Diametros 41:56-76 (2014)

Authors
Maciej Juzaszek
Jagiellonian University
Abstract
The article aims to introduce the issue of legal luck and set the direction for further research on this topic. It contains an answer to the question about the relationship between moral luck and legal luck. Three positions are analyzed. The first one, represented by Arthur Ripstein, says that moral luck and legal luck are autonomous issues. The second one, represented by David Enoch, states that legal luck is the result of applying moral luck to law. The third one, on the contrary, refers to the concept of moral luck as a result of applying legal luck to morality. The author discusses diverse conceptions, indicating their strong and weak points, and finally opts for one of them, which leads to a certain view of further research on legal luck
Keywords Artur Ripstein  legal luck  moral luck  David Enoch  relacje prawa i moralności  prawny traf  relations between law and morality  moralny traf
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DOI 10.13153/diam.41.2014.577
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