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 (...) against these “equivalence theorists” that harmful consequences do make a moral difference, that the harm produced by the killer’s attempt retroactively makes her action more blameworthy, and therefore deserving of more punishment, than the failed attempter’s attempt. The primary argument for this “non-equivalence theory” is an analogy with gambling. Just as a gambler makes a deal with the casino to allow metaphysical luck to retroactively determine the “profit status” of her bet, so too the attempted killer makes a deal with “the casino of morality” to allow metaphysical luck to retroactively determine the moral status of her attempt. She makes the “moral deal” that if her attempt succeeds, her attempt was more blameworthy than if her attempt does not succeed. And it is the greater blameworthiness of the killer’s attempt that justifies our intuition that the killer should be punished more harshly than the failed attempter. (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)

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)

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.

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)

In this book chapter written for a popular audience, I discuss classic issues surrounding luck, determinism and probability in the context of the penalty shoot-outs used in football’s World Cup. Can it ever make objective sense to blame an outcome on bad luck? I go on to discuss whether we can legitimately pin the blame on any one factor at all, such as a referee. This takes us into issues surrounding the apportioning of causal responsibility.

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)

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)

Some critics of luck egalitarianism have suggested that its reference to responsibility leaves it either assuming metaphysical libertarianism or (in the inevitable absence of a resolution of the free will problem) practically impotent. This paper argues that luck egalitarianism need not fall into either trap. It may in fact be sensitive to the possibility that libertarianism is false, and would not be undermined were this the case. Here luck egalitarianism actually fares better than outcome egalitarianism, which (...) assumes, in just the way luck egalitarianism allegedly does, a controversial metaphysical position. There is, moreover, little difficulty in applying luck egalitarianism in practical contexts on the basis of our best guess about the relevant metaphysical questions. This solution is, of course, non-ideal, but appears preferable to the alternatives, such as simply assuming that metaphysical account of responsibility that offers the best fit with our favored theory of distributive justice. (shrink)

This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by some philosophers to exemplify the need (...) to admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

A meaningful life, we shall argue, is a life upon which a certain sort of valuable pattern has been imposed by the person in question - a pattern which involves in serious ways the person having an effect upon the world. Meaningfulness is thus a special kind of value which a human life can bear. Two interrelated difficulties face ths proposal. One concerns responsiblity: how are we to account for the fact that a life that satisfies the above criteria can (...) have more meaning than a life with the same positive outcomes but which lacks responsiblity on the part of the agent? The other turns on these outcomes themselves: how can the meaningfulness engendered by actions you perform now be affected by what those actions go on to produce in the future, perhaps even after your death? We provide a response to both of these difficulties. (shrink)

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that (...) the authors’ attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive (...) to non-philosophical beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarianism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due. (shrink)

An ongoing debate in the philosophy of action concerns the prevalence of moral luck: instances in which an agent’s moral responsibility is due, at least in part, to factors beyond his control. I point to a unique problem of moral luck for agents who depend upon Brain Computer Interfaces (BCIs) for bodily movement. BCIs may misrecognize a voluntarily formed distal intention (e.g., a plan to commit some illicit act in the future) as a control command to perform some (...) overt behavior now. If so, then BCI-agents may be deserving of punishment for the unlucky but foreseeable outcomes of their voluntarily formed plans, whereas standard counterparts who abandon their plans are not. However, it seems that the only relevant difference between BCI-agents and their standard counterparts is just a matter of luck. I briefly sketch different solutions that attempt to avoid this type of moral luck, while remaining agnostic on whether any succeeds. If none of these solutions succeeds, then there may be a unique type of moral luck that is unavoidable with respect to deserving punishment for certain BCI-mediated behaviors. (shrink)

My aim in this chapter is to place John Stuart Mill’s distinctive utilitarian political philosophy in the context of the debate about luck, responsibility, and equality. I hope it will reveal the extent to which his utilitarianism provides a helpful framework for synthesizing the competing claims of luck and relational egalitarianism. I attempt to show that when Mill’s distributive justice commitments are not decided by direct appeal to overall happiness, they are guided by three main public principles: an (...) impartiality principle, a sufficiency principle, and a merit principle. The question then becomes how luck and relational considerations figure into his articulation of these public principles. I argue that relational egalitarianism is more fundamental than considerations of luck and responsibility in Mill’s thought, but I also hope to show that any fleshed out picture of Mill’s reform proposals must recognize his condemnation of the role luck plays in determining the distribution of opportunities and outcomes. (shrink)

Resultant moral luck occurs whenever aspects of an agent’s moral responsibility are affected by luck pertaining to the outcomes of their actions. Many authors reject the existence of moral luck in this sense, but they do so in different ways. Michael Zimmerman argues that resultant luck affects the scope of moral responsibility, but not its degree. That is, it affects what agents are responsible for, but not how responsible they are. Andrew Khoury takes a more resolute (...) approach, arguing that both the scope and the degree of moral responsibility are free from resultant luck. -/- In this paper, I criticize both accounts and develop an alternative. I argue, first, that Khoury’s approach leads to an implausibly far-reaching error-theory about moral responsibility. Second, Zimmerman’s account cannot account for all the ways in which moral responsibility comes in degrees. Third, these problems can be overcome by introducing a distinction between two concepts of responsibility that both come with scope and degree. The first concept I call internal responsibility, as it applies exclusively to agent-internal factors. The second concept I call external responsibility, as it applies to (partly) agent-external factors such as actions and their outcomes. Given this distinction, we can avoid the problems of Khoury’s as well as Zimmerman’s accounts while preserving the central intuition behind the rejection of resultant moral luck. (shrink)

Jackson (1991) proposes an interpretation of consequentialism, namely, the Decision Theoretic Consequentialism (DTC), which provides a middle ground between internal and external criteria of rightness inspired by decision theory. According to DTC, a right decision either leads to the best outcomes (external element) or springs from right motivations (internal element). He raises an objection to fully external interpretations, like objective consequentialism (OC), which he claims that DTC can resolve. He argues that those interpretations are either too objective, which prevents them (...) from giving guidance for action, or their guidance leads to wrong and blameworthy actions or decisions. I discuss how the emphasis on blameworthiness in DTC constraints its domain to merely the justification of decisions that relies on rationality to provide a justification criterion for moral decisions. I provide examples that support the possibility of rational but immoral decisions that are at odds with DTC’s prescription for right decisions. Moreover, I argue what I call the desire-luck problem for the external element of justification criterion leads to the same objection for DTC that Jackson raised for OC. Therefore, DTC, although successful in response to some objections, fails to provide a prescription for the right decision. (shrink)

Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.

The paper focuses on the conditions under which an agent can be justifiably held responsible or liable for the harmful consequences of his or her actions. Kant has famously argued that as long as the agent fulfills his or her moral duty, he or she cannot be blamed for any potential harm that might result from his or her action, no matter how foreseeable these may (have) be(en). I call this the Duty-Absolves-Thesis or DA. I begin by stating the thesis (...) in a more precise form and then go on to assess, one by one, several possible justifications for it: that (i) it wasn’t the view Kant himself actually held or was committed to; (ii) there is nothing strange about the DA, either theoretically or intuitively; (iii) the DA is more plausible as an account of legal (either criminal or tort) liability; (iv) the DA becomes perfectly plausible when conceived as a thesis about what insulates the agent from either remedial moral responsibility or the demands of compensatory justice; (v) the rationale for the DA is to protect our moral assessment of agents and their actions from the threat of moral luck. I show, with the help of the infamous Inquiring Murderer example, all these (and some other) justificatory attempts unsuccessful. I conclude that besides being counter-intuitive, the DA-thesis also lacks firm theoretical grounding and should therefore be rejected as (part of) an account of outcome moral responsibility. (shrink)

According to all-luck egalitarianism, the differential distributive effects of both brute luck, which defines the outcome of risks which are not deliberately taken, and option luck, which defines the outcome of deliberate gambles, are unjust. Exactly how to correct the effects of option luck is, however, a complex issue. This article argues that (a) option luck should be neutralized not just by correcting luck among gamblers, but among the community as a whole, (...) because it would be unfair for gamblers as a group to be disadvantaged relative to non-gamblers by bad option luck; (b) individuals should receive the warranted expected results of their gambles, except insofar as individuals blamelessly lacked the ability to ascertain which expectations were warranted; and (c) where societal resources are insufficient to deliver expected results to gamblers, gamblers should receive a lesser distributive share which is in proportion to the expected results. Where all-luck egalitarianism is understood in this way, it allows risk-takers to impose externalities on non-risk-takers, which seems counterintuitive. This may, however, be an advantage as it provides a luck egalitarian rationale for assisting ‘negligent victims’. (shrink)

Luck egalitarians equalize the outcome enjoyed by people who exemplify the same degree of distributive desert by removing the influence of luck. They also try to calibrate differential rewards according to the pattern of distributive desert. This entails that they have to decide upon, among other things, the rate of reward, i.e., a principled way of distributing rewards to groups exercising different degrees of the relevant desert. However, the problem of the choice of reward principle is a (...) relatively and undeservedly neglected issue among luck egalitarians. The main goal of this paper is to highlight the importance and difficulty of this problem, and to elaborate upon G. A. Cohen's community-oriented response to it. In the last section, I provide a taxonomy of distributive pluralism, contrasting Cohen’s view with other (not so genuine) pluralisms - especially with all-things-considered varieties - while trying to motivate readers to adopt the more robust form of pluralism. (shrink)

According to luck egalitarianism, it is unjust if some are worse off than others through no fault or choice of their own. The most common criticism of luck egalitarianism is the ‘harshness objection’, which states that luck egalitarianism allows for too harsh consequences, as it fails to provide justification for why those responsible for their bad fate can be entitled to society's assistance. It has largely gone unnoticed that the harshness objection is open to a number of (...) very different interpretations. We present four different interpretations of the harshness objection in which the problem pertains to counterintuitive implications, badness of outcome, disproportionality, or inconsistency, respectively. We analyse and discuss appropriate luck egalitarian replies. Disentangling these different versions clarifies what is at the heart of this dispute and reveals the point of the harshness objection. We conclude that only the inconsistency version involves a durable problem for luck egalitarianism. (shrink)

Traditional outcome-orientated egalitarian principles require access to information about the size of individual holdings. Recent egalitarian political theory has sought to accommodate considerations of responsibility. Such a move may seem problematic, in that a new informational burden is thereby introduced, with no apparent decrease in the existing burden. This article uses a simple model with simulated data to examine the extent to which outcome egalitarianism and responsibility-sensitive egalitarianism (‘luck egalitarianism’) can be accurately applied where information is incomplete (...) or erroneous. It is found that, while outcome egalitarianism tends to be more accurately applied, its advantage is not overwhelming, and in many prima facie plausible circumstances luck egalitarianism would be more accurately applied. This suggests that luck egalitarianism cannot be rejected as utopian. Furthermore, while some argue that, in practice, luck egalitarianism is best realized indirectly, by securing equality of outcome, our evidence suggests that a luck egalitarian rule of regulation offers a far more accurate implementation of the luck egalitarian ideal than does an outcome egalitarian rule of regulation. (shrink)

This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.

An individual is agent-responsible for an outcome just in case it flows from her autonomous agency in the right kind of way. The topic of agent-responsibility is important because most people believe that agents should be held morally accountable (e.g., liable to punishment or having an obligation to compensate victims) for outcomes for which they are agent-responsible and because many other people (e.g., brute luck egalitarians) hold that agents should not be held accountable for outcomes for which they (...) are not responsible. In this paper, I examine how false beliefs affect agent-responsibility. Unlike most of the papers in this collection, my paper is on the notion of agent-responsibility that many believe is relevant to justice and morality generally. I do not here address the question of how, if at all, justice and morality are sensitive to agent-responsibility. (shrink)

Norm theory (Kahneman & Miller, 1986) described a tendency for people to associate stronger regret with a negative outcome when it is a result of an exception (abnormal behavior) compared to when it is a result of routine (normal behavior). In two pre-registered studies, we conducted a replication and extension of three classic experiments on past behavior exception/routine contrasts (N = 684). We successfully replicated Kahneman and Miller’s (1986) experiments with the classic hitchhiker-scenario (Part 1) and car accident-scenario (Part (...) 2). In both cases, participants examined negative outcomes and tended to indicate a protagonist who deviated from own past behavior as more regretful than another who followed routine. Pre-registered extensions also showed effects for ratings of social norms, negative affect, and perceived luck. We did not find support for the Miller and McFarland (1986) experiment robbery scenario (Part 3) using a compensation measure, in that compensation to a victim of a robbery was not significantly different comparing exceptional and routine circumstances. However, a pre-registered extension showed that robbery under exceptional circumstances was regretted more than robbery under routine circumstances. We discuss implications for current and future research. (shrink)

In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, (...) the criterion is morally arbitrary, and as such untenable. Finally, I suggest both some of the conceptual and some of the practical implications of abandoning the criterion. (shrink)

We often feel survivor guilt when the very circumstances that harm others leave us unscathed. Although survivor guilt is both commonplace and intelligible, it raises a puzzle for the standard philosophical account of guilt, according to which people feel guilt only when they take themselves to be morally blameworthy. The standard account implies that survivor guilt is uniformly unfitting, as people are not blameworthy simply for having fared better than others. In this paper, we offer a rival account of guilt, (...) the relational account of guilt, which makes sense of survivor guilt and other forms of guilt without self-blame while preserving the intelligibility of guilt about culpable wrongdoing. According to this account, guilt involves the feeling of being unable to justify ourselves to others, and we lack self-justification when we (however blamelessly) stand on the positive side of an undesirable asymmetry with them. When someone survives something that those around her do not, the disparity in outcome constitutes an asymmetry that is often undesirable, because it arises from luck or violates a requirement of solidarity. Thus, survivor guilt is often fitting. (shrink)

This review article of Shlomi Segall's Health, Luck, and Justice (Princeton University Press, 2010) addresses three issues: first, Segall’s claim that luck egalitarianism, properly construed, does not object to brute luck equality; second, Segall’s claim that brute luck is properly construed as the outcome of actions that it would have been unreasonable to expect the agent to avoid; and third, Segall’s account of healthcare and criticism of rival views. On the first two issues, a more (...) conventional form of luck egalitarianism – that is, one which objects to brute luck even if it creates equality, and which construes brute luck as the inverse of agent responsibility – is defended. On the third issue, strengths and weaknesses in Segall’s criticism of Rawlsian, democratic egalitarian, and all-luck egalitarian approaches to healthcare, and in his own luck egalitarian approach, are identified. (shrink)

Egalitarians must address two questions: i. What should there be an equality of, which concerns the currency of the ‘equalisandum’; and ii. How should this thing be allocated to achieve the so-called equal distribution? A plausible initial composite answer to these two questions is that resources should be allocated in accordance with choice, because this way the resulting distribution of the said equalisandum will ‘track responsibility’ — responsibility will be tracked in the sense that only we will be responsible for (...) the resources that are available to us, since our allocation of resources will be a consequence of our own choices. But the effects of actual choices should not be preserved until the prior effects of luck in constitution and circumstance are first eliminated. For instance, people can choose badly because their choice-making capacity was compromised due to a lack of intelligence (i.e. due to constitutional bad luck), or because only bad options were open to them (i.e. due to circumstantial bad luck), and under such conditions we are not responsible for our choices. So perhaps a better composite answer to our two questions (from the perspective of tracking responsibility) might be that resources should be allocated so as to reflect people’s choices, but only once those choices have been corrected for the distorting effects of constitutional and circumstantial luck, and on this account choice preservation and luck elimination are two complementary aims of the egalitarian ideal. Nevertheless, it is one thing to say that luck’s effects should be eliminated, but quite another to figure out just how much resource redistribution would be required to achieve this outcome, and so it was precisely for this purpose that in 1981 Ronald Dworkin developed the ingenuous hypothetical insurance market argumentative device (HIMAD), which he then used in conjunction with the talent slavery (TS) argument, to arrive at an estimate of the amount of redistribution that would be required to reduce the extent of luck’s effects. However recently Daniel Markovits has cast doubt over Dworkin’s estimates of the amount of redistribution that would be required, by pointing out flaws with his understanding of how the hypothetical insurance market would function. Nevertheless, Markovits patched it up and he used this patched-up version of Dworkin’s HIMAD together with his own version of the TS argument to reach his own conservative estimate of how much redistribution there ought to be in an egalitarian society. Notably though, on Markovits’ account once the HIMAD is patched-up and properly understood, the TS argument will also allegedly show that the two aims of egalitarianism are not necessarily complementary, but rather that they can actually compete with one another. According to his own ‘equal-agent’ egalitarian theory, the aim of choice preservation is more important than the aim of luck elimination, and so he alleges that when the latter aim comes into conflict with the former aim then the latter will need to be sacrificed to ensure that people are not subordinated to one another as agents. I believe that Markovits’ critique of Dworkin is spot on, but I also think that his own positive thesis — and hence his conclusion about how much redistribution there ought to be in an egalitarian society — is flawed. Hence, this paper will begin in Section I by explaining how Dworkin uses the HIMAD and his TS argument to estimate the amount of redistribution that there ought to be in an egalitarian society — this section will be largely expository in content. Markovits’ critique of Dworkin will then be outlined in Section II, as will be his own positive thesis. My critique of Markovits, and my own positive thesis, will then make a fleeting appearance in Section III. Finally, I will conclude by rejecting both Dworkin’s and Markovits’ estimates of the amount of redistribution that there ought to be in an egalitarian society, and by reaffirming the responsibility-tracking egalitarian claim that choice preservation and luck elimination are complementary and not competing egalitarian aims. (shrink)

The diversity of interpretations of Aristotle’s treatment of chance and luck springs from an apparent contradiction between the claims that “chance events are for the sake of something” and that “chance events are not for the sake of their outcome.” Chance seems to entail the denial of an end. Yet Aristotle systematically refers it to what is for the sake of an end. This paper suggests that, in order to give an account of chance, a reference to “per (...) accidens causes” is not sufficient. Chance occurs as a parody of teleology; it is a“for-no-purpose” that looks like a purpose. The notion of “irony” is suggested as a way of accounting for a situation that keeps an ambiguity open. The fact that chance is thought of in relation to teleology does not mean that it is “reappropriated” by teleology. Rather,chance reveals a hiatus that betrays the limitation of a language concerned with substances to account for events. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some (...) argue luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

This work develops a philosophically credible and psychologically realisable account of control that is necessary for moral responsibility. We live, think, and act in an environment of subjective uncertainty and limited information. As a result, our decisions and actions are influenced by factors beyond our control. Our ability to act freely is restricted by uncertainty, ignorance, and luck. Through three articles, I develop a naturalistic theory of control for action as a process of error minimisation that extends over time. (...) Thus conceived, control can serve to minimise the influence of luck on action and enable freedom in uncertainty. -/- In Article 1, Thor Grünbaum and I argue for a psychologically plausible account of the kind of control that is necessary for moral responsibility. We begin by establishing the relationship between agentive contribution and responsibility-level control. One way to determine whether one the right kind and degree of control to be morally responsible is to track one’s degree of contribution to an action. However, a psychologically plausible account of control in terms of agentive contribution may seem to contradict the types of functional-mechanistic explanations used in cognitive science. In cognitive psychology and cognitive neuroscience, personal-level capacities are explained by a set of sub-personal mechanisms. Often, such explanations leave no room for a contribution by the agent. By integrating insights from theories of cognitive control and incorporating them into a philosophical account of intentions, we propose a way of thinking about the distribution of cognitive control resources as something the agent does. -/- Article 2 argues that a classic argument concerning luck, originally aimed at libertarianism, generalises beyond any specific theory of free will, and regardless of whether determinism or indeterminism is true. I call this mental luck. Because we all make decisions under conditions of relative uncertainty and limited information, it is possible for an agent to make decisions that are contrary to their own motivation. In such situations, it may be a matter of luck whether the agent makes the right decision. Mentally lucky decisions are not rationally governed by attitudes within the agent's perspective, and thus, may be indistinguishable from unlucky ones. From the perspective of the agent, such decisions may resemble the outcome of a lottery. Therefore, mental luck poses a challenge to most prominent theories of free action and moral responsibility. -/- Finally, article 3 engages with the issue of resultant luck, namely luck in how things turn out. Resultant luck raises a challenge for theories of moral responsibility because its existence suggests that one may be responsible for factors beyond one’s control. Prominent responses to resultant luck led to a choice between internalism and scepticism. I argue that familiar cases of resultant luck are based on the assumption that actions are events. Instead, I propose an alternative ontology of action as an ongoing goal-directed process with a many-shots structure. Described this way, cases of resultant luck are not representative of ordinary action. The proposal of action as a many-shots process is consistent with predictive coding, a cognitive architecture which centres around error minimisation. Under this framework, cases of resultant more luck are no longer failures of action, but rather anticipated errors to be settled within the ordinary process of action. (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.

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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 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)

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)

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)