Luck between Morality, Law, and Justice
theoretical Inquiries in Law 9 (2008), 23-59.
38 Pages Posted: 18 May 2015
Date Written: May 17, 2015
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)).
Keywords: Moral Luck, Legal Luck, Luck Egalitarianism, Legal Theory
Suggested Citation: Suggested Citation