Moral Luck and the Law

David Enoch

doi:10.1111/j.1747-9991.2009.00265.x

Moral Luck and the Law

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Abstract

Abstract Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

Original language	American English
Pages (from-to)	42-54
Number of pages	13
Journal	Philosophy Compass
Volume	5
Issue number	1
DOIs	https://doi.org/10.1111/j.1747-9991.2009.00265.x
State	Published - 2010

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title = "Moral Luck and the Law",

abstract = "Abstract Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.",

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AB - Abstract Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

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Moral Luck and the Law

Abstract

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