(individual) The sign at the beach says,
$25 fine for littering. A beach user nonetheless tosses his used soda bottles on the sand rather than walk to the distant trash barrel. He knows that the beach patroll has seen him and will issue a citation, but he is very wealthy and so places a very low marginal value on money and a very high marginal value on time. Would you call him a litterer if he is willing to pay the fine? Or has he purchased the right to use the sand as a waste receptacle?
It's not either/or. It's both. He's purchased the right to litter, once. A murderer who's
paid his debt to society with a prison term doesn't become a non-murderer because he paid the debt.