This chapter offers a definition of luck from Aristotle's Physics, considers how this definition of luck from the Physics relates to Aristotle's treatment of luck in his works on ethics and the good life, as well as how it compares with the modern understanding of moral luck.

In this article, I explore an important difference between circumstantial luck on the one side and resultant and constitutive luck on the other. In section 1, I argue that, in circumstantial luck, the object of luck and the object of moral judgment are different even though, in resultant and constitutive luck, they are the same. In section 2, I explain that this difference (1) has the potential to undermine the regress argument for moral luck; (...) (2) makes viable the “selective moral luck” argument strategy (affirming some species of moral luck but denying others); and (3) has implications for the heritability of luck. (shrink)

Despite Diotima’s irresistible virtues and attractiveness across the millennia, she spells trouble for philosophy. It is not her fault that she has been misunderstood, nor is it Plato’s. Rather, I suspect, each era has made of Diotima what it desired her to be. Her malleability is related to the assumption that Plato invented her, that she is a mere literary fiction, licensing the imagination to do what it will. In the first part of my paper, I argue against three contemporary (...) ‘majority views’ about Diotima that I regard as false. The first is that we can be certain she is fictional;1 a second is that Diotima is our best evidence for Plato’s feminism; the third, that she is Plato’s mouthpiece for the higher mysteries in the Symposium. After I have set aside what I regard as false, I proceed in the second half of my paper to develop Diotima’s positive contribution to philosophical psychology, her naturalistic account of the psyche as mortal, unified, and developmental. Whether the view Plato assigns to her is one that he held I do not pretend to know; but it is a powerful, defensible, and coherent view that inspired positive aspects of Freudian psychology in the twentieth century. Freud’s insight, in fact, makes clear how erōs can be developed in relation to the bad as well as the good. (shrink)

Recent epidemiological reports of associations between socioeconomic status and epigenetic markers that predict vulnerability to diseases are bringing to light substantial biological effects of social inequalities. Here, we start the discussion of the moral consequences of these findings. We firstly highlight their explanatory importance in the context of the research program on the Developmental Origins of Health and Disease (DOHaD) and the social determinants of health. In the second section, we review some theories of the moral status of health (...) inequalities. Rather than a complete outline of the debate, we single out those theories that rest on the principle of equality of opportunity and analyze the consequences of DOHaD and epigenetics for these particular conceptions of justice. We argue that DOHaD and epigenetics reshape the conceptual distinction between natural and acquired traits on which these theories rely and might provide important policy tools to tackle unjust distributions of health. (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.

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)

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)

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)

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)

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)

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)

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)

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.

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.

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)

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)

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

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)

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)

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)

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)

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)

Developmental systems theory (DST) is a wholeheartedly epigenetic approach to development, inheritance and evolution. The developmental system of an organism is the entire matrix of resources that are needed to reproduce the life cycle. The range of developmental resources that are properly described as being inherited, and which are subject to natural selection, is far wider than has traditionally been allowed. Evolution acts on this extended set of developmental resources. From a developmental systems perspective, development (...) does not proceed according to a preformed plan; what is inherited is much more than DNA; and evolution is change not only in gene frequencies, but in entire developmental systems. (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)

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)

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

The conditions animals experience during the early developmental stages of their lives can have critical ongoing effects on their future health, welfare, and proper development. In this paper we draw on evolutionary theory to improve our understanding of the processes of developmental programming, particularly Predictive Adaptive Responses (PAR) that serve to match offspring phenotype with predicted future environmental conditions. When these predictions fail, a mismatch occurs between offspring phenotype and the environment, which can have long-lasting health and welfare (...) effects. Examples include metabolic diseases resulting from maternal nutrition and behavioral changes from maternal stress. An understanding of these processes and their evolutionary origins will help in identifying and providing appropriate developmental conditions to optimize offspring welfare. This serves as an example of the benefits of using evolutionary thinking within veterinary science and we suggest that in the same way that evolutionary medicine has helped our understanding of human health, the implementation of evolutionary veterinary science (EvoVetSci) could be a useful way forward for research in animal health and welfare. (shrink)

Griffiths and Russell D. Gray (1994, 1997, 2001) have argued that the fundamental unit of analysis in developmental systems theory should be a process – the life cycle – and not a set of developmental resources and interactions between those resources. The key concepts of developmental systems theory, epigenesis and developmental dynamics, both also suggest a process view of the units of development. This chapter explores in more depth the features of developmental systems theory that (...) favour treating processes as fundamental in biology and examines the continuity between developmental systems theory and ideas about process in the work of several major figures in early 20th century biology, most notable C.H Waddington. (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)

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)

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)

In this article, I explore an important difference between circumstantial luck on the one side and resultant and constitutive luck on the other. In section 1, I argue that, in circumstantial luck, the object of luck and the object of moral judgment are different even though, in resultant and constitutive luck, they are the same. In section 2, I explain that this difference (1) has the potential to undermine the regress argument for moral luck; (...) (2) makes viable the “selective moral luck” argument strategy (affirming some species of moral luck but denying others); and (3) has implications for the heritability of luck. (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)

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)

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)

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)

Does utterance understanding require reliable (i.e. non-lucky) recovery of the speaker’s intended proposition? There are good reasons to answer in the affirmative: the role of understanding in supporting testimonial knowledge seemingly requires such reliability. Moreover, there seem to be communicative analogues of Gettier cases in which luck precludes the audience’s understanding an utterance despite recovering the intended proposition. Yet, there are some major problems with the view that understanding requires such reliability. Firstly, there are a number of cases in (...) which understanding seems to occur in a lucky way. In light of these cases I argue that we need to narrow down the precise sense in which understanding precludes luck – the anti-luck condition attached to linguistic understanding is importantly different to anti-luck conditions typically applied to knowledge. Secondly, Megan Hyska has recently argued that, assuming understanding precludes luck, we get a communicative analogue of the value problem for knowledge. i.e. why is it better to meet the other conditions for understanding in a reliable way than in a lucky way? It is natural to assume that we can simply port over our favoured responses to the epistemic value problem in response to Hyska’s challenge. I argue that, due to the difference between epistemic and communicative luck (discussed in response to the first problem), this cannot be done. The epistemic and communicative value problems will require different solutions. I close by sketching the beginnings of an alternative answer to the value problem for communication. (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)

It is now widely accepted that a scientifically credible conception of human nature must reject the folkbiological idea of a fixed, inner essence that makes us human. We argue here that to understand human nature is to understand the plastic process of human development and the diversity it produces. Drawing on the framework of developmental systems theory and the idea of developmental niche construction we argue that human nature is not embodied in only one input to development, such (...) as the genome, and that it should not be confined to universal or typical human characteristics. Both similarities and certain classes of differences are explained by a human developmental system that reaches well out into the 'environment'. We point to a significant overlap between our account and the ‘Life History Trait Cluster’ account of Grant Ramsey, and defend the developmental systems account against the accusation that trying to encompass developmental plasticity and human diversity leads to an unmanageably complex account of human nature. (shrink)

I discuss how Aristotle’s formulation of the problem of moral luck relates to his natural philosophy. I review well-known passages from Nicomachean Ethics I/X and Eudemian Ethics I/VII and Physics II, but in the main focus on EE VII 14 (= VIII 2). I argue that Aristotle’s position there (rejecting the elimination of luck, but reducing luck so far as possible to incidental natural and intelligent causes) is not only consistent with his treatment of luck in (...) Physics II, but is to be expected, given that the dialectical path of EE VII 14 runs exactly parallel to that of Physics II 4-6. Although Aristotle resolves some issues that he raises, he cannot avoid the problem of constitutive moral luck that, as Thomas Nagel puts it, pertains to ‘the kind of person you are, where this is not just a question of what you deliberately do, but of your inclinations, capacities, and temperament’. The problem for Aristotle follows not only from his ethical positions, but also directly from his more general physical and political principles and assumptions. Furthermore, the problem touches the very essence of Aristotle’s moral theory. (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)

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)

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.

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)

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for (...) the self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

The Luck Objection is an influential family of challenges to libertarianism. In recent years, discussions of the Luck Objection have reached an impasse of sorts. On one hand, existing responses to the objection have failed to satisfy libertarianism’s many critics. On the other hand, a growing number of libertarians seem unimpressed by existing formulations of the objection. To break the impasse, I present a two-stage version of the objection. The first stage has the limited objective of showing that (...) supposed exercises of free will resemble certain nonactions in being truly random outcomes. The second stage seeks to show that we aren’t morally responsible for supposed exercises of free will if they are truly random outcomes. The leading idea is that such actions, qua truly random outcomes of our prior mental states, don’t meet a plausible guidance requirement for morally responsible agency. (shrink)

The concept of agent-responsibility for an outcome (that is, of the outcome reflecting the autonomous choice of the agent) is central to both ethics and political philosophy. The concept, however, remains radically under-explored. In particular, the issue of partial responsibility for an outcome needs further development. I propose an account of partial responsibility based on partial causal contribution. Agents who choose autonomously in full knowledge of the consequences are agent-responsible, I claim, for the shift in the objective probability of the (...) outcome in question that her choice induces. Thus, agents will typically be only partially agent-responsible (that is, for a shift of less than 100 percent) for any given outcome. The model has an implication that is generally rejected: that agents who purchase lottery tickets and win are agent-responsible for only part of the winnings. (shrink)

People’s health is hugely affected by where they live, their occupational status and their socio-economic position. It has been widely argued that the presence of such social determinants in health provides good reasons to reject luck egalitarianism as a theory of distributive justice in health. The literature provides different reasons why this responsibility-sensitive theory of distributive justice should not be applied to health. The critiques submit that the social circumstances undermine or remove people’s responsibility for their health; responsibility sensitive (...) health policies would adversely affect those who are worst off and; the luck egalitarian approach to health distracts from the important task of rectifying socio-economic influences on people's health and provides individualistic solutions to collective problems. But for each of these variants of the critique luck egalitarianism provides suitable answers. The literature on social determinants is no detriment to the project of applying luck egalitarianism to health. (shrink)

Duncan Pritchard has argued that luck is fundamentally a modal notion: an event is lucky when it occurs in the actual world, but does not occur in more than half of the relevant nearby possible worlds. Jennifer Lackey has provided counterexamples to accounts which, like Pritchard’s, only allow for the existence of improbable lucky events. Neil Levy has responded to Lackey by offering a modal account of luck which attempts to respect the intuition that some lucky events occur (...) in more than half of the relevant nearby possible worlds. But his account rejects that events which are as likely as those in Lackey’s examples are lucky. Instead, they are merely fortunate. I argue that Levy’s argument to this effect fails. I then offer a substitute account of the improbability condition which respects this intuition. This condition says that the relevant notion of probability for luck is epistemic. (shrink)

Those in the Gricean tradition take it that successful human communication features an audience who not only arrives at the intended content of the signal, but also recognizes the speaker’s intention that they do so. Some in this tradition have also argued that there are yet further conditions on communicative success, which rule out the possibility of communicating by luck. Supposing that both intention-recognition and some sort of anti-luck condition are correctly included in an analysis of human communication, (...) this article asks what the value of events satisfying these conditions is. I present a puzzle concerning the value of intention-recognition which is analogous to the Meno Problem in epistemology, but ultimately argue that this puzzle is solveable: the signaling-relevant value of intention recognition can be vindicated. However, I argue that the version of this puzzle that concerns the further proposed luck-proofing conditions on communication can not be answered. I argue therefore that communication, as analyzed by many, is no more valuable qua signal than a proper subset of its conditions. Human communication is thennot a uniquely valuable signaling event. (shrink)