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Take the money!

By Mirko Bagaric - posted Friday, 12 May 2006


This principle was perhaps given its strongest expression in a late 19th century United States legal case (Elmer’s case) where a grandson who killed his grandfather was prevented from benefiting under his will, even though he was named as the beneficiary under the grandfather’s will. This principle explains why in most Australian jurisdictions criminals can no longer profit by recounting their exploits in a book.

There is another aspect to this saga of the miners. While they don’t have a legal obligation to share their new found wealth with others, morally it is a different story.

The world is a better place if benefits and burdens are distributed with regard to, and commensurate with, a person's merit or desert. This has a role to play in ensuring that we live in a just and fair society. If benefits and burdens were randomly distributed we would have little reason to strive hard to succeed or to avoid engaging in harmful conduct.

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A heavy burden has been cast on many people as a result of the rockfall that nearly buried the miners. The highest price was paid by their dead colleague Larry Knight, whose body was found shortly after the accident. The heroic effort of rescuers who worked around the clock at considerable personal risk to their safety cannot be overstated. The miners should distribute part of the proceeds from the sale of their story to the Knight family and their rescuers.

They should also put on a good turn at the Beaconsfield hotel to assist the community calm their emotions which have been on a roller coaster for the past two weeks. A community has been forged by a rockfall, it should be strengthened by miners’ windfall.

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First published in the Canberra Times on May 10, 2006.



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About the Author

Mirko Bagaric, BA LLB(Hons) LLM PhD (Monash), is a Croatian born Australian based author and lawyer who writes on law and moral and political philosophy. He is dean of law at Swinburne University and author of Australian Human Rights Law.

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