Luck Between Morality, Law, and Justice
-
David Enoch
In this Article, I elaborate on and defend the following argument: (1) There is no moral luck. (2) If there is no moral luck, there should be no legal luck. (3) Therefore, there should be no legal luck (from (1) and (2)). (4) If there is no normatively significant difference between the law (or the state) doing and allowing, or intending and foreseeing, then there is no normatively significant difference between legal luck and just plain luck that has legal implications. (5) There is no normatively significant difference between the law (or the state) doing and allowing, or intending and foreseeing. (6) Therefore, there is no normatively significant difference between legal luck and just plain luck that has legal implications (from (4) and (5)). (7) Therefore, plain luck should have no legal implications (from (3) and (6)).
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Luck and Identity
- Luck Between Morality, Law, and Justice
- Closing the Gap
- Two Dimensions of Responsibility in Crime, Tort, and Moral Luck
- Wresting Control from Luck: The Secular Case for Aborted Attempts
- Liability Insurance, Moral Luck, and Auto Accidents
- Lucky in Your Judge
- Luck in the Courts
- How Should Egalitarians Cope with Market Risks?
- Luck Egalitarianism and Political Solidarity
- Decentralized Responses to Good Fortune and Bad Luck
- Forum
- Comment on Dan-Cohen's "Luck and Identity"
- Comment on David Enoch's Luck Between Morality, Law, and Justice
- Mind the Gap: A Reply to Ripstein
- Responsibility and Moral Luck: Comments on Benjamin Zipursky, Two Dimensions of Responsibility in Crime, Tort, and Moral Luck
- A Few Instrumental Thoughts About Luck, Accidents, and Insurance
- A Comment on Jeremy Waldron's "Lucky in Your Judge"
- Lack of Luck in the Courts: A Comment on Menachem Mautner
- Temptations of Pure Procedural Justice: A Comment on Elizabeth Anderson
- Is There a Difference Between Moral Luck and "Plain Luck that Has Moral Implications"?
Articles in the same Issue
- Article
- Luck and Identity
- Luck Between Morality, Law, and Justice
- Closing the Gap
- Two Dimensions of Responsibility in Crime, Tort, and Moral Luck
- Wresting Control from Luck: The Secular Case for Aborted Attempts
- Liability Insurance, Moral Luck, and Auto Accidents
- Lucky in Your Judge
- Luck in the Courts
- How Should Egalitarians Cope with Market Risks?
- Luck Egalitarianism and Political Solidarity
- Decentralized Responses to Good Fortune and Bad Luck
- Forum
- Comment on Dan-Cohen's "Luck and Identity"
- Comment on David Enoch's Luck Between Morality, Law, and Justice
- Mind the Gap: A Reply to Ripstein
- Responsibility and Moral Luck: Comments on Benjamin Zipursky, Two Dimensions of Responsibility in Crime, Tort, and Moral Luck
- A Few Instrumental Thoughts About Luck, Accidents, and Insurance
- A Comment on Jeremy Waldron's "Lucky in Your Judge"
- Lack of Luck in the Courts: A Comment on Menachem Mautner
- Temptations of Pure Procedural Justice: A Comment on Elizabeth Anderson
- Is There a Difference Between Moral Luck and "Plain Luck that Has Moral Implications"?
