I argue that there exists a proportional relationship between degrees of moral culpability and degrees of probability, where the more an agent believes her actions will result in certain consequences, the more morally culpable she is for these consequences. I assert that this degree of probability is necessarily diminished by the existence of active supernatural powers. Consequently, agents who believe in such powers are less morally culpable than agents who do not.

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally (...) responsible for certain kinds of lucky consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)

One response to the existential threat posed by a super-intelligent AI is to design it to be friendly to us. Some have argued that even if this were possible, the resulting AI would treat us as we do our pets. Sparrow (AI & Soc. https://doi.org/10.1007/s00146-023-01698-x, 2023) argues that this would be a bad outcome, for such an AI would dominate us—resulting in our freedom being diminished (Pettit in Just freedom: A moral compass for a complex world. WW Norton & (...) Company, 2014). In this paper, I consider whether this would be such a bad outcome. (shrink)

Does one’s causal responsibility increase the degree of one’s moral responsibility? The proponents of resultant moral luck hold that it does. Until quite recently, the causation literature has almost exclusively been interested in the binary question of whether one factor is a cause of an outcome. Naturally, the debate over resultant moral luck also revolved around this binary question. However, we have seen an increased interest in the question of degrees of causation in (...) recent years. And some philosophers have already explored various implications of a graded notion of causation on resultant moral luck. In this paper, I will do the same. But the implications that I will draw attention to are bad news for resultant moral luck. I will show that resultant moral luck entails some implausible results that leave resultant moral luck more indefensible than it was previously thought be. I will also show that what is typically taken to be the positive argument in favor of resultant moral luck fails. I will conclude that we should reject resultant moral luck. (NOTE: Email me for a copy.). (shrink)

Resultant moral luck occurs whenever aspects of an agent’s moral responsibility are affected by luck pertaining to the outcomes of their actions. Many authors reject the existence of moral luck in this sense, but they do so in different ways. Michael Zimmerman argues that resultant luck affects the scope of moral responsibility, but not its degree. That is, it affects what agents are responsible for, but not how responsible they are. (...) Andrew Khoury takes a more resolute approach, arguing that both the scope and the degree of moral responsibility are free from resultant luck.In this paper, I criticize both accounts and develop an alternative. I argue, first, that Khoury’s approach leads to an implausibly far-reaching error-theory about moral responsibility. Second, Zimmerman’s account cannot account for all the ways in which moral responsibility comes in degrees. Third, these problems can be overcome by introducing a distinction between two concepts of responsibility that both come with scope and degree. The first concept I call internal responsibility, as it applies exclusively to agent-internal factors. The second concept I call external responsibility, as it applies to (partly) agent-external factors such as actions and their outcomes. Given this distinction, we can avoid the problems of Khoury’s as well as Zimmerman’s accounts while preserving the central intuition behind the rejection of resultant moral luck. (shrink)

The puzzle of resultant moral luck arises when we are disposed to think that an agent who caused a harm deserves to be blamed more than an otherwise identical agent who did not. One popular perspective on resultant moral luck explains our dispositions to produce different judgments with regard to the agents who feature in these cases as a product not of what they genuinely deserve but of our epistemic situation. On this account, there (...) is no genuine resultant moral luck; there is only luck in what evidence becomes available to observers. In this paper, I develop an evolutionary account of our inclination to take the results of actions as evidence for the mental states of agents, thereby explaining why the resulting intuitions are recalcitrant to correction. The account explains why the puzzle of resultant moral luck arises: because our disposition to take the harms agents cause as evidence of their mental states can produce intuitions which conflict with those that arise when we examine agents’ mental states without reference to the results of their actions. The account also helps to solve the puzzle of resultant moral luck, by providing a strong reason to ignore the intuitions caused by our disposition to regard actual harms as evidence of mental states. Since these intuitions arise using an unreliable proxy for agents’ mental states, they ought to be trumped by more reliable evidence. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities (...) and those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

This paper discusses a puzzling tension in attributions of moral responsibility in cases of resultant moral luck: we seem to hold agents fully morally responsible for unlucky outcomes, but less-than-fully-responsible for unlucky outcomes brought about differently than intended. This tension cannot be easily discharged or explained, but it does shed light on a famous puzzle about causation and responsibility, the Thirsty Traveler.

This chapter offers a definition of luck from Aristotle's Physics, considers how this definition of luck from the Physics relates to Aristotle's treatment of luck in his works on ethics and the good life, as well as how it compares with the modern understanding of moral luck.

Philosophers often consider problems of free will and moral luck in isolation from one another, but both are about control and moral responsibility. One problem of free will concerns the difficult task of specifying the kind of control over our actions that is necessary and sufficient to act freely. One problem of moral luck refers to the puzzling task of explaining whether and how people can be morally responsible for actions permeated by factors beyond their (...) control. This chapter explicates and assesses skeptical, compatibilist, and libertarian approaches to moral luck. First, I argue that what makes the above problems of free will and moral luck distinct is largely their emphasis on different kinds of luck. Second, I describe and evaluate skeptical arguments from constitutive and circumstantial luck that it is impossible to act freely. Third, I explicate and assess various support and implication relationships between various kinds of compatibilism and libertarianism, on the one hand, and causal, constitutive, circumstantial, and resultant moral luck, on the other. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence (...) of only some of them would make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

Many of us are inclined to accept something like the following principle: We can only be properly morally assessed for what is in our control. And yet our ordinary practices seem to frequently violate this principle. The resulting tension, and the attempt to resolve it, is the problem of moral luck. For example, we tend to punish and think worse of the negligent driver who kills a child than we do the equally negligent driver who was lucky there (...) was no child in his path. Thus, the lucky outcomes of our actions do seem to affect the extent to which we hold and are held responsible, but these are not things over which we exercise control. And, as Thomas Nagel famously illustrated in his response to Bernard Williams (the two of which papers form the founding documents of the moral luck debate), the influence of luck is not limited to outcomes. For the circumstances in which we find ourselves and, indeed, our very constitution are also shaped by luck. Since the publication of Williams's and Nagel's papers, the existence and breadth of moral luck has been hotly debated. This debate is not a mere intellectual trifle but, as the essays in this volume illustrate, a debate which lies at the heart of free will, responsibility, identity, causation, and self-creation. (shrink)

Moral luck, until recently, has been understood either explicitly or implicitly through using a lack of control account of luck. For example, a case of resultant moral luck is a case where an agent is morally blameworthy or more morally blameworthy or praiseworthy for an outcome despite that outcome being significantly beyond that agent's control . Due to a shift in understanding the concept of luck itself in terms of modal robustness, however, other (...) accounts of moral luck have surfaced. Both Duncan Pritchard and Julia Driver have offered an alternative way of understanding moral luck by employing versions of a modal account of luck. This essay considers some problems with these accounts and attempts to resolve them. (shrink)

Moral luck, until recently, has been understood either explicitly or implicitly through using a lack of control account of luck. For example, a case of resultant moral luck is a case where an agent is morally blameworthy or more morally blameworthy or praiseworthy for an outcome despite that outcome being significantly beyond that agent's control (Nagel ). Due to a shift in understanding the concept of luck itself in terms of modal robustness, however, (...) other accounts of moral luck have surfaced. Both Duncan Pritchard () and Julia Driver () have offered an alternative way of understanding moral luck by employing versions of a modal account of luck. This essay considers some problems with these accounts and attempts to resolve them. (shrink)

'Moral luck' refers to the phenomenon whereby one's degree of blameworthiness for what one has done varies on account of factors beyond one's control. Applying concepts of Dworkin's from the domain of distributive justice, I draw a distinction between 'option moral luck,' which is that to which one has exposed oneself as the result of one's voluntary choices, and 'brute moral luck,' which is that which is unchosen and unavoidable. I argue that option (...) class='Hi'>moral luck is not ruled out on grounds of unfairness. I also offer a non-fairness-based rejection of brute moral luck and defense of option moral luck. (shrink)

There is a contradiction in our ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. Consider some examples in order to make that idea concrete. Two reckless drivers manage their vehicles in the same way, and one but not the other kills a pedestrian. Two corrupt judges would each freely take a bribe if one were offered. By luck of the courthouse draw, only one judge (...) is offered a bribe, and so only one takes a bribe. Luck is the salient difference between the agents in each case. After all, the spatial location of the pedestrian is outside of each driver’s control, and being offered a bribe is outside of each judge’s control. But we blame the killer driver more than the merely reckless driver, and we blame the bribe-taker more than the mere would-be bribe-taker. This is because we believe that the killer driver and the bribe-taker are more blameworthy than each of their counterparts. Nevertheless, the idea that luck affects moral responsibility contradicts another feature of our thinking captured in this moral principle: A person’s blameworthiness cannot be affected by that which is not within her control. This moral principle yields the verdict that the drivers are equally blameworthy and that the judges are equally blameworthy. So, to put the contradiction in concrete terms, our thinking about moral responsibility implies that the drivers are and are not equally blameworthy, and the same is true for the judges. -/- I argue that only the first strand of our thinking is correct. Certain kinds of luck in results, circumstances, and character can partially determine a person’s praiseworthiness and blameworthiness. In terms of the examples, I argue that the killer driver and the bribe-taker are more blameworthy than each of their counterparts. But if I am to make genuine progress in the moral luck debate, my arguments cannot appeal to case intuitions such as ‘the killer driver is more blameworthy,’ because the problem of moral luck is fundamentally a clash of intuitions. So, I offer arguments from diverse areas in philosophy in order to ensure that they do not bottom out in standard pro-moral luck intuitions. (shrink)

Clinicians regularly work as teams and perform joint actions that have a great deal of moral significance. As a result, clinicians regularly share moral responsibility for the actions of their teams and other clinicians. In this paper, we argue that clinicians are exceptionally susceptible to a special type of moral luck, called interpersonal moral luck, because their moral statuses are often affected by the actions of other clinicians in a way that is not (...) fully within their control. We then argue that this susceptibility partly explains why a conscientious clinician has reason to avoid participating in unvirtuous healthcare teams. We also argue that this susceptibility partly explains the special systems of entitlements that characterize healthcare teams and set healthcare teams apart from other teams of workers. (shrink)

Available from UMI in association with The British Library. ;Typically we maintain two incompatible standards towards right action and good character, and the tension between these polarities creates the paradox of moral luck. In practice we regard actions as right or wrong, and character as good or bad, partly according to what happens as a result of the agent's decision. Yet we also think that people should not be held responsible for matters beyond their control. ;This split underpins (...) Kant's assertion that only the good will is securely good, that its goodness is impervious to outcome ill-luck. Some commentators, such as Martha Nussbaum and to some extent Bernard Williams, think that this simply writes off the paradox. Williams asserts that the paradox is insoluble, and that its inescapability threatens the notion of agent responsibility. In contrast Thomas Nagel argues that agents' most cherished projects may be indeed be subject to luck, but that does not mean that their deepest motivations are moral. This, I suggest, is one of several means whereby we might limit the effect of the paradox without denying that the tension exists. But I also argue that it is wrong to accuse Kant of ignoring the paradox. ;Ethical consequentialists, on the other hand, appear to have no problem with moral luck, because the paradox depends on a dichotomy between the outside world and the locus of moral worth in the individual agent. But this turns out not to be true. The problem of moral luck is not some strange Kantian fixation, but a general dilemma: a variant on what Nagel terms "the problem of excess objectivity" which cuts across all of ethics and metaphysics. ;Retaining a broadly Kantian notion of agent-responsibility, but limiting what agents are responsible for, requires us to delineate the realm of ethics more narrowly than has been done by those who believe that the rational and/or prudential are coterminous with the ethical. This strategy for minimising the paradox's impact is explored in two areas from medical ethics, the allocation of scarce medical resources and informed consent, and two from public policy, secrecy and nuclear deterrence. Throughout, the analysis seeks to test Nagel's maxim that the best we can hope for is to act in such a manner that we would not have to revise our opinion of how we should have acted once the consequences of our actions become apparent. (shrink)

The aims of this paper are fourfold. The first aim is to characterize two distinct forms of circumstantial moral luck and illustrate how they are implicitly recognized in pre-theoretical moral thought. The second aim is to identify a significant difference between the ways in which these two kinds of circumstantial luck are morally relevant. The third aim is to show how the acceptance of circumstantial moral luck relates to the acceptance of resultant (...) class='Hi'>moral luck. The fourth aim is to defuse a legitimate concern about accepting the existence of circumstantial moral luck, namely the fact that its existence implies substantial moral risks. (shrink)

The problem of moral luck arises due to a particular tension in our thought. On the one hand, we seem readily inclined to endorse the principle that moral responsibility, that is, one’s praiseworthiness or blameworthiness, cannot be affected by luck, that is, by factors over which one lacks control. But, when we examine our actual practices, we find that our moral judgments are highly sensitive to luck. This resulting tension between principle and practice is (...) the problem of moral luck, and an attempt to solve this problem is an attempt to resolve this tension. The article first explains the traditional characterization of the problem and reviews three general strategies in responding to it. It is then argued that we should characterize the problem in a slightly broader way. This refocusing turns out to have significant methodological implications. (shrink)

This paper concerns the problem of moral luck—the fact that our moral judgements appear to depend, perhaps unjustifiably, on matters of luck. The history and scope of the problem are discussed. It is suggested that our result-sensitive sentiments have their origin in views about moral pollution we might now wish to reject in favour of a volitionalist ethics.

We see cases of moral luck arising in recent times, as we face the uncertainties of provisional rules for navigating the coronavirus pandemic. How should we respond to rule-breakers, and how should they view themselves, when they cause harm inadvertently? Although some argue that guilt is unnecessary for any harm that may result from luck, this paper takes moral luck seriously and encourages consideration of the benefits to be achieved by expressions of self-blame amidst troubling (...) circumstances, from pure accidents to how we live during pandemics. It argues that rule-breakers in public health crises show us the importance of taking responsibility for our actions. (shrink)

In resultant moral luck, blame and punishment seem intuitively to depend on downstream effects of a person’s action that are beyond his or her control. Some skeptics argue that we should override our intuitions about moral luck and reform our practices. Other skeptics attempt to explain away apparent cases of moral luck as epistemic artifacts. I argue, to the contrary, that moral luck is real—that people are genuinely responsible for some things (...) beyond their control. A partially consequentialist theory of responsibility justifies moral luck. But this justification is no mere rationalization of the status quo. Recent experimental and evolutionary work on punishment and learning suggests that the very same reasons that justify moral luck have also shaped the evolution of our luck-sensitive moral practices. (shrink)

Despite bernard williams's and thomas nagel's attempts to show that moral luck poses deep problems about the reality of morality or the tenability of our actual moral concepts, It is argued that moral luck has this sort of alarming result only if we are (roughly) kantians about moral agency. Minus certain implausible assumptions, Moral luck is neither contradictory, Paradoxical, Or even surprising.

The problem of moral luck is a genuine moral problem faced by all of us where the conflict arises on how and upon whom one should place the burden of moral responsibility when the situation is beyond one‟s control. On one hand, people commonly think that a person cannot be justly praised or blamed for his actions unless he controls them. On the other hand, ordinary moral judgments of persons routinely vary based on the actual (...) consequences caused by the person, even when partly or wholly beyond his control. The problem lies in the apparent conflict between the idea that a morally responsible agent must control his actions and the standard practice of blaming people more simply for causing worse results even when the factors are beyond his control. My paper will focus on the various types of moral luck as explained by Thomas Nagel and analyze that the seemingly hopeless situations in the various cases of moral luck can be satisfactorily resolved by a proper theory of moral responsibility. (shrink)

I argue that any account attempting to do away with resultant or circumstantial moral luck is inconsistent with a natural response to the problem of constitutive moral luck. It is plausible to think that we sometimes contribute to the formation of our characters in such a way as to mitigate our constitutive moral luck at later times. But, as I argue here, whether or not we succeed in bringing about changes to our characters (...) is itself a matter of resultant and circumstantial moral luck. I conclude with a dilemma, both horns of which require accepting some form of moral luck. (shrink)

This paper takes under consideration a piece by Roger Crisp in which he questions what the problem of moral luck can teach us about COVID-19 lockdown rule-breakers. Taking the position that although such rule-breakers might seem to be new examples of moral luck, Crisp ends up denying the existence of moral luck and argues that moral luck is an outdated notion in so far as it relies on other questionable aspects of morality, (...) that is, retributivist punishment and blame. Although the author agrees with Crisp that pandemic rule-breaker cases are putative examples of resultant moral luck, he proposes that Crisp has misconstrued what moral luck is and the paper examines in detail what he sees as the numerous problems with Crisp’s claims. The author concludes that Crisp’s analysis of pandemic rule-breaking does not shed any new light on the moral luck debate, and the difficult questions of luck, moral responsibility, and desert are not so easily resolved. -/- . (shrink)

In the modern moral luck debate, Kant is standardly taken to be the enemy of moral luck. My goal in this paper is to show that this is mistaken. The paper is divided into six sections. In the first, I show that participants in the moral luck literature take moral luck to be anathema to Kantian ethics. In the second, I explain the kind of luck I am going to focus on (...) here: consequence luck, a species of resultant luck. In the third, I explain why philosophers have taken Kantian ethics to reject moral luck and, in particular, consequence luck. In the fourth, I explain why these philosophers are mistaken, and I set out Kant’s theoretical framework for consequence luck. In the fifth, I clarify and defend this framework, and in the sixth, I interrogate and attack it. (shrink)

This paper addresses the concept of moral luck. Moral luck is discussed in the context of medical error, especially an error of omission that occurs frequently, but only rarely has adverse consequences. As an example, a failure to compare the label on a syringe with the drug chart results in the wrong medication being administered and the patient dies. However, this error may have previously occurred many times with no tragic consequences. Discussions on moral (...) class='Hi'>luck can highlight conflicting intuitions. Should perpetrators receive a harsher punishment because of an adverse outcome, or should they be dealt with in the same way as colleagues who have acted similarly, but with no adverse effects? An additional element to the discussion, specifically with medical errors, is that according to the evidence currently available, punishing individual practitioners does not seem to be effective in preventing future errors. The following discussion, using relevant philosophical and empirical evidence, posits a possible solution for the moral luck conundrum in the context of medical error: namely, making a distinction between the duty to make amends and assigning blame. Blame should be assigned on the basis of actual behavior, while the duty to make amends is dependent on the outcome. (shrink)

Robert Hartman’s parallelism argument aims to show that resultant moral luck exists. The gist of the argument is this: because there is circumstantial moral luck in a particular circumstantial luck scenario and that scenario is analogous in important ways to a particular resultant luck scenario, the resultant luck scenario is plausibly an instance of resultant moral luck. I argue that there is a principled way of denying that (...) circumstantial moral luck is present in the circumstantial luck scenario. Doing so is not enough, however, to reject Hartman’s general analogical line of reasoning since an alternative parallelism argument based on a resultant luck scenario and a circumstantial luck scenario of another kind can be made. Nevertheless, I argue that the analogy between the circumstantial luck scenario and the resultant luck scenario in both the alternative parallelism argument and its original counterpart is too weak to support the claim that resultant moral luck is present in the resultant luck scenario. (shrink)

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. (shrink)

In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its attempt to justify torture insofar as its proponents (...) seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome. (shrink)

Scientific discoveries are often to some degree influenced by luck. Whether luck’s influence is at odds with common-sense intuitions about responsibility, is the central concern of the philosophical debate about moral luck. Do scientists acknowledge that luck plays a role in their work and – if so – do they consider it morally problematic? The present article discusses the results of four focus groups with scientists, who were asked about their views on luck in (...) their fields and its moral implications. The participants underscored circumstantial luck as a key dimension of luck in science. Nevertheless, most participants insisted that there are ways of executing ‘control’ in science: They believe that virtues and skills can increase one’s chances for success. The cultivation of these skills and virtues was considered a reasonable ground for pride. Prizes and rewards were rarely tied to personal desert, but instead to their societal function. (shrink)

In their article “No Luck for Moral Luck”, the authors claim to have dissolved the philosophical puzzle of resultant moral luck through empirical studies that show that people do not judge morally lucky and morally unlucky agents differently. In this paper, I will argue that one can accept the results of their experiment and still uphold the puzzle of resultant moral luck. In order to do so, I will first turn to (...) Machery’s suggestion that implicit biases should be viewed as traits instead of mental states and introduce three levels of moral commitment. I will use the distinctions made in Machery to argue that Kneer and Machery’s experiments test respondents’ second-level moral commitments but that the puzzle of moral luck is actually about third-level moral commitments which are indicative of traits that manifest in practice. I will make this point by returning to Nagel's article and arguing that the original puzzle of resultant moral luck is best described as a puzzle about moral practice rather than moral theory. As a result, Kneer and Machery’s analysis does not show that people do not have a Difference Intuition as they claim, but only that they have a second-level theoretical commitment to the control principle, which is a conclusion that should have been expected given Nagel’s formulation of the problem. (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)

I bring together three philosophical accounts to argue that differential social shaping puts agents’ autonomy status outside their complete control, thanks to specific forms of good and bad luck generated by agents’ membership in socially privileged and socially oppressed groups. Oppression generates psychological harms and external damages, all of which can impede autonomy. Relational Autonomy analyses suggest that agents become autonomous only through relationships with others and further enact that autonomy in social contexts. Moral Luck theorists examine (...) the apparent paradoxes involved in our being held responsible for states and results outside our control; I consider the import of constitutive luck, situational luck, and resultant luck. We have limited control—hence, luck—with reference to beneficial and harmful ways in which relationships and social institutions affect our autonomy. (shrink)

I bring together three philosophical accounts to argue that differential social shaping puts agents’ autonomy status outside their complete control, thanks to specific forms of good and bad luck generated by agents’ membership in socially privileged and socially oppressed groups. Oppression generates psychological harms and external damages, all of which can impede autonomy. Relational Autonomy analyses suggest that agents become autonomous only through relationships with others and further enact that autonomy in social contexts. Moral Luck theorists examine (...) the apparent paradoxes involved in our being held responsible for states and results outside our control; I consider the import of constitutive luck, situational luck, and resultant luck. We have limited control—hence, luck—with reference to beneficial and harmful ways in which relationships and social institutions affect our autonomy. (shrink)

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that (...) the authors’ attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (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)

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)

Notwithstanding the demands of retributive desert, strict criminal liability is sometimes defensible when the strict liability pertains, not to whether conduct is to be criminalized at all, but to the seriousness of the actor’s crime. Suppose an actor commits an intentional assault or rape, and accidentally brings about a death. Punishing the actor more seriously because the death resulted is sometimes justifiable, even absent proof of his independent culpability as to the death. But what punishment is proportionate for such an (...) actor? Should he be punished as harshly as an intentional or knowing killer? This article offers a framework for analysing these difficult questions. After rejecting a broad forfeiture justification for strict liability in grading, it articulates a more promising set of arguments, premised on the actor’s ‘change of normative position’ by choosing to commit a crime. Three principles of culpability sometimes justify strict liability in grading: holistic culpability, attention to the degree of unjustifiability of the risk, and rough comparability in culpability. Strict liability in grading can be appropriate when the risk of committing the more serious crime (i) is a risk intrinsic to the less serious crime or (ii) is minimally foreseeable. The article also addresses the relevance of moral luck, ie the principle that the fortuitous occurrence of a result or circumstance increases the actor’s just deserts. Even if moral luck is recognized, it cannot fully justify strict liability in grading. (shrink)

ABSTRACT This article shows how the “problem of moral luck” and Sartre's concept of “bad faith” are mutually illuminating, since both have to do with confusions about how much we control, or are controlled by, our situations. I agree with three recent proposals that the problem of moral luck results from certain epistemic malfunctions. However, I argue that the problem cannot be dissolved by overcoming these malfunctions because they are rooted in bad faith. Against the currently (...) dominant interpretation, I argue that bad faith is an inescapable condition of human being because, while we are both free and factical, we can only exist as one or the other at once, thus always keeping an aspect of our nature hidden from ourselves. (shrink)

Far from being indiscriminately critical of the ideas he associated with the morality system, Bernard Williams offered vindicatory explanations of its crucial building blocks, such as the moral/non-moral distinction, the idea of obligation, the voluntary/involuntary distinction, and the practice of blame. The rationale for these concessive moves, I argue, is that understanding what these ideas do for us when they are not in the service of the system is just as important to leading us out of the system (...) as the critique of that system. I then show how regarding the aspiration to shelter life from luck as the system’s organizing ambition explains why the system elaborates and combines these building blocks in the way it does. Finally, I argue that the ultimate problem with the resulting construction is its frictionless purity. It robs valuable concepts of their grip on the world we live in, and, by insisting on purity from contingency, threatens to issue in nihilism about value and scepticism about agency. (shrink)

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)

In this paper a new resolution to the gamer’s dilemma is presented. The first part of the paper is devoted to strictly formulating the dilemma, and the second to establishing its resolution. The proposed resolution, the grave resolution, aims to resolve not only the gamer’s dilemma, but also a wider set of analogous paradoxes – which together make up the paradox of treating wrongdoing lightly.

Most people agree that murder is wrong. Yet, within computer games virtual murder scarcely raises an eyebrow. In one respect this is hardly surprising, as no one is actually murdered within a computer game. A virtual murder, some might argue, is no more unethical than taking a pawn in a game of chess. However, if no actual children are abused in acts of virtual paedophilia (life-like simulations of the actual practice), does that mean we should disregard these acts with the (...) same abandon we do virtual murder? In this paper I shall outline several arguments which attempt to permit virtual murder, whilst prohibiting virtual paedophilia. (shrink)

Strokes of Luck provides a detailed and wide-ranging examination of the role of luck in moral and political philosophy. The first part tackles debates in moral luck, which are concerned with the assignment of blameworthiness to individuals who are separated only by lucky differences. ‘Anti-luckists’ think that an agent who, for example, attempts and succeeds in an assassination and an agent who attempts and fails are equally blameworthy. This book defends an ‘anti-anti-luckist’ argument, according to (...) which the successful assassin is more blameworthy than the unsuccessful one. Moreover, the successful assassin is, all things equal, a worse person than the unsuccessful one. The worldly outcomes of our acts can make an all-important difference, not only to how bad our acts can be deemed, but to how bad we are. The second part enters into debates about distributive justice. It is argued that the attempt to neutralize luck in the distribution of advantages among individuals does not deserve its prominence in political philosophy: the ‘luck egalitarian’ programme is flawed. A better way forward is to re-invest in John Rawls’s ‘justice as fairness, which demonstrates a superior way of taming the bad effects of luck and unchosen disadvantage. (shrink)