Das Sammelwerk legt umfassend den Stand der Staatstheorie dar und arbeitet die Beiträge der bedeutendsten Staatsdenker und der wichtigsten Strömungen des Staatsdenkens zum heutigen Staatsverständnis exemplarisch heraus.Renommierte Philosophen, Historiker, Sozial-, Kultur- und Rechtswissenschaftler aus Universitäten und Forschungseinrichtungen in ganz Europa stellen in 15 gleichgewichteten Kapiteln das Staatsdenken von der Antike bis zur Postdemokratie facettenreich heraus. Jedes Kapitel firmiert unter einem Schwerpunkt, angefangen beim klassischen und konservativen über das liberale und feministische bis hin zum anarchistischen und religiösen Staatsdenken. Einen besonderen Stellenwert (...) nimmt dabei das Staatsdenken in anderen Kulturen ein, darunter China, Indien, die arabische Welt sowie das vor- und das postkoloniale Afrika.Die Schlussbetrachtung zum "Staat der Zukunft" bilanziert die Probleme von Souveränitätsverlust, Staatszerfall und Postdemokratie vor dem Hintergrund von Globalisierung, Ökonomisierung und Individualisierung.Praktische Querverweise und ein umfassendes Literaturverzeichnis erleichtern den Zugriff, detaillierte Stichwort- und Personenregister runden das Werk ab.Mit Beiträgen von:Helga Albrecht, Andreas Anter, Olaf Asbach, Friedrich Balke, Ernst Baltrusch, Michael Becker, Hannah Bethke, Karl-Heinz Breier, Michael Brie, Norbert Campagna, Lars Distelhorst, Sabine Doyé, Dominik Finkelde, Oliver Flügel-Martinsen, Alexander Gantschow, Eva Geulen, Gerhard Göhler, Dieter Grimm, Martin Gronau, Gregor Hain, Hendrik Hansen, Leonhard Harding, Oliver Hidalgo, Wilhelm Hofmann, Frauke Höntzsch, Dana Ionescu, Matthias Jestaedt, Dirk Jörke, John Kannankulam, Stefan Koslowski, Oliver W. Lembcke, Rochus Leonhardt, Roland Lhotta, Mathias Lindenau, Marion Löffler, Gundula Ludwig, Günter Maschke, Jean-Christophe Merle, Dominique Fabian Miething, Andreas Niederberger, Claudia Opitz-Belakhal, Henning Ottmann, Gregor Paul, Thore Prien, Walter Reese-Schäfer, Claudia Ritzi, Samuel Salzborn, Stefano Saracino, Birgit Sauer, Peter Seyferth, Thomas Schölderle, Hans-Martin Schönherr-Mann, Ulrich Seeber, Veith Selk, Harald Sippel, Tine Stein, Kazuhiro Takii, Ulrich Thiele, Andreas Vasilache, Rüdiger Voigt, Christian Wendt, Stefanie Wöhl, Joachim Wurst, Holger Zapf und Barbara Zehnpfennig. (shrink)

The interpretation of Christian religion and theology is a very important aspect of Michel Foucault's work. But in theology Foucault is predominantly noticed as the thinker of the “death of the subject”, less as an thoughtful and original interpreter of Christianity. This essay presents an outline of Foucault's statements on Christianity from his early works to his later books and lectures. It especially focuses on his interpretation of the Reformation and Protestantism. The central thesis is, that reading these texts (...) it becomes clear, that Foucault's interest is not the “death” of the subject, but the concept of the individual and its conduct of life in the modern world. Furthermore it is shown, that Reformation and Protestantism are key factors in this concept. (shrink)

The Protestant sources used by Max Weber in his early writings, especially The Protestant Ethic, are well known. They show his familiarity with the theological discourses of his day. Weber's conception of religious individualism and his activities in church politics, e.g. the Evangelisch-Sozialer-Kongress, are the result of his juxtaposition of Lutheranism and Calvinism, of active and passive states of religiousness. This itself was deeply influenced by nineteenth-century Protestant theology. Due to this, it is common to speak of Weber's affinity with (...) German liberal theology. Although Weber's famous lectures on science and politics as a vocation, delivered in Munich in 1917 and 1919, have been called, the authentic offspring of The Protestant Ethic‘, the lectures have not yet been properly researched with respect to their theological sources. This paper argues that in Science as a Vocation Weber, firstly, regards modern Protestant theology and its distinction between ‘religion’ and ‘theology’ as a fundamental insight favouring the rise of modern science. This has to be understood in the context of the debate on the ‘revolution in science’ in the early twentieth century, when Weber passionately defended the right of specialised science. Secondly, Weber had been increasingly influenced by Julius Wellhausen's work on the history of Israel, especially his interpretation of the prophets, which Weber studied intensively for his own work on ancient Judaism. Wellhausen's opposition of the prophet's heroic individualism, on the one hand, and institutionalized religion, on the other, affects Weber's later interest to clearly distinguish between the Christian ethics of brotherhood and the needs of modern politics. This is of fundamental import for the well-known differentiation between ‘the ethic of principled convictions’ and ‘the ethic of responsibility’. This paper puts forward the thesis that in the lecture Politics as a Vocation Weber develops a normative and radical concept of religion and theology, which leads him to criticize the conception of liberal theology within its own terms – despite the fact that it was a major source for his own work. (shrink)

ʻDurch Dein Wort ward jegliches Ding!ʼ / ʻThrough Thy Word All Things Were Made!ʼ: 2. Mandäistische und samaritanistische Tagung. Edited by Rainer Voigt. Mandäistische Forschungen, vol. 4. Wiesbaden: Harrassowitz Verlag, 2013. Pp. x + 393, illus. €98.

Der oft schon totgesagte Leviathan des Thomas Hobbes ist so lebendig, aber auch so umstritten wie bei seiner Geburt. Carl Schmitt ist als der "Hobbes des 20. Jahrhunderts" bezeichnet worden. Er selbst sah sich gern als Nachfolger und Erben des Begrunders der neuzeitlichen Staatsphilosophie. In dem "Hobbes-Kristall" kommt Schmitts eigenwillige Hobbes-Interpretation besonders deutlich zum Vorschein. Denn in diesem Diagramm wird der Mikrokosmos Schmittschen Denkens sichtbar. Es enthalt funf Achsen, deren oberste die Wahrheit und deren unterste Gehorsam und Schutz des Einzelnen (...) sind. In drei Teilen setzen sich Philosophen, Staats- und Politikwissenschaftler mit der Interpretation des Leviatahn im Allgemeinen und der Schmittschen Hobbes-Interpretation im Besonderen auseinander. (shrink)

Lifelong smokers lose on average a decade of life vis-à-vis non-smokers. Globally, tobacco causes about 5–6 million deaths annually. One billion tobacco-related deaths are predicted for the 21st century, with about half occurring before the age of 70. In this paper, we consider a complete ban on the sale of cigarettes and find that such a ban, if effective, would be justified. As with many policy decisions, the argument for such a ban requires a weighing of the pros and cons (...) and how they impact on different individuals, both current and future. The weightiest factor supporting a ban, we argue, is the often substantial well-being losses many individuals suffer because of smoking. These harms, moreover, disproportionally affect the disadvantaged. The potential gains in well-being and equality, we argue, outweigh the limits a ban places on individuals’ freedom, its failure to respect some individuals’ autonomous choice and the likelihood that it may, in individual cases, reduce well-being. (shrink)

A growing body of empirical research examines the effects of the so-called “social determinants of health” on health and health inequalities. Several high-profile publications have issued policy recommendations to reduce health inequalities based on a specific interpretation of this empirical research as well as a set of normative assumptions. This article questions the framework defined by these assumptions by focusing on two issues: first, the normative judgments about the fairness of particular health inequalities; and second, the policy recommendations issued on (...) this basis. We argue that the normative underpinnings of the approach are insufficiently supported and that the policy recommendations do not necessarily follow from the arguments provided. Furthermore, while many of the policies recommended—such as improving people's living conditions and reducing inequalities in wealth and power—are justified in their own right, the way these recommendations are tied to health is problematic. (shrink)

This book draws connections and explores important questions at the intersection of the debates about relational autonomy and relational equality. Although these two research areas share several common assumptions and concerns, their connections have not been systematically explored. The essays in this volume address theoretical questions at the intersection of relational theories of autonomy and equality and also consider how these theoretical considerations play out in real-world contexts. Several chapters explore possible conceptual links between relational autonomy and equality by considering (...) the role of values--such as agency, non-domination, and self-respect--to which both relational autonomy theorists and relational egalitarians are committed. Others reflect on how debates about autonomy and equality can clarify our thinking about oppression based on race and gender, and how such oppression affects interpersonal relationships. Autonomy and Equality: Relational Approaches is the first book to specifically address the relationship between these two research areas. It will be of interest to scholars and graduate students working in social and political philosophy, moral philosophy, and feminist philosophy. (shrink)

A recurring concern about luck egalitarianism is that its implementation would make some individuals, in particular those who lack marketable talents, experience shame. This, the objection goes, undermines individuals’ self-respect, which, in turn, may also lead to unequal respect between individuals. Loss of (self-)respect is a concern for any egalitarian, including distributive egalitarians, inasmuch as it is non-compensable. This paper responds to this concern by clarifying the relationship between shame and (self-)respect. We argue, first, a luck egalitarian society and ethos (...) would be radically different from the current one and incompatible with shame over lack of talent, and, second, that while shame may still occur in a less than ideal luck egalitarian society, this kind of shame does not undermine egalitarian commitments. (shrink)

In this paper we aim to demonstrate the enormous ethical complexity that is prevalent in child obesity cases. This complexity, we argue, favors a cautious approach. Against those perhaps inclined to blame neglectful parents, we argue that laying the blame for child obesity at the feet of parents is simplistic once the broader context is taken into account. We also show that parents not only enjoy important relational prerogatives worth defending, but that children, too, are beneficiaries of that relationship in (...) ways difficult to match elsewhere. Finally, against the backdrop of growing public concern and pressure to intervene earlier in the life cycle, we examine the perhaps unintended stigmatizing effects that labeling and intervention can have and consider a number of risks and potential harms occasioned by state interventions in these cases. (shrink)

Seit Niccolo Machiavellis Principe (postum) im Jahre 1532 veroffentlicht worden ist, haben sich Generationen von Philosophen, Theologen und Historikern, aber auch von Politikern mit den Thesen des Florentiners auseinandergesetzt. Die Bucher zur Rezeption Machiavellis fullen inzwischen ganze Bibliotheken. Kann man heute - fast funfhundert Jahre spater - noch etwas Neues dazu beitragen? Vielleicht gelingt dies, indem der machiavellische Machtstaat aus interdisziplinarer Perspektive im Spiegel der Zeit beleuchtet wird. Die negative Sicht der Ratschlage Machiavellis an einen neuen Fursten ist mit dem (...) Begriff "Machiavellismus" gebrandmarkt worden. Die Frage, ob der Florentiner selbst ein Machiavellist war, ist heute freilich eher zu verneinen. Die mit dem Schlagwort verbundenen Vorurteile erweisen sich jedoch als resistent gegenuber jedem Gegenargument. Den unterschiedlichen, meist zeitbedingten Interpretationen der Lehre Machiavellis, mit denen der Interpret oft genug nur seine eigenen Anschauungen begrundet, soll in diesem Band nachgespurt werden. (shrink)

Kants Musikästhetik wird weithin unterschätzt. Dabei bietet sie die entscheidenden Ansätze zur Befreiung der Musik aus den Fängen der Nachahmungsästhetik, wie sie vor allem E.T.A.Hoffman kongenial umgesetzt hat.

Les disciplines historiques, littéraires et philosophiques font un emploi abondant des catégories historiographiques. Parmi celles-ci, les termes en ismes sont très fréquents pour référer à une doctrine, un courant artistique, une idéologie ou des événements spécifiques. On fait cependant remarquer que ces désignations posent de nombreux problèmes d’interprétation. En particulier, que l’origine exacte d’une catégorie est souvent méconnue et que sa signification est plus équivoque qu’on ne le croit habituellement. La formation d’un terme en isme s’explique souvent dans un contexte (...) polémique et sert à condamner ou critiquer plutôt qu’à comprendre une pensée, un mouvement ou des faits historiques. Les catégories d’athéisme, de classicisme ou de féminisme en sont de bons exemples. Le présent volume vise à contribuer à l’étude critique des catégories historiographiques et des notions en isme en s’attardant à l’époque moderne (XVI e XVIII e siècles). Il s’agit d’un moment clef de l’histoire européenne pendant laquelle nombre de ces notions apparaissent ou pour laquelle l’historiographie en a fait un emploi abondant. Les chapitres en examinent la valeur théorique par rapport à une origine ou des usages, et déterminent de quelles manières elles contribuent à l’interprétation de l’histoire, de la littérature ou de la philosophie, de la Renaissance jusqu’à la Révolution française. (shrink)

The COVID-19 crisis has left zoos especially vulnerable to bankruptcy, and the precarity of their financial situation threatens the lives and well-being of the animals who live in them. In this paper, we argue that while we and our governments have a responsibility to ensure the protection of animals in struggling zoos, it is morally impermissible to make private donations or state subsidies to zoos because such actions serve to perpetuate an unjust institution. In order to protect zoo animals without (...) perpetrating further injustice, governments should subsidize the transformation of zoos into sanctuaries and then facilitate the gradual closure of most of these sanctuaries. (shrink)

According to luck egalitarianism, inequalities are justified if and only if they arise from choices for which it is reasonable to hold agents responsible. This position has been criticised for its purported harshness in responding to the plight of individuals who, through their own choices, end up destitute. This paper aims to assess the Harshness Objection. I put forward a version of the objection that has been qualified to take into account some of the more subtle elements of the luck (...) egalitarian approach. Revising the objection in this way suggests that the Harshness Objection has been overstated by its proponents: because luck egalitarians are sensitive to the influence of unequal brute luck on individuals’ choices, it is unlikely that there will be any real world cases in which the luck egalitarian would not have to provide at least partial compensation. However, the Harshness Objection still poses problems for the luck egalitarian. First, it is not clear that partial compensation will be sufficient to avoid catastrophic outcomes. Second, the Harshness Objection raises a theoretical problem in that a consistent luck egalitarian will have to regard it as unjust if any assistance is provided to the victim of pure option luck, even if such assistance could be provided at no cost. I consider three strategies the luck egalitarian could pursue to accommodate these concerns and conclude that none of these strategies can be maintained without either violating basic luck egalitarian principles or infringing upon individual liberty. (shrink)

Ethical dilemmas and decision-making are a persistent feature of the everyday operations of animal shelters and animal protection organizations. These organizations frequently face difficult decisions about how to treat the animals in their care, decisions that are made all the more difficult by limited funding, material resources, and human labor. Moreover, animal protection organizations must also determine how to act within and toward the wider social and institutional environment in which non-human animals are routinely exploited. The first section of The (...) Ethics of Animal Shelters contains practical recommendations developed by ethicists in response to the ethical challenges identified by employees of the Montreal Society for the Prevention of Cruelty to Animals. These challenges arise across the organization's activities, including its internal structure; shelter operations; public campaigns and advocacy work; dealing with the public, animal agriculture and governmental agencies; and their work with feral animals. The second section offers philosophical analyses of the ethical challenges unique to animal shelters. Issues explored include the killing of shelter animals; shelter animals' diets; medical decision-making procedures; adoption policies; and the role shelters might play in transforming social attitudes and norms. (shrink)

Expressive theories of state action seek to identify and assess the ‘meaning’ implicit in state action, such as legislation and public policies. In expressive theories developed by relational egalitarians, state action must ‘express’ equal concern and respect for citizens. However, it is unclear how precisely we can determine and assess the meaning of what states do. This paper considers how an expressive theory could be developed, given the commitments of a relational account of equality, and how such a theory would (...) relate to relational egalitarianism more broadly. I suggest that expressive considerations should be tied more closely than they are in the current literature to agents’ attitudes and to their intentions. I discuss a range of real-world policies that are problematic for what they can be taken to express. (shrink)

Political philosophers have become increasingly interested in questions of justice as applied to health. Much of this literature works from a distributive understanding of justice. In the recent debate, however, ‘relational’ egalitarians have proposed a different way of conceptualising equality, which focuses on the quality of social relations among citizens and/or how social institutions ‘treat’ citizens. This paper explores some implications of a relational approach to health, with particular focus on health care, health inequalities and health policy. While the relational (...) account can add interesting perspectives to current debates on justice and health, we also highlight some tensions and difficulties relational egalitarians might encounter and some discontinuities between the implications of a relational account and current discourse on health equity. (shrink)

In the article by Kristin Voigt in the April 2013 issue of Cambridge Quarterly of Healthcare Ethics, quotation marks around certain phrases were deleted.

We thank the open peer commentators for their thoughtful responses to our article, "The Social Determinants of Health: Why Should We Care?" (Preda and Voigt 2015). Since space constraints prevent us from responding in detail to all the comments raised, we focus on two areas of concern that emerged from the commentaries. The first is our claim that avoidability is neither necessary nor sufficient for defining unjust or unfair health inequalities. The second area relates to the reasons we might (...) give for treating health inequalities as morally problematic. (shrink)

Smoking is disproportionately common among the disadvantaged, both within many countries and globally; the burden associated with smoking is, therefore, borne to a great extent by the disadvantaged. In this paper, I argue that this should be regarded as a problem of social justice. Even though smokers do, in a sense, ‘choose’ to smoke, the extent to which these choices can legitimise the resulting inequalities is limited by the unequal circumstances in which they are made. An analysis of the empirical (...) literature reveals a variety of factors—such as targeted advertising, unequal dissemination of information about the health risks of smoking and inequalities in smoking norms—that make the disadvantaged more likely to become smokers and less likely to quit successfully. The paper then considers a range of common tobacco control policies from the perspective of social justice. The social justice perspective developed here poses a challenge for policy-makers: on the one hand, social justice concerns strengthen the case for tobacco control policies because such policies disproportionately benefit the health of the disadvantaged. At the same time, however, we must be particularly sensitive to any harms associated with such policies because such burdens, too, will fall largely on the disadvantaged. (shrink)

The notion of individual responsibility has gained prominence in recent debates about health care. First, responsibility has been proposed as a rationing criterion; second, some policies use rewards and sanctions to encourage individuals to ‘take responsibility’ for their health; finally, acting responsibly within the health care system is portrayed as a requirement of reciprocity. The aim of this paper is two-fold. First, I assess these different kinds of appeal to individual responsibility from the perspective of equality. The literature has identified (...) important concerns about equality and fairness with proposals to use individual responsibility as a rationing criterion; I suggest that there are similar concerns about incentive schemes and reciprocity-based appeals to individual responsibility. The analysis will draw on luck egalitarian accounts of equality, which emphasise the importance of individual responsibility. This allows me to pursue the second objective for paper: to reconsider the luck egalitarian perspective on these different appeals to responsibility. Applying the arguments of recent contributions to the luck egalitarian literature to the health arena suggests that luck egalitarians need not support the use of responsibility as a rationing criterion, and they can also identify problems with incentives and reciprocity-based arguments. However, the language of individual responsibility and its prominence in public debates may have implications for individuals’ health and well-being, which raises challenging issues for luck egalitarians as they attempt to apply their theory to the real world. (shrink)

Name der Zeitschrift: Byzantinische Zeitschrift Jahrgang: 109 Heft: 1 Seiten: 1-8.

Edmund Burke is considered the father of conservatism. With his ‘Reflections on the French Revolution’ (1790), Burke presented a work that was already controversial at the time of its publication. In Burke’s understanding, people and their social institutions are historical beings that are subject to change but unchanging in the face of all change. The central concept in Burke’s argument is heritage, which encompasses both collective, historical memory and social organisation, and specifically refers to constitutional traditions. Society is hierarchically structured (...) and forms an organic unit based on a necessary balance between the principles of continuity and regeneration. According to Burke, the state is the coagulated historical rationality of people who must be taken at least as seriously as contemporaries in their efforts to shape a good order. With contributions by Michael Becker, Norbert Campagna, Oliver Hidalgo, Jürgen Kamm, Skadi Siiri Krause, Thomas Lau, Ulrich Niggemann, Henning Ottmann, Volker Reinhardt and Rüdiger Voigt. (shrink)

Childhood obesity has become a central concern in many countries and a range of policies have been implemented or proposed to address it. This co-authored book is the first to focus on the ethical and policy questions raised by childhood obesity and its prevention. -/- Throughout the book, the authors emphasize that childhood obesity is a multi-faceted phenomenon, and just one of many issues that parents, schools and societies face. They argue that it is important to acknowledge the resulting complexities (...) and not to think in terms "single-issue" policies. -/- After first reviewing some of the factual uncertainties about childhood obesity, the authors explore central ethical questions. What priority should be given to preventing obesity? To what extent are parents responsible? How should we think about questions of stigma and inequality? In the second part of the book, the authors consider key policy issues, including the concept of the 'obesogenic environment,' debates about taxation and marketing, and the role that schools can play in obesity prevention. -/- The authors argue that political debate is needed to decide the importance given to childhood obesity and how to divide responsibilities for action. These debates have no simple answers. Nonetheless, the authors argue that there are reasons for hope. There are a wide range of opportunities for action. Many of these options also promise wider social benefits. (shrink)

Emerging neurotechnologies, such as brain-computer interfaces, interact closely with a user’s body by enabling actions controlled with brain activity. This can have a profound impact on the user’s experience of movement, the sense of agency and other body-and action-related aspects. In this introduction to the special issue “Mechanized Brains, Embodied Technologies”, we reflect on the relationships between embodiment, movement and agency that are addressed in the collected papers.

Is there one univocal or generic notion of ground? Monists answer yes, while pluralists answer no. Pluralists argue that monism cannot meet plausible constraints on an adequate theory of ground. My aim in this paper is to articulate a monist theory of ground that can satisfy the pluralist constraints in a way that leaves the pluralists with no reasons not to endorse the monist picture of ground. I do this by adopting a tripartite conception of ground and then showing that (...) it has the resources to vindicate monism while satisfying the pluralist constraints on a theory of ground. (shrink)

Suppose you perform two actions. The first imposes a risk of harm that, on its own, would be excessive; but the second reduces the risk of harm by a corresponding amount. By pairing the two actions together to form a set of actions that is risk-neutral, can you thereby make your overall course of conduct permissible? This question is theoretically interesting, because the answer is apparently: sometimes Yes, sometimes No. It is also practically important, because it bears on the moral (...) status of practices such as offsetting personal greenhouse gas (GHG) emissions. In this article we propose a criterion for distinguishing between cases where pairing risk-increasing and risk-reducing actions makes each action permissible, and those where it does not: the Principle of Aggregate Risk-Imposition. We work towards this by considering a range of examples that illustrate various illegitimate ways of pairing risk-increasing actions with risk-reducing ones, and asking what goes wrong in each case. We then use this criterion to evaluate GHG offsetting. Is offsetting a legitimate way of removing the risk-imposition associated with GHG emissions, or not? Controversially, we argue that this turns out to depend on the form that the offsetting takes. (shrink)

Incentive schemes, which offer recipients benefits if they meet particular requirements, are being used across the world to encourage healthier behaviours. From the perspective of equality, an important concern about such schemes is that since people often do not have equal opportunity to fulfil the stipulated conditions, incentives create opportunity for further unfair advantage. Are incentive schemes that are available only to disadvantaged groups less susceptible to such egalitarian concerns? While targeted schemes may at first glance seem well placed to (...) help improve outcomes among disadvantaged groups and thus reduce inequalities, I argue in this paper that they are susceptible to significant problems. At the same time, incentive schemes may be less problematic when they operate in ways that differ from the ‘standard’ incentive mechanism; I discuss three such mechanisms. (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)