Recasting the problem of resultant luck

Legal Theory 15 (4):267-300 (2009)

Abstract
I offer in this paper an argument in support of the orthodox view that resultant luck should not affect judgments of blameworthiness—and so, for example, that we should not blame the successful assassin more than the attempted assassin who equally tries but fails. This view, though widely held among moral philosophers and legal scholars, has been severely challenged as implying either the implausible rejection of moral luck or an equally implausible theory of wrongness according to which actual consequences may play no wrong-making role. The argument I offer, however, assumes both challenges to be true and shows that the orthodox view is consistent with holding them. Indeed, I argue that all other things being equal, successful offenders are no more to blame than their unsuccessful counterparts, even though agents are responsible for what they actually do , and successful offenders do more wrong than their unsuccessful counterparts do . The reason is that the difference in the amount of wrong done by one and the other offender, I show, is counterbalanced by a difference in the degree to which the successful offense and the unsuccessful one are attributable to their respective agents—blameworthiness being a function of both amount of wrong done and degree of attributability
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/s1352325209990073
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 47,182
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Moral Luck and the Unfairness of Morality.Robert J. Hartman - 2019 - Philosophical Studies 176 (12):3179-3197.

Add more citations

Similar books and articles

Moral and Epistemic Luck.Duncan Pritchard - 2006 - Metaphilosophy 37 (1):1–25.
Duncan Pritchard, Epistemic Luck.Duncan Pritchard - 2007 - Theoria 73 (2):173-178.
Moral Luck.Dana K. Nelkin - forthcoming - Stanford Encyclopedia of Philosophy.
Moral and Epistemic Luck.Andrew Latus - 2000 - Journal of Philosophical Research 25:149-172.
Escapism and Luck.Russell E. Jones - 2007 - Religious Studies 43 (2):205-216.
Is It All Just a Matter of Luck?Timothy O'connor - 2007 - Philosophical Explorations 10 (2):157 – 161.
Why the Luck Problem Isn't.Manuel Vargas - 2012 - Philosophical Issues 22 (1):419-436.
A Modal Solution to the Problem of Moral Luck.Rik Peels - 2015 - American Philosophical Quarterly 52 (1):73-88.
Epistemic Luck and the Generality Problem.Kelly Becker - 2008 - Philosophical Studies 139 (3):353 - 366.
Autonomy Luck.Elizabeth Sperry - 2009 - Social Philosophy Today 25:165-178.
Moral Luck and the Professions.Jeffrey Whitman - 2008 - Business and Professional Ethics Journal 27 (1-4):35-54.

Analytics

Added to PP index
2014-01-20

Total views
16 ( #568,197 of 2,289,512 )

Recent downloads (6 months)
1 ( #838,743 of 2,289,512 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature