The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...) it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

This addendum expands upon the arguments made in the author’s 2020 essay, “Legal Personhood for Artificial Intelligence: Citizenship as the Exception to the Rule”, in an effort to display the significance human augmentation technologies will have on (feasibly) inadvertently providing legal protections to artificial intelligence systems (AIS)—a topic only briefly addressed in that work. It will also further discuss the impacts popular media have on imprinting notions of computerised behaviour and its subsequent consequences on the attribution of legal protections to (...) AIS and on speculative technological advancement that would aid the sophistication of AIS. (shrink)

The rapid advancement of artificial (computer) intelligence systems (CIS) has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article approaches (...) the topic of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally. (shrink)

AI is increasingly becoming based upon Internet-dependent systems to handle the massive amounts of data it requires to function effectively regardless of the availability of stable Internet connectivity in every affected community. As such, sustainable development (SD) for rural and mountain communities will require more than just equitable access to broadband Internet connection. It must also include a thorough means whereby to ensure that affected communities gain the education and tools necessary to engage inclusively with new technological advances, whether they (...) be focused on machine learning algorithms or community infrastructure, as they will be increasingly dependent upon the automational capabilities of AI. In this essay, an exploration will be conducted into the means whereby student-engaged learning (SEL) can effectively be utilized to provide targeted, inclusive education to rural and mountain communities regarding the implications of AI for SD. (shrink)

With the transition of the pandemic-gripped labor market en masse to remote capabilities to avert from a national or international economic meltdown, a concern arises that many job seekers simply cannot fit into the new roles being developed and implemented. Beyond the loss of on-site work, the market is unable to reverse the loss of many roles that are, and have been, taken over by artificial (computer) intelligence systems. The “business-as-usual” mentality that many have come to associate with pre-pandemic life (...) supposedly took these losses into account, much to various societies’ detriment during this international crisis. And unlike at the turn of the millennium, the market has come to realize that it cannot function without advanced computer intelligence (CI) systems. Arguments can be made that humanity’s currently most sophisticated CI systems come nowhere near replicating the nuances that would prompt one to classify the system as being “human-like,” and that they will remain this way for the foreseeable future. However, what is conveniently ignored in this assessment is how not even three generations have passed since computer systems became an integral aspect of daily life. While the loss of work for humans as a result of this advancement of technology may not immediately reach concerning levels, it still begs the question of how society should react to a lack of non-specialized work and the value of “humanness” in the labor market. This work intends to explore these concepts and provide anticipatory guidance on how humanity should adapt. (shrink)

Although legal personality has slowly begun to be granted to non-human entities that have a direct impact on the natural functioning of human societies (given their cultural significance), the same cannot be said for computer-based intelligence systems. While this notion has not had a significantly negative impact on humanity to this point in time that only remains the case because advanced computerised intelligence systems (ACIS) have not been acknowledged as reaching human-like levels. With the integration of ACIS in medical assistive (...) technologies such as companion robots and bionics, our legal treatment of ACIS must also adapt—least society faces legal challenges that may potentially lead to legally sanctioned discriminatory treatment. For this reason, this article exposes the complexity of normalizing definitions of “natural” human subjects, clarifies how current bioethical discourse has been unable to effectively guide ACIS integration into implanted and external artefacts, and argues for the establishment of legal delineations between various ACIS-human mergers in reference to legal protections and obligations internationally. (shrink)

What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they (...) have to gaining some legal duties and protections insofar as they are sophisticated enough to display consciousness akin to humans. Should our species enable AIS to gain a digital body to inhabit (if we have not already done so), it is more pressing than ever that solid arguments be made as to how humanity can accept AIS as being cognizant of the same degree as we ourselves claim to be. By accepting the notion that AIS can and will be able to fool our senses into believing in their claim to possessing a will or ego, we may yet have a chance to address them as equals before some unforgivable travesty occurs betwixt ourselves and these super-computing beings. (shrink)

In his book, The Last Word, Thomas Nagel expresses the hope that there exists no God. Guy Kahane, in his paper ‘Should We Want God to Exist?’, attempts to defend Nagel from an argument that concludes such a hope may be impermissible. In this paper we present a new defense for the hope that God does not exist.

The application of modern technologies with artificial intelligence (AI) in all spheres of human life is growing exponentially alongside concern for its controllability. The lack of public, state, and international control over AI technologies creates large-scale risks of using such software and hardware that (un)intentionally harm humanity. The events of recent month and years, specifically regarding the Russian Federation’s war against its democratic neighbour Ukraine and other international conflicts of note, support the thesis that the uncontrolled use of AI, especially (...) in the military sphere, may lead to deliberate disregard for the moral standards of controlled AI or the spontaneous emergence of aggressive autonomous AI. The development of legal regulation for the use of technologies with AI is prolonged concerning the rapid development of these artefacts, which simultaneously cover all areas of public relations. Therefore, control over the creation and use of AI should be carried out not only by purely technical regulation (e.g., technical standards and conformance assessments, corporate and developer regulations, requirements enforced through industry-wide ethical codes); but also by comprehensive legislation and intergovernmental oversight bodies that codify and enforce specific changes in the rights and duties of legal persons. This article shall present the “Morality Problem” and “Intentionality Problem” of AI, and reflect upon various lacunae that arise when implementing AI for military purposes. (shrink)

In _The Origin of Consciousness in the Breakdown of the Bicameral Mind_, Julian Jaynes presents a philosophy of mind with radical implications for contemporary discussions about artificial intelligence (AI). The ability of AI to replicate the cognitive functions of human consciousness has led to widespread speculation that AI is itself conscious (or will eventually become so). Against this functionalist theory of mind, Jaynes argues that consciousness only arises through the mythopoetic inspiration of metaphorical language. Consciousness develops and enacts new forms (...) of self-understanding, continually evolving new "metaphors of mind," metaphors which must now account for the emergence of AI. (shrink)

Luck egalitarianism has been criticized for condoning some cases of oppression and condemning others for the wrong reason—namely, that the victims were not responsible for their oppression. Oppression is unjust, however, the criticism says, regardless of whether victims are responsible for it, simply because it is contrary to the equal moral standing of persons. I argue that four luck egalitarian responses to this critique are inadequate. Two address only the first part of the objection and do so in a way (...) that risks making luck egalitarianism inconsistent. A third severely dilutes the luck egalitarian doctrine. A fourth manages to denounce some instances of oppression for the right reason, but at the same time permits other instances of oppression and condemns yet others for the wrong reason. (shrink)

Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...) deliberation, the vast majority of people judge a lucky and an unlucky agent as equally blameworthy, and their actions as equally wrong and permissible. The philosophical Puzzle of Moral Luck, and the challenge to the very possibility of systematic ethics it is frequently taken to engender, thus simply do not arise. Second, punishment judgments are significantly more outcome- dependent than wrongness, blame, and permissibility judgments. While this constitutes evidence in favor of current Dual Process Theories of moral judgment, the latter need to be qualified: punishment and blame judgments do not seem to be driven by the same process, as is commonly argued in the literature. Third, in between-subjects experiments, outcome has an effect on all four types of moral judgments. This effect is mediated by negligence ascriptions and can ultimately be explained as due to differing probability ascriptions across cases. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...) make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

Luck egalitarians argue that distributive justice should be understood in terms of our capacity to be responsible for our choices. Both proponents and critics assume that the theory must rely on a comprehensive conception of responsibility. I respond to luck egalitarianism’s critics by developing a political conception of responsibility that remains agnostic on the metaphysics of free choice. I construct this political conception by developing a novel reading of John Rawls’ distinction between the political and the comprehensive. A surprising consequence (...) is that many responsibility-based objections to luck egalitarianism turn out to be objections to Rawls’ political liberalism as well. (shrink)

This paper discusses a puzzling tension in attributions of moral responsibility in cases of resultant moral luck: we seem to hold agents fully morally responsible for unlucky outcomes, but less-than-fully-responsible for unlucky outcomes brought about differently than intended. This tension cannot be easily discharged or explained, but it does shed light on a famous puzzle about causation and responsibility, the Thirsty Traveler.

It is conventional wisdom that appreciating the role of luck in our moral lives should make us more sparing with blame. But views of moral responsibility that allow luck to augment a person’s blameworthiness are in tension with this wisdom. I resolve this tension: our common moral luck partially generates a duty to forgo retributively blaming the blameworthy person at least sometimes. So, although luck can amplify the blame that a person deserves, luck also partially generates a duty not to (...) give the blameworthy person the retributive blame that he deserves at least sometimes. (shrink)

Luck egalitarianism is often taken to task for its alleged harsh implications. For example, it may seem to imply a policy of nonassistance toward uninsured reckless drivers who suffer injuries. Luck egalitarians respond to such objections partly by pointing to a number of factors pertaining to the cases being debated, which suggests that their stance is less inattentive to the plight of the victims than it might seem at first. However, the strategy leaves some cases in which the attribution of (...) individual responsibility is appropriate . One such case is oral health or significant aspects of this. It is appropriate, the paper argues, to hold people responsible for a number of factors that affect their oral health. A luck egalitarian approach inspired by John Roemer can assess whether people have acted responsibly by comparing their choices to those of their peers. A luck egalitarian approach to oral health would recommend prioritizing scarce resources in a responsibility-weighted queuing system and include copayment and general taxation among its measures of financing. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

The luck argument raises a serious challenge for libertarianism about free will. In broad outline, if an action is undetermined, then it appears to be a matter of luck whether or not one performs it. And if it is a matter of luck whether or not one performs an action, then it seems that the action is not performed with free will. This argument is most effective against event-causal accounts of libertarianism. Recently, Franklin (Philosophical Studies 156:199–230, 2011) has defended event-causal (...) libertarianism against four formulations of the luck argument. I will argue that three of Franklin’s responses are unsuccessful and that there are important versions of the luck challenge that his defense has left unaddressed. (shrink)

Oppression can be unjust from a luck egalitarian point of view even when it is the consequence of choices for which it is reasonable to hold persons responsible. This is for two reasons. First, people who have not been oppressed are unlikely to anticipate the ways in which their choices may lead them into oppressive conditions. Facts about systematic phenomena (like oppression) are often beyond the epistemic reach of persons who are not currently subject to such conditions, even when they (...) possess adequate information about the particular consequences of their choices. Second, people may be (much) less responsible for remaining in oppressive conditions, even if they are responsible for entering circumstances of oppression. Oppression that results from a person’s choice may cause or contribute to dramatic changes in that person, and these changes may be sufficient to undermine the person’s responsibility for the results of her earlier choice. (shrink)

This paper argues that there are good reasons to limit the scope of luck egalitarianism to co‐existing people. First, I outline reasons to be sceptical about how “luck” works intergenerationally and therefore the very grounding of luck egalitarianism between non‐overlapping generations. Second, I argue that what Kasper Lippert‐Rasmussen calls the “core luck egalitarian claim” allows significant intergenerational inequality which is a problem for those who object to such inequality. Third, luck egalitarianism cannot accommodate the intuition that it might be required (...) to leave future generations better off than we are, even if it would come at no cost to ourselves. Finally, I argue that following another, broader, version of luck egalitarianism would require us to level down future generations and possibly even ourselves, which is a problem for those persuaded by the levelling‐down objection. (shrink)

A popular account of luck, with a firm basis in common sense, holds that a necessary condition for an event to be lucky, is that it was suitably improbable. It has recently been proposed that this improbability condition is best understood in epistemic terms. Two different versions of this proposal have been advanced. According to my own proposal :361–377, 2010), whether an event is lucky for some agent depends on whether the agent was in a position to know that the (...) event would occur. And according to Stoutenburg :319–334, 2015, Synthese, 1–15, 2018), whether an event is lucky for an agent depends on whether the event was guaranteed or certain to occur in light of the agent’s evidence. In this paper, I argue that we should prefer the account in terms of knowledge over that in terms of evidential certainty. (shrink)

That believing truly as a matter of luck does not generally constitute knowing has become epistemic commonplace. Accounts of knowledge incorporating this anti-luck idea frequently rely on one or another of a safety or sensitivity condition. Sensitivity-based accounts of knowledge have a well-known problem with necessary truths, to wit, that any believed necessary truth trivially counts as knowledge on such accounts. In this paper, we argue that safety-based accounts similarly trivialize knowledge of necessary truths and that two ways of responding (...) to this problem for safety, issuing from work by Williamson and Pritchard, are of dubious success. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...) of advantage as resources, welfare, or some combination of these. The second part covers three later developments: the democratic egalitarian critique of luck egalitarianism, the luck egalitarian acceptance of pluralism, and luck egalitarian doubts about the significance of the brute luck/option luck distinction. (shrink)

Recently, it has been debated as to whether understanding is a species of explanatory knowledge. Those who deny this claim frequently argue that understanding, unlike knowledge, can be lucky. In this paper I argue that current arguments do not support this alleged compatibility between understanding and epistemic luck. First, I argue that understanding requires reliable explanatory evaluation, yet the putative examples of lucky understanding underspecify the extent to which subjects possess this ability. In the course of defending this claim, I (...) also provide a new account of the kind of ‘grasping’ taken to be central to understanding. Second, I show that putative examples of lucky understanding unwittingly deploy a kind of luck that is compatible with knowledge. Finally, appealing to a number of works on explanation and its attendant epistemology, I argue that alleged instances of lucky understanding that overcome these two obstacles will invariably violate certain norms of explanatory inquiry – our paradigmatic understanding-oriented practice. By contrast, knowledge of the same information is immune to these criticisms. Consequently, if understanding is environmentally lucky, it is always inferior to the understanding that a corresponding case of knowledge would provide. (shrink)

In recent years, interest in desert-based theories of justice has increased, and this seems to represent a challenge to equality-based theories of justice.[i] The best distribution of outcomeadvantage with respect to desert, after all, need not be the most equal distribution of outcomeadvantage. Some individuals may deserve more than others. Outcome egalitarianism is, however, implausible, and so the conflict of outcome desert with outcome equality is of little significance.[ii] Most contemporary versions of egalitarianism are concerned with neutralizing the differential effects (...) of brute luck and not with equality of outcome. I shall argue that, in order to be plausible, a desert-based theory of justice can and must be compatible with this form of egalitarianism. There is, however, a stronger form of brute luck egalitarianism, which, as I shall explain, is concerned with equalizing the advantages from brute luck—and not merely with neutralizing the differential effects thereof. Under idealized conditions in which agents have perfect information about the outcomes that their choices generate, even this stronger form of egalitarianism, I shall show, is compatible with pure desert theory. Under conditions of incomplete information, however, strong brute luck egalitarianism is incompatible with a pure desert theory that appeals, as I shall explain, to moral, rather than prudential, desert. (shrink)

Modal knowledge accounts like sensitivity or safety face a problem when it comes to knowing propositions that are necessarily true because the modal condition is always fulfilled no matter how random the belief forming method is. Pritchard models the anti-luck condition for knowledge in terms of the modal principle safety. Thus, his anti-luck epistemology faces the same problem when it comes to logical necessities. Any belief in a proposition that is necessarily true fulfills the anti-luck condition and, therefore, qualifies as (...) knowledge. Miščević shares Pritchard’s take on epistemic luck and acknowledges the resulting problem. In his intriguing article “Armchair Luck: Apriority, Intellection and Epistemic Luck” Miščević suggests solving the problem by supplementing safety with a virtue theoretic condition-“agent stability”-which he also spells out in modal terms. I will argue that Miščević is on the right track when he suggests adding a virtue-theoretic component to the safety condition. However, it should not be specified modally but rather in terms of performances that manifest competences. (shrink)

The aims of this paper are fourfold. The first aim is to characterize two distinct forms of circumstantial moral luck and illustrate how they are implicitly recognized in pre-theoretical moral thought. The second aim is to identify a significant difference between the ways in which these two kinds of circumstantial luck are morally relevant. The third aim is to show how the acceptance of circumstantial moral luck relates to the acceptance of resultant moral luck. The fourth aim is to defuse (...) a legitimate concern about accepting the existence of circumstantial moral luck, namely the fact that its existence implies substantial moral risks. (shrink)

I introduce an underdiscussed type of moral luck, which I call interpersonal moral luck. Interpersonal moral luck characteristically occurs when the actions of other moral agents, qua morally evaluable actions, affect an agent’s moral status in a way that is outside of that agent’s capacity to control. I suggest that interpersonal moral luck is common in collective contexts involving shared responsibility and has interesting distinctive features. I also suggest that many philosophers are already committed to its existence. I then argue (...) that agents who are susceptible to interpersonal moral luck are usually for this reason defeasibly entitled to make demands of those agents who are the source of that luck. This is the phenomenon of normative entanglement. I conclude by discussing some of the important ways in which normative entanglement can shape the norms that govern the actions of agents in collective contexts as well as explain some of our intuitions about what participants in these contexts owe one another. (shrink)

If we want to see justice done with regard to responsibility, then we must either (i) allow that people are never morally responsible, (iia) show that luck is not ubiquitous or at least that (iib) ubiquitous luck is not moral, or (iii) show that ascriptions of responsibility can retain justice despite the omnipresence of luck. This paper defends (iii); ascriptions of responsibility can be just even though luck is ubiquitous.

The Stoics thought that knowledge depends on a special kind of appearances which they called ‘apprehensive’, which are by definition true. Interestingly, Sextus Empiricus reports in M 7.247 that they held that there are appearances that are true but that are not apprehensive because they are true merely by chance and thus cannot constitute knowledge. I believe that this suggests that the Stoics were aware of what is in modern literature known as the problem of epistemic luck. Unfortunately, Sextus’ report (...) leaves out a lot of important details, which makes it difficult to understand exactly which appearances the Stoics thought are true by chance, and why. I argue that the true non-apprehensive appearances in question here are imaginations, representational states which are not immediately caused by external objects through perception, but produced solely by the mind. I propose an explanation why the Stoics, who defined chance in terms of hidden causes, would have thought that imaginations can only be true by chance. The explanation stems from their view that the essential characteristic of imagination is that it leaves the actual cause of its representational content hidden from the subject. (shrink)

In the paper, I defend the skeptical view that no one is ever morally responsible in the basic desert sense since luck universally undermines responsibility-level control. I begin in Section 1 by defining a number of different varieties of luck and examining their relevance to moral responsibility. I then turn, in Section 2, to outlining and defending what I consider to be the best argument for the skeptical view--the luck pincer (Levy 2011). I conclude in Section 3 by addressing Robert (...) Hartman's (2017) numerous objections to the luck pincer. I argue that the luck pincer emerges unscathed and the pervasiveness of luck (still) undermines moral responsibility. (shrink)

ABSTRACTConventional wisdom holds that there is no lucky knowledge: if it is a matter of luck, in some relevant sense, that one's belief that p is true, then one does not know that p. Here I will argue that there is similarly no lucky understanding, at least in the case of one type of luck, namely environmental luck. This argument has three parts. First, we need to determine how we evaluate whether one has understanding, which requires determining what I will (...) call understanding's evaluative object. I argue that as the evaluative object of knowledge is a belief in a proposition, the evaluative object of understanding is a mental representation of a relational structure. Next, I show that arguments that environmental luck is incompatible with understanding miss the mark by considering cases in which one has a belief in a proposition is lucky to be true, instead of ones in which one's mental representation of a relational structure is lucky to obtain. I agree, then, with those who argue that one can have understanding when one's beliefs are environmentally lucky to be true, but that this compatibility is not relevant when considering the question of whether one can have environmentally lucky understanding. I then present what I take to be a properly constructed case which shows the incompatibility of environmental luck with understanding. (shrink)

This is an editorial introduction to a special issue of Acta Analytica on epistemic luck.

It is a well-worn platitude that knowledge excludes luck. According to anti-luck virtue epistemology, making good on the anti-luck platitude requires an explicit anti-luck condition along the lines of safety: S knows that p only if S’s true belief that p could not have easily been mistaken. This paper offers an independent, virtue epistemological argument against the claim that safety is a necessary condition on knowledge, one that adequately captures the anti-luck platitude. The argument proceeds by way of analogy. I (...) focus on two paradigmatic kinds of normative achievements that also exclude luck: (i) – having a doxastically justified belief, and (ii) – performing a morally worthy action. I then show that while (i) and (ii) exclude luck, they are nevertheless susceptible to what I call ‘modal luck’. I then move on to show that knowledge, or at least some instance of knowledge, is a normative achievement, which I claim provides strong reasons to expect that knowledge is also susceptible to modal luck. Since safety entails that knowledge is incompatible with modal luck, the argument provides strong reasons to reject safety as a necessary condition on knowledge. (shrink)

The paper offers an account of luck, fate, and fortune. It begins by showing that extant accounts of luck are deficient because they do not identify the genus of which luck is a species. That genus of properties, the tychic, alert an agent to occasions on which the external world cooperates with or frustrates their goal-achievement. An agent’s sphere of competence is the set of goals that it is possible for them to reliably achieve. Luck concerns occasions on which there (...) is a mismatch between attempt and result; in bad luck the external world thwarts goal-achievement within the agent’s sphere of competence, in good luck the external world assists goal-achievement beyond the agent’s sphere of competence. Fateful events are those where, more passively, the agent finds the external world achieving or frustrating their goals. Fortune concerns the contraction and expansion of the agent’s sphere of competence. Eight reasons are given for accepting the account; its theoretical virtues and various things it explains. Lastly, three objections are answered; that the tychic properties relate to well-being rather than agency, that there are alternative theories of fortune available in the contemporary literature, that the account draws arbitrary distinctions between synonyms. (shrink)

In this paper, I will present a problem for reductive accounts of knowledge-undermining epistemic luck. By “reductive” I mean accounts that try to analyze epistemic luck in non-epistemic terms. I will begin by briefly considering Jennifer Lackey's (2006) criticism of Duncan Pritchard's (2005) safety-based account of epistemic luck. I will further develop her objection to Pritchard by drawing on the defeasible-reasoning tradition. I will then show that her objection to safety-based accounts is an instance of a more general problem with (...) reductive accounts of epistemic luck. In short, they face a dilemma: they can either fail to vindicate the intuitive verdicts about cases or they can illicitly appeal to the epistemic vocabulary they are trying to reduce. The upshot is that we can only understand epistemic luck in terms of the assessment of the subject's reasons and we can't give a reductive account of that. (shrink)

Epistemologists have long believed that epistemic luck undermines propositional knowledge. Action theorists have long believed that agentive luck undermines intentional action. But is there a relationship between agentive luck and epistemic luck? While agentive luck and epistemic luck have been widely thought to be independent phenomena, we argue that agentive luck has an epistemic dimension. We present several thought experiments where epistemic luck seems to undermine both knowledge-how and intentional action and we report experimental results that corroborate these judgments. These (...) findings have implications for the role of knowledge in a theory of intentional action and for debates about the nature of knowledge-how and the significance of knowledge representation in folk psychology. (shrink)

Anti-luck epistemologists tell us that knowledge is incompatible with epistemic luck and that epistemic luck is just a special case of luck in general. Much work has been done on the intricacies of the first claim. In this paper, I scrutinize the second claim. I argue that it does not survive scrutiny. I then offer an analysis of luck that explains the relevant data and avoids the problems from which the current views of luck suffer. However, this analysis of luck (...) is of no help to the anti-luck epistemologist for it uses knowledge to explain luck, making this account of knowledge circular. The main lesson is that the only viable analysis of luck is not suited for the anti-luck epistemologist's coveted noncircular analysis of knowledge. (shrink)

The modal account of luck is the predominant account of luck in epistemology and ethics. In the first half of this paper, I discuss three possible interpretations of the modal account and raise objections to each. I then raise an objection to all plausible versions of the modal account, that is, that whether an event is lucky or the extent to which it is a matter of luck will depend on what initial conditions or features of the event one holds (...) constant across nearby possible worlds. However, there is often reasonable disagreement about what the relevant initial conditions of an event are, and the modal account of luck has no means of determining which description of the event is correct. As such, the modal account is subject to a kind of reference class problem, and the view cannot actually tell us the extent to which certain events are a matter of luck. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that give a special place to luck, choice, and responsibility. These theories can be understood as responding to perceived weaknesses in influential earlier theories of both the left – in particular Rawls’ liberal egalitarianism (1971) – and the right – Nozick’s libertarianism (1974) stands out here. Rawls put great emphasis on the continuity of his theory with the great social contract theories of modern political thought, particularly emphasising its Kantian (...) character, while Nozick overtly develops his theory as an elaboration of John Locke’s account of property. By contrast, how luck egalitarianism is related to the history of political thought or philosophy more generally has been left unexplored by its proponents. Perhaps this is because they see luck egalitarianism, with its focus on individual choice and association with such contemporary concerns as equality of opportunity, as without significant predecessors in the canon. My purpose in this chapter is to make the tentative first steps towards identifying some historical antecedents of luck egalitarianism among the main works of Western political thought, in particular Aristotle, Machiavelli, and Locke. (shrink)

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

The late G.A. Cohen is routinely considered a founding father of luck egalitarianism, a prominent responsibility-sensitive theory of distributive justice. David Miller argues that Cohen’s considered beliefs on distributive justice are not best understood as luck egalitarian. While the relationship between distributive justice and personal responsibility plays an important part in Cohen’s work, Miller maintains that it should be considered an isolated theme confined to Cohen’s exchange with Dworkin. We should not understand the view Cohen defends in this exchange as (...) Cohen’s considered view. Accepting this thesis would change both our understanding of Cohen’s political philosophy and many recent luck egalitarian contributions. Miller’s argument offers an opportunity to reassess Cohen’s writings as a whole. Ultimately, however, the textual evidence against Miller’s argument is overwhelming. Cohen clearly considers the exchange with Dworkin to be about egalitarianism as such rather than about the best responsibility-sensitive version of egalitarianism. Furthermore, Cohen often offers luck egalitarian formulations of his own view outside of the exchange with Dworkin and uses luck egalitarianism as an independent yardstick for evaluating principles and distributions. (shrink)

Nearly all success is due to some mix of ability and luck. But some successes we attribute to the agent’s ability, whereas others we attribute to luck. To better understand the criteria distinguishing credit from luck, we conducted a series of four studies on knowledge attributions. Knowledge is an achievement that involves reaching the truth. But many factors affecting the truth are beyond our control and reaching the truth is often partly due to luck. Which sorts of luck are compatible (...) with knowledge? We find that knowledge attributions are highly sensitive to lucky events that change the explanation for why a belief is true. By contrast, knowledge attributions are surprisingly insensitive to lucky events that threaten but ultimately fail to change the explanation for why a belief is true. These results shed light on our concept of knowledge, help explain apparent inconsistencies in prior work on knowledge attributions, and constitute progress toward a general understanding of the relation between success and luck. (shrink)

In this paper I describe how Kant’s idea about the impossibility of moral luck has come to influence, via Rawls, recent writings in egalitarian theory. I argue that this influence has been detrimental for the study of equality. Further, I claim that the major deficiencies of this post-Rawlsian egalitarianism (nicely described by Elizabeth Anderson’s title “luck egalitarianism) are both effectively critiqued and corrected by the understanding of equality and its value located in John Dewey’s writings.

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Luck egalitarianism provides one powerful way of defending global egalitarianism. The basic luck egalitarian idea that persons ought not to be disadvantaged compared to others on account of his or her bad luck seems to extend naturally to the global arena, where random factors such as persons’ place of birth and the natural distribution of the world’s resources do affect differentially their life chances. Yet luck egalitarianism as an ideal, as well as its global application, has come under severe criticisms (...) in recent debate. My aim in this article is to restore plausibility to the luck egalitarian idea, and to suggest how it could then provide a plausible grounding for global egalitarianism. To do this, I will propose a more modest but also more defensible conception of luck egalitarianism that can also strengthen the case for global distributive justice. (shrink)