Luck between morality, law, and justice

David Enoch*

*Corresponding author for this work

Research output: Contribution to journalReview articlepeer-review

31 Scopus citations

Abstract

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)).

Original languageEnglish
Article number2
JournalTheoretical Inquiries in Law
Volume9
Issue number1
DOIs
StatePublished - 19 Dec 2007

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