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Lucky in Your Judge
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Jeremy Waldron
Veröffentlicht/Copyright:
19. Dezember 2007
This Article considers the role of luck in judicial outcomes, stemming from differences in the moral and legal views and reasoning of the judges who decide them. It suggests that luck is ineliminable from a system of positive law and that although it poses important moral problems of unpredictability, arbitrariness, and unfairness, it is not easily remediable. It is certainly not remediable by replacing a system of positive law with a system of adjudication addressing moral issues directly. Nor is it remediable by insisting on integrity as a feature of judicial decision-making.
Published Online: 2007-12-19
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Artikel in diesem Heft
- 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"?
Artikel in diesem Heft
- 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"?
