retain the fruits of the injustice? If not, who becomes entitled to those funds? In recent years, the Connection Account has emerged as an influential account that purports (...) to explain cases such as Embezzlement. This account holds that benefiting from injustice can give rise to a corrective duty - that is, a duty of compensation - owed specifically to the victim of the injustice from which the recipient benefits. This duty is grounded in the connection between the victim and the beneficiary of a given injustice. This paper has two aims. First, I show that we must reject the Connection Account on the grounds that it risks failing correctly to identify those who become entitled to the fruits of injustice. I achieve this by developing and defending the fairness objection. Second, I offer an alternative account: the Moral Taintedness Account. This account states that, when identifying who is entitled to the fruits of injustice, the cause and the degree of the harm suffered by a victim are both relevant considerations, though it does not matter whether the victim is the victim of the injustice that gave rise to the fruits in question. This account avoids the problem associated with the Connection Account, and yields intuitive conclusions in an important range of test cases. (shrink)

Many have argued that that it is morally wrong to benefit from an agent's culpable wronging of a third party. This thought has formed the basis of some arguments that agents can have duties to make up for wrongful acts by others that they could not have stopped, or that occurred before they were born. For example, it has been argued that those who benefited from slavery, colonialism and other shameful events in their nation's history should surrender those benefits, their (...) equivalent value, or provide other forms of redress. Some have also argued that it is morally wrong to benefit from unjust situations caused by third parties even where there is no culpable element. These ideas have potential to be a principle of redress for harms that are caused by the working of very complex systems, such as the global climate system. Geoengineering, the intentional manipulation of the global climate, is a new development in climate science and policy — and one which raises many normative challenges. This article focuses on one specific challenge. The global climate is very complex and there is a real possibility that the best available science will not be able to account for all the consequences of deploying a geoengineering technique. Therefore, any governance regime that allows deployment will have to consider how to organise compensation or redress for any adverse impacts that could not have been predicted at the time of deployment. This article proposes that, with some modification, the principle that agents should surrender benefits that have accrued to them from using geoengineering techniques, can be a good basis for such a scheme. (shrink)

This article explores the ethical architecture of the ‘beneficiary pays’ principle, which holds that agents can come to possess remedial obligations of corrective justice to others through the involuntary receipt of benefits stemming from injustice. Advocates of the principle face challenges of both persuasion and limitation in seeking to convince those unmoved of its normative force, and to explain in which cases of benefiting from injustice it does and does not give rise to rectificatory obligations. The article considers ways in (...) which advocates of the principle might seek to win over those sceptical of its merits by employing a modified principle which sidesteps the issue of enforceability, before considering the question of whether the argument can be expanded from cases of benefiting from wrongdoing specifically to other sorts of situation where one agent involuntarily benefits from another's loss. (shrink)

The politics of climate change is marked by the fact that countries are dragging their heels in doing what they ought to do; namely, creating a binding global treaty, and fulfilling the duties assigned to each of them under it. Many different agents are culpable in this failure. But we can imagine a stylised version of the climate change case, in which no agents are culpable: if the bad effects of climate change were triggered only by crossing a particular threshold, (...) and it was reasonably, but mistakenly, believed by each country that insufficiently many other countries were willing to cooperate in order for that threshold to remain uncrossed, no country would be required to make a unilateral contribution. Yet even without culpability, we can diagnose a moral ill: the world has gone other than it should have. If not for the mistaken beliefs, there would have been a global climate treaty, and all the avoidance of future suffering that would come with it. In this article I argue that this moral ill has implications for the non-culpable agents, in that it generates duties to disgorge actual holdings over and above the counterpart holdings in the relevant counterfactual: those holdings the agents would have had, were the world to have gone as it should. (shrink)

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful owner (...) — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle . This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

Many political philosophers maintain that beneficiaries of injustice are under special obligations to assist victims of injustice. However, the examples favoured by those who endorse this view equally support an alternative luck egalitarian view, which holds that special obligations should be assigned to those with good brute luck. From this perspective the distinguishing features of the benefiting view are (1) its silence on the question of whether to allocate special obligations to assist the brute luck worse off to those who (...) are well off as a matter of brute luck but not as a result of injustice, and (2) its silence on the question of whether to allocate assistance to those who are badly off as a matter of brute luck but not as a result of injustice. In this new light, the benefiting view is harder to justify. (shrink)

Should the current members of a community compensate the victims of their ancestor’s emissions of greenhouse gases? I argue that the previous generation of polluters may not have been morally responsible for the harms they caused.I also accept the view that the polluters’ descendants cannot be morally responsible for their ancestor’s harmful emissions. However, I show that, while granting this, a suitably defined notion of moral free-riding may still account for the moral obligation of the polluters’ descendants to compensate the (...) current victims of their ancestors’ actions. A concept of transgenerational free-riding is defined. Objections to the idea of using free-riding as part of a theory of justice are rejected. Two different views of moral free-riding are contrasted, with consequences for the amount of compensation to be exigible from the polluters’ descendants. Some final considerations are devoted to the possible relevance of this free-riding-based view for other issues of historical injustice. (shrink)

How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...) to be of a similar nature. (shrink)

In this article we investigate whether non-culpably benefiting from wrongdoing or injustice generates a moral requirement to disgorge these benefits in order to compensate the victims. We argue that a strong requirement to disgorge such benefits is generated only if other conditions or factors are present. We identify three such factors and claim that their presence would explain why the normative features of certain types of cases of benefiting from wrongdoing differ from cases of benefiting from simple misfortune or bad (...) luck. (shrink)

I will discuss the relationship between two different accounts of remedial duty ascriptions. According to one account, the beneficiary account, individuals who benefit innocently from injustices ought to bear remedial responsibilities towards the victims of these injustices. According to another account, the causal account, individuals who caused injustices ought to bear remedial duties towards the victim. In this paper, I examine the relation between the principles central to these accounts: the Beneficiary Pays Principle and the well-established principle of Strict Liability (...) in law. I argue that both principles display a strong yet unexplored similarity as they make certain kinds of causal connection sufficient for incurring liability. Because of this similarity, I suggest that insights into the Beneficiary Pays Principle can be gained from exploring its relation with Strict Liability. In particular, I examine two new positive arguments that could be adapted to support of the Beneficiary Pays Principle: the Minimising Injustice Argument and the Normative Connection Argument. However, I’ll show that only one of those arguments, namely the Normative Connection Argument, can truly support the Beneficiary Pays Principle. I conclude that, if you endorse the Normative Connection Argument for Strict Liability, you have at least a strong prima facie reason to endorse the parallel argument for the Beneficiary Pays Principle. (shrink)

Many moral and political theorists have recently argued that the fact that an agent has innocently benefited from wrongdoing or injustice can ground special moral duties to help out the victims or simply give up the benefits. This idea is often referred to as the ‘Beneficiary Pays Principle’. This article critically assesses three recent attempts at providing a rationale for the BPP and argues that there are profound problems with each of them. It argues that even if we accept plausible (...) versions of the different normative ideas these accounts appeal to, we have no reason to accept the BPP. (shrink)

While some suggestions have been made as to how the duty to undertake humanitarian intervention should be assigned to specific states, the question of how to assign the duty to carry the economic a...

Some moral theorists argue that being an innocent beneficiary of significant harms inflicted by others may be sufficient to ground special duties to address the hardships suffered by the victims, at least when it is impossible to extract compensation from those who perpetrated the harm. This idea has been applied to climate change in the form of the beneficiary-pays principle. Other philosophers, however, are quite sceptical about beneficiary pays. Our aim in this article is to examine their critiques. We conclude (...) that, while they have made important points, the principle remains worthy of further development and exploration. Our purpose in engaging with these critiques is constructive — we aim to formulate beneficiary pays in ways that would give it a plausible role in allocating the cost of addressing human-induced climate change, while acknowledging that some understandings of the principle would make it unsuitable for this purpose. (shrink)

The view that innocent beneficiaries of injustice bear special duties to victims of injustice has recently come under attack. Luck egalitarian theorists have argued that thought experiments focusing on the way innocent beneficiaries should distribute the benefits they’ve received provide evidence against this view. The apparent special duties of innocent beneficiaries, they hold, are wholly reducible to general duties to compensate people for bad brute luck. In this paper we provide empirical evidence in defense of the view that innocent beneficiaries (...) have genuine special duties to victims of injustice. Through a series of four experiments, we show that judgments about the kinds of cases that luck egalitarian critics have provided do not undermine but rather support this view. We also explore a number of other questions that theorists working in this area have yet to discuss and provide suggestions for further research on the moral significance of benefiting from injustice. (shrink)