Luck between Morality, Law, and Justice

theoretical Inquiries in Law 9 (2008), 23-59.

38 Pages Posted: 18 May 2015

See all articles by David Enoch

David Enoch

Hebrew University - The Philosophy Department and the Law School

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

Enoch, David, Luck between Morality, Law, and Justice (May 17, 2015). theoretical Inquiries in Law 9 (2008), 23-59., Available at SSRN: https://ssrn.com/abstract=2607200

David Enoch (Contact Author)

Hebrew University - The Philosophy Department and the Law School ( email )

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