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  1. Moral Luck.Dana K. Nelkin - forthcoming - Stanford Encyclopedia of Philosophy.
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  • Moral luck and the law.David Enoch - 2010 - Philosophy Compass 5 (1):42-54.
    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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  • The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action that Causes It.Ken Levy - 2005 - Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
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  • Lying: Knowledge or belief?Neri Marsili - 2021 - Philosophical Studies 179 (5):1445-1460.
    A new definition of lying is gaining traction, according to which you lie only if you say what you know to be false. Drawing inspiration from “New Evil Demon” scenarios, I present a battery of counterexamples against this “Knowledge Account” of lying. Along the way, I comment upon the methodology of conceptual analysis, the moral implications of the Knowledge Account, and its ties with knowledge-first epistemology.
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  • (1 other version)Legal Luck.Ori Herstein - forthcoming - In Herstein Ori (ed.), Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  • Why criminal harms matter: Plato’s abiding insight in the Laws. [REVIEW]Peter Westen - 2007 - Criminal Law and Philosophy 1 (3):307-326.
    Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of (...)
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