Is It Wrong to Benefit from Injustice?

Abstract

Abstract According to the beneficiary-pays principle, the involuntary beneficiaries of injustice ought to disgorge their unjustly obtained benefits in order to compensate the victims of injustice. The paper explores the effectiveness of the above principle in establishing a robust and unique normative connection between the rectificatory duties of the beneficiaries and the rectificatory rights of the victims of injustice. I discuss three accounts of the beneficiary-pays principle according to which the rectificatory duty of the beneficiaries towards the victims is grounded in (a) their duty to oppose injustice and mitigate its effects, (b) their duty to give up benefits that are causally linked to an act of wrongdoing, or (c) their duty to not sustain wrongful harm against the victims. By criticizing these accounts, I intend to highlight the complexities of articulating a distinct rectificatory duty that applies uniquely to the beneficiaries of injustice qua beneficiaries. I conclude that, while it may seem complicated to defend the beneficiary-pays principle as an independent moral principle, it is more plausible to think of it as being derivative of more general principles such as the principle of fair play.