TY - JOUR
T1 - Luck between morality, law, and justice
AU - Enoch, David
PY - 2007/12/19
Y1 - 2007/12/19
N2 - In this Article, I elaborate on and defend the following argument: (1) There is no moral luck. (2) If there is no moral luck, there should be no legal luck. (3) Therefore, there should be no legal luck (from (1) and (2)). (4) If there is no normatively significant difference between the law (or the state) 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. (5) There is no normatively significant difference between the law (or the state) doing and allowing, or intending and foreseeing. (6) Therefore, there is no normatively significant difference between legal luck and just plain luck that has legal implications (from (4) and (5)). (7) Therefore, plain luck should have no legal implications (from (3) and (6)).
AB - In this Article, I elaborate on and defend the following argument: (1) There is no moral luck. (2) If there is no moral luck, there should be no legal luck. (3) Therefore, there should be no legal luck (from (1) and (2)). (4) If there is no normatively significant difference between the law (or the state) 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. (5) There is no normatively significant difference between the law (or the state) doing and allowing, or intending and foreseeing. (6) Therefore, there is no normatively significant difference between legal luck and just plain luck that has legal implications (from (4) and (5)). (7) Therefore, plain luck should have no legal implications (from (3) and (6)).
UR - http://www.scopus.com/inward/record.url?scp=38049115218&partnerID=8YFLogxK
U2 - 10.2202/1565-3404.1168
DO - 10.2202/1565-3404.1168
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AN - SCOPUS:38049115218
SN - 1565-3404
VL - 9
JO - Theoretical Inquiries in Law
JF - Theoretical Inquiries in Law
IS - 1
M1 - 2
ER -