Correcting unjust enrichment
Explaining and defending the duty to disgorge the benefits of wrongdoing
Dados Bibliográficos
| ID | 12610656 |
|---|---|
| Autores | Edward A Page (University of Warwick, autor correspondente), Göran Duus‐otterström (0000-0001-9133-7300, Department of Political Science, Gothenburg University, Sweden) |
| Ano | 2023 |
| Páginas | 1-26 |
| Data de publicação | 2023-08-22 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Critical Review of International Social and Political Philosophy (JOURNAL) |
| Identificadores do periódico | ISSN: 1369-8230 • E-ISSN: 1743-8772 |
| Editora | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/13698230.2023.2245651 |
| OpenAlex | W4386073620 |
| Idioma | EN |
| Referências citadas | 27 |
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
Beneficiary · Business · Defeasible estate · Duty · Economic Justice · Injustice · Law and economics · Political science · Restitution · Sociology · Unjust enrichment · Wrongdoing · Free Will and Agency · Law · Legal principles and applications · War, Ethics, and Justification
Historical Emissions and Free-Riding
National Responsibility and Global Justice
‘A Doctrine Quite New and Altogether Untenable’
Philosophy and Public Affairs
Benefiting from Injustice and Brute Luck
Shared Responsibility, Global Structural Injustice, and Restitution
World Poverty and Human Rights
Should We Relinquish or Distribute the Benefits of Injustice
Give it up for climate change
The problem of past emissions and intergenerational debts
What is the Wrong in Retaining Benefits from Wrongdoing? How Recent Attempts to Formulate a Plausible Rationale for the ‘Beneficiary Pays Principle’ Have Failed
Backward-Looking Principles of Climate Justice
Affirmative Action, Historical Injustice, and the Concept of Beneficiaries
Disgorging the Fruits of Historical Wrongdoing
| Velocidade de citação | historical |
|---|---|
| Altamente citado | Não |