In this paper, we argue that the All Affected Principle generates a puzzle when applied to carbon tax referendums. According to recent versions of the All Affected Principle, people should have a say in a democratic decision in positive proportion to how much the decision affects them. Plausibly, one way of being affected by a carbon tax referendum is to bear the economic burden of paying the tax. On this metric of affectedness, then, people who pollute a lot are ceteris (...) paribus more affected than people who don’t, because the former stands to pay more in carbon taxes than the latter. Consequently, people who pollute a lot receive large voting power, while people who pollute a little receive little voting power. This is a puzzling distribution of voting power for several reasons. First, it is instrumentally counterproductive if the goal is to rectify damages to the climate. Second, it introduces prudential incentives for everyone to pollute more to gain voting power. Third, the relative difference in voting power between people who pollute a lot and people who don’t is puzzling from a desert-based point of view, since the former often make a serious effort to avoid polluting, while the latter don’t. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces (...) several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

Journal of Social Philosophy, EarlyView.

It is often assumed that in order to avoid the most severe consequences of global anthropogenic climate change we have to preserve our existing carbon sinks, such as for instance tropical forests. Global carbon sink conservation raises a host of normative issues, though, since it is debatable who should pay the costs of carbon sink conservation, who has the duty to protect which sinks, and how far the duty to conserve one’s carbon sinks actually extends, especially if it conflicts with (...) other duties one might have. According to some, forested states like Ecuador have a duty to preserve their tropical forests while the rich states of the global North have a duty of fairness to compensate states like Ecuador for the costs they incur. My aim in this paper is to critically analyse this standard line of argument and to criticise its validity both internally and externally. As I will argue, the duty to conserve one’s forests is only a particular instantiation of a wider, more general duty to contribute towards global climate justice for which the context in which one operates matters significantly. (shrink)

The paper examines two backward-looking principles about how the costs of mitigating and adapting to climate change should be distributed. According to the polluter pays principle, such costs should be borne by those who caused climate change. According to the beneficiary pays principle, they should be borne by those who have benefited from the activities causing climate change, regardless of whether they took part in such activities or not. The paper unpacks both principles, considers their main problems and contends that, (...) when properly combined, they can address such problems. (shrink)

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. (shrink)

Do those of us living in the present have an obligation to rectify injustices committed by others in the distant past? This article is an attempt to revisit the problem of historical injustice by bringing together recent work on structural injustice in relation to the problem of wrongful benefit. The problem of benefitting from injustice, I argue, provides firmer grounds of obligation in forward-looking accounts of responsibility for historical injustice specifically. I argue (1) that if the negative effects of historical (...) injustice endure into the present, and (2) if we participate in structures that allow for its reproduction, then (3) our moral responsibility to set matters straight increases to the extent that we derive a benefit from the perpetuation of an unjust _status quo_. Finally, (4) a general moral obligation to make the world less unjust generates a motive for individuals to learn more about their place in a structure that reproduces the negative effects of historical injustice. (shrink)

This chapter investigates the moral status of agents who innocently benefit from the wrongdoing of others. We commonly think that perpetrators should not benefit from their wrongdoings. But sometimes wrongdoings benefit third parties. Clearest examples are historical wrongdoings, such as colonialism and slavery, which have long lasting effects to this very day, benefitting some while harming others. Recent attempts to identify those who should address such wrongdoings suggest that their beneficiaries, even though they have done not taken part in the (...) original wrongdoing, have duties to relinquish the wrongful benefit and/or to compensate the victim. If correct, this view has important practical implications for identifying who should address pressing moral challenges such as climate change, reparations for slavery and global poverty. The chapter explores the normative underpinnings of the ‘principle of wrongful benefits’, and some of the theoretical and practical challenges to it. (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)

Agents sometimes innocently benefit from the wrongdoing perpetrated by others. It has been asserted that when this happens the beneficiary acquires a defeasible duty to disgorge these benefits until the beneficiary’s gain is extinguished or the victim’s loss has been reversed. At the same time, critics have denied the existence of duties of disgorgement. In this paper, we contribute to this debate by proposing a novel account of the underlying justification, or rationale, for disgorgement duties grounded in the value of (...) corrective justice. An agent benefiting from injustice has a duty to disgorge, on this account, because fulfilling this duty helps correct injustice by making it as though the transaction that wrongfully enriched them had never happened. We go on to address five objections to this account of disgorgement duties and argue that the corrective justice account can withstand these objections. (shrink)

Climate ethics has been concerned with polluter pays, beneficiary pays and ability to pay principles, all of which consider climate change as a single negative externality. This paper considers it as a constellation of externalities, positive and negative, with different associated demands of justice. This is important because explicitly considering positive externalities has not to our knowledge been done in the climate ethics literature. Specifically, it is argued that those who enjoy passive gains from climate change owe gains not to (...) the net losers, but to the emitters, just as the emitters owe compensation to the net losers for the negative externality. This is defended by appeal to theoretical virtues and to the social benefits of generating positive externalities, even when those positive externalities are coupled with far greater negative externalities. We call this the Polluter Pays, Then Receives ('PPTR', or 'Peter') Principle. This principle is then applied at two levels in the context of Canada. [Open access]. (shrink)

Journal of Political Philosophy, Volume 30, Issue 3, Page 395-408, September 2022.

This paper discusses the pluralist theory of reparations for historical injustice offered by Daniel Butt (2021). Butt attempts to vindicate purely past-regarding corrective duties in response to Alasia Nuti’s historical-structural model of reparations. I agree with Butt that reparative justice requires both past-regarding and future-looking structural duties. And I agree with him that Nuti’s model leaves out purely past-regarding duties. I argue, however, that Butt does not offer a genuinely pluralist account. I present minimal necessary conditions for past-regarding (corrective) justice (...) and demonstrate that the past-regarding duties Butt advocates do not meet these conditions. The past-regarding duties Butt offers collapse into the kinds of distributive (structural) duties from which he attempts to separate them. Yet, I suggest these shortcomings are instructive and sketch a path forward for a genuinely pluralist account of reparations. A genuinely pluralist account must follow this path in order to vindicate the intuitions that motivate both past-regarding duties and the structural injustice model. (shrink)

ABSTRACTWe consider whether and under what conditions it is morally illicit to profit from poverty. We argue that when profit counterfactually depends on poverty, the agent making the profit is morally obliged to relinquish it. Finally, we argue that the people to whom the profit should be redirected are those on whom it counterfactually depends.

Journal of Social Philosophy, Volume 52, Issue 4, Page 569-586, Winter 2021.

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...

Debates about individual responsibility for climate change revolve mainly around individual mitigation duties. Mitigation duties concern future impacts of climate change. Unfortunately, climate change has already caused important harms and it is foreseeable that it will cause more in the future, in spite of our best efforts. Thus, arguably, individuals might also have duties related to those harms. In this paper, I address the question of whether individuals are obligated to provide compensation for climate related harms that have already occurred. (...) I explore two possible strategies to answer that question. The straightforward strategy answers in the affirmative. Two approaches embrace this strategy: the ‘ecological citizenship’ approach and the benefits-based approach. I challenge those two approaches and rule out an affirmative answer. The alternative strategy answers in the negative but provides a way to respond to why currently living individuals should pay for burdens created for past individuals. Two possible approaches embrace this alternative: the community-based approach and my own state-based benefits approach. I will argue that individual duties do not fall under the realm of compensatory justice, but they have nonetheless a duty to bear compensatory burdens allocated to their states. (shrink)

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)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug into what (...) they all-things-considered ought to do. We argue for parity on both counts. (shrink)

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

A common assumption within the migration ethics literature is that it is only states that have the power to admit foreigners to their territory. However, this assumption misses something important. While it is true that it is states that have the ultimate power to admit, other actors can possess a derivative power from the laws that states put in place. By establishing a system of work visas, for instance, states lend private corporations, and other employers, the power to nominate foreigners (...) for admission by making job offers. For many foreigners, a job offer is what they require to start a new life in a new country. The question then arises how corporations should use this derivative power? One might assume that they should use it as they typically do: to pursue their business interests and by doing so (we hope) benefit their stakeholders including the state and its citizens. However, could there not be other reasons, besides profit seeking, to offer refugees a visa-conferring job? If hiring refugees does not greatly harm their business, it is arguable that corporations could be obliged to use their derivative power to do so on humanitarian grounds. Moreover, some corporations also seem to be obliged to use this power on grounds of corrective justice. This paper advances these possibilities. It has three sections. First, I will look at how much discretion corporations have in terms of employment and migration laws in some European countries. Second, I will present an argument for why corporations are morally permitted to facilitate admission for refugees by offering them a visa-conferring job. In the final section, I will then defend a stronger claim, namely that corporations are possibly obliged to do so on humanitarian grounds or on grounds of corrective justice. (shrink)

In On Trade Justice, Risse and Wollner defend an account of trade justice on which the central requirement, applying to both states and firms, is a requirement of non-exploitation. On their view, trade exploitation consists in ‘power-induced failure of reciprocity’, which generates an unfair distribution of the benefits and burdens associated with trade relationships. In this paper, I argue that while there are many appealing features of Risse and Wollner’s account, their discussion does not articulate and develop the unified picture (...) of states’ and firms’ obligations that they aim to provide as clearly as it might have. In particular, it is, I claim, unclear exactly how they understand the relationship between the fairness-based requirements that apply to states and those that apply to firms. I argue that there are two types of accounts that they might accept: a transactional account and a structural account. I offer reasons to think that there are reasons to prefer a structural account. In addition, I note some of the key implications of accepting such an account, and suggest that if Risse and Wollner accept these implications and revise other aspects of their view accordingly, the result is a plausible and unified account of what trade justice requires. (shrink)

Child poverty is one of the biggest challenges of today, harming millions of children. In this book, it is investigated from a philosophical social justice perspective, primarily in the context of modern welfare states. Based on both normative theory (particularly the capability approach) and empirical evidence, the authors identify the injustices of child poverty, showing how it negatively affects the well-being of children as well as their whole life course. But child poverty is not 'given by nature'. It is avoidable (...) and there is certainly the moral duty to alleviate it. Therefore, Graf and Schweiger develop a normative theory of responsibilities, which clarifies the moral role of different agents in the poor child's environment: the family, the state and many others, that have so far been neglected in philosophical theories. They conclude their book by sketching how their theory can be extended to global child poverty and what it means to show equal respect and concern for every child - no matter where and in which context they were born. (shrink)

This research is a paradigm case of sustainability science being applied to the oil-producing Nigeria Niger Delta. Thus, this research focuses on ethical issues in environmental pollution and multinational oil corporations specifically, the oil and gas industries in the resource-rich region of the Nigerian Niger Delta. Since the discovery of oil deposits and its subsequent exploratory activities on June 01, 1956, the oil-producing wetland has been marred with tripartite major variables of issues of responsibility issues of environmental and social injustice (...) questions of sustainability. (shrink)

Daniel Butt develops an account of corrective responsibilities borne by beneficiaries of injustice. He defends the consistency model. I criticize the vagueness in this model and present two interpretations of benefit from injustice responsibilities: obligation and natural duty. The obligation model falls prey to the involuntariness objection. I defend a natural duties model, discussing how natural duties can be circumstantially perfected into directed duties and showing how the natural duties model avoids the involuntariness objection. I also address objections from structural (...) injustice and demandingness. (shrink)