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Moral Luck and the Law
Author(s) -
Enoch David
Publication year - 2010
Publication title -
philosophy compass
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.973
H-Index - 25
ISSN - 1747-9991
DOI - 10.1111/j.1747-9991.2009.00265.x
Subject(s) - luck , argumentative , epistemology , moral disengagement , psychology , law , philosophy , political science
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.