Moral Luck and the Law

David Enoch

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Philosophical Ethics and Theory Psychology of Moral and Emotional Judgment Free Will and Agency

Abstract

Abstract Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

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References

2000Rethinking Criminal Law 1976Moral Luck 1974Harm and Punishment: A Critique of Emphasis on the Results of Conduct in the Criminal Law 2006The Case Against Moral Luck 1987Luck and Moral Responsibility 1986Luck and Desert 1983Nagel, Williams, and Moral Luck 1995Moral Responsibility and "Moral Luck"

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2020Black magic and respecting persons—Some perplexities 2019Kant Does Not Deny Resultant Moral Luck

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