Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through good fortune, (...) the negligence injures no one. And, as BernardWilliams and Thomas Nagel have famously argued, conventional moral thinking often attributes greater blame to an actor for wrongful conduct if that conduct ripens into a terrible event than if it fortuitously causes no harm at all. This Article distinguishes two different dimensions of responsibility and then uses this distinction to explain the problem in all three areas. One dimension is called "fault-expressing responsibility": it is a matter of the degree to which one’s acts constitute conduct that can express one’s character or faultiness. A second dimension of responsibility is called "agency-linking responsibility." In this dimension, the degree to which a person is responsible for some event is dependent upon whether that event is an action of that person. Responsibility can differ in the agency-linking dimension even if it remains the same in the fault-expressing dimension. (shrink)

University of North Carolina at Greensboro Greensboro, NC 27402-6170, USA.

University of North Carolina at Greensboro Greensboro, NC 27402-6170, USA.

The following argument is addressed: (1) a person is morally responsible for an event's occurring only if that event's occurring was not a matter of luck; (2) no event is such that its occurring is not a matter of luck; therefore, (3) no event is such that someone is morally responsible for its occurring. Two notions of control are distinguished: restricted and complete. (2) is shown false on the first interpretation, (1) on the second. The discussion involves a distinction between (...) resultant and situational luck, And it is argued that, Even when luck's role in life, And the unfairness that stems from it, Is acknowledged, Moral responsibility remains possible. (shrink)

Christopher New recently argued for the seemingly paradoxical idea that there is no moral reason not to punish someone before she commits her crime (‘prepunishment’), provided that we can be sure that she will, in fact, commit the crime in the future. I argue that the air of paradox dissolves if we understand the possibility of prepunishment as relying on an anti‐moral‐luck position. However, New does not draw the full conclusions from such a position, which would allow prepunishment even prior (...) to the formation of a wrongful intention, on the basis of the idea that bad character is enough to entail blameworthiness. I conclude by examining a legal system which seems to use the idea of prepunishment, i.e. the Talmudic idea that we might punish a child who has not yet sinned in order to save him from sinning in the future. (shrink)

Philosophical discussions of the phenomenon that has come to be known as ‘moral luck’ have either dismissed it as illusory or touted it as the evidence for doubting the probative value of our commitment to certain widely avowed views concerning interpersonal assessments of responsibility. In this discussion, we present a third, distinctive interpretation of the moral luck phenomenon. Drawing upon empirically robust results from psychological studies of judgment bias, we argue that the phenomenon of moral luck is demonstrably not illusory. (...) What we suggest, however, is that the phenomenon ought not to be taken to countenance doubts about the standards generally taken to be regulative of assessments of interpersonal responsibility. Rather, its significance lies in foregrounding certain generally unacknowledged obstacles we face in the process of conclusively applying general valid moral standards in making specific judgments of responsibility and desert.1. (shrink)

This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by some philosophers to exemplify the need to (...) admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

Contemporary debates about "moral luck" were inaugurated by Thomas Nagel’s celebrated essay on the topic. Nagel notes that the puzzle about moral luck is formally parallel to the familiar epistemological problem of skepticism. In each case, the problem is generated by the apparent coherence of the thought that inner aspects of our lives are self-contained, and can be both understood and evaluated without any reference to anything external. Epistemological skepticism begins with the thought that my thoughts could be exactly as (...) they are without any contact with the world outside, where "exactly as they are" is glossed in terms of the grounds that connect those thoughts with each other and provide the basis for our confidence in them. In the practical case, the problem of moral or legal luck arises from the thought that the only basis we have for evaluating a person’s action is his decision to perform that action. The Kantian and post-Kantian response to epistemological skepticism is not to try to defeat the skeptic on his or her own grounds, but rather to show that there is something wrong in the way the problem is set up. Our ordinary ways of thinking about ordinary things, and other persons, are only in trouble if they rest on an unwarranted inference from something that is more secure. I will engage with legal luck in a parallel way: our ordinary ways of thinking about responsibility are only in trouble if they rest on an unwarranted inference from something more secure. I argue that the concept of a completed wrong is basic to law, and that aspects of human interaction on which luck-skeptics focus — blameworthiness and harm — are derivative. I frame the issue not in terms of moral significance, but rather in terms of the authorization of the state to use force, either to order the payment of damages in tort or to imprison criminals. In the first part of the Article I consider the case of tort liability for negligence, explaining the structure of a completed wrong and the correspondingly derivative significance of carelessness as such. In the second part I turn to the issue of criminal punishment. I offer a brief explanation of the state’s authority to punish, before going on to show that the basic case that engages this authority is the completed crime. I then show why the failed attempt also attracts punishment, even though it is a derivative case. (shrink)

The general problem of moral luck—that responsibility is profoundly affected by factors beyond the control of the person held responsible—is often said to cause special problems for strict liability, as opposed to negligence liability. Negligence, the argument runs, holds people responsible for both fault and fate whereas strict liability holds people accountable solely for fate. This criticism is off the mark, both in its specific claim and in its general implications. The specific criticism is mistaken because the choice between negligence (...) and strict liability holds the contributions of fate constant. Strict liability holds people accountable for harms attributable to their agency, whereas negligence liability holds people accountable for harms attributable to their culpable agency. The more general thesis that strict liability puts agents at the mercy of fate is mistaken because the most important form of strict liability—strict enterprise liability in the law of torts—actually softens the blows of fate. In a world where the costs of accidents can be dispersed across the activities which engender them, strict enterprise liability substitutes certain but manageable insurance premiums for unpredictable but potentially catastrophic liability, and replaces less certain compensation for serious injury with more certain compensation. By subjecting us to a lottery some of whose spins of the wheel impose financial ruin, it is fault liability that puts our actions at the mercy of luck. (shrink)

Thomas Nagel recognizes that it is commonly believed that people can neither be held morally responsible nor morally assessed for what is beyond their control. Yet he is convinced that although such a belief may be intuitively plausible, upon reflection we find that we do make moral assessments of persons in a large number of cases in which such assessments depend on factors not under their control. Of such factors he says: (p. 26).

Suppose that a world in which we have an utterly non-consequentialist moral status is a better world than one in which we don’t have such a status. Does this give any reason to believe that we have such moral status? Suppose that a world without moral luck is worse than a world with moral luck. Does this give any reason to believe that there is moral luck? The problem is that positive answers to these questions1 seem to commit us to (...) instances of the inference ‘Wouldn’t it be nice if p, therefore, p’. Perhaps it would be nice if we had utterly nonconsequentialist dignity. How is this any reason to believe that we have such status? Perhaps it would be nice if there were moral luck. How is this any reason to believe that there is moral luck? Thus stated, such inferences look ridiculous, paradigmatic cases of wishful thinking.2 And yet they do not sound so obviously ridiculous, at least not as ridiculous as non-moral instances of the same argument schema3 (it would be nice if there were world peace, therefore, there is world peace). Can something be said in defence of such arguments, at least in morality? (shrink)

Some of the recent philosophical literature on moral luck attempts to make headway in the moral-luck debate by employing the resources of empirical psychology, in effect arguing that some of the intuitive judgments relevant to the moral-luck debate are best explained - and so presumably explained away - as the output of well-documented cognitive biases. We argue that such attempts are empirically problematic, and furthermore that even if they were not, it is still not at all clear what philosophical significance (...) they would have. (shrink)

In this Article, I elaborate on and defend the following argument: There is no moral luck. If there is no moral luck, there should be no legal luck. Therefore, there should be no legal luck and ). If there is no normatively significant difference between the law 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. There is no normatively significant difference between the law (...) doing and allowing, or intending and foreseeing. Therefore, there is no normatively significant difference between legal luck and just plain luck that has legal implications and ). Therefore, plain luck should have no legal implications and ). (shrink)

Philosophical discussions of the phenomenon that has come to be known as ‘moral luck’ have either dismissed it as illusory or touted it as the evidence for doubting the probative value of our commitment to certain widely avowed views concerning interpersonal assessments of responsibility. In this discussion, we present a third, distinctive interpretation of the moral luck phenomenon. Drawing upon empirically robust results from psychological studies of judgment bias, we argue that the phenomenon of moral luck is demonstrably not illusory. (...) What we suggest, however, is that the phenomenon ought not to be taken to countenance doubts about the standards generally taken to be regulative of assessments of interpersonal responsibility. Rather, its significance lies in foregrounding certain generally unacknowledged obstacles we face in the process of conclusively applying general valid moral standards in making specific judgments of responsibility and desert.1. (shrink)

Solving the problem of moral luck—the problem of dealing with conflicting intuitions about whether moral blameworthiness varies with luck in cases of negligence—is like repairing a dented fender in front of two kinds of critic. The one keeps telling you that there is no dent, and the other sees the dent but keeps warning you that repairing it will do more harm than good. It is time to straighten things out. As I argue elsewhere, the solution to the problem of (...) moral luck is finally revealed. Our task now is twofold: to hold a magnifying glass up to the initial problem, so that all might finally see it; and to dismiss unfounded fears about solving that problem, so that all might finally stop grinning and bearing it. (shrink)

I take a close look at Bernard Williams’s paper "Moral Luck," which put this notion on the philosophical agenda. Williams’s focal example is the painter Paul Gauguin. According to Williams, Gauguin’s morally dubious decision to desert his family so as to pursue an artistic career can be redeemed only by his partially fortuitous success as a painter. This is shown by the consideration that a successful Gauguin would not be able to regret his decision, whereas failure would have prompted regret. (...) I suggest that the best way to understand this claim is to see Gauguin’s decision to become an artist as a constitutive decision, which launches what for him proved to be a defining project. One cannot coherently regret the realization of such a project or the decision that gave rise to it because that would amount to wishing to be someone else: conditions of personal identity set the limits on the counterfactuals about ourselves that we can intelligibly entertain. However, not being able to regret the constitutive elements of one’s life is not the same as approving of these elements. So I disagree with Williams’s ultimate conclusion that the inability to regret a decision signals some justification for it, no matter how attenuated. (shrink)

Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck is present in the hypotheticals because two equally careless drivers are assessed differently because only one of them caused an accident. This Article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, the Article explains (...) that auto liability insurance substantially mitigates moral luck and argues that, as a result, the moral luck literature is unlikely to make a significant contribution to this public policy debate. The debate would benefit more from philosophical analysis of victims’ luck, which is not as substantially mitigated by liability insurance. (shrink)

Some of the most interesting questions about Kant, and more particularly about his moral philosophy, arise when he is placed alongside the giants of antiquity. Where does he come together with Plato? Where with Aristotle? Where does he diverge from each? He comes together with Plato in a shared conception of Ideas. When he first outlines how he is using the term ‘Idea’ in the Critique of Pure Reason , he insists that he is using it in none other than (...) its original Platonic sense; and he explains away certain discrepancies with the comment: It is by no means unusual… to find that we understand [an author] better than he has understood himself. As he has not sufficiently determined his concept, he has sometimes spoken… in opposition to his own intention. (shrink)

This book considers two different approaches to moral luck--the Aristotelian vulnerability to factors outside the agent's control and the Kantian ambition to make morality immune to luck--and concludes that both approaches have more in common than previously thought. At the same time, it also considers recent developments in the field of virtue ethics and neo-kantianism.