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)

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally (...) responsible for certain kinds of lucky consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities (...) and those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

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.

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)

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 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 (...) class='Hi'>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)

The problem of moral luck arises due to a particular tension in our thought. On the one hand, we seem readily inclined to endorse the principle that moral responsibility, that is, one’s praiseworthiness or blameworthiness, cannot be affected by luck, that is, by factors over which one lacks control. But, when we examine our actual practices, we find that our moral judgments are highly sensitive to luck. This resulting tension between principle and practice is (...) the problem of moral luck, and an attempt to solve this problem is an attempt to resolve this tension. The article first explains the traditional characterization of the problem and reviews three general strategies in responding to it. It is then argued that we should characterize the problem in a slightly broader way. This refocusing turns out to have significant methodological implications. (shrink)

Philosophers often consider problems of free will and moral luck in isolation from one another, but both are about control and moral responsibility. One problem of free will concerns the difficult task of specifying the kind of control over our actions that is necessary and sufficient to act freely. One problem of moral luck refers to the puzzling task of explaining whether and how people can be morally responsible for actions permeated by factors beyond their (...) control. This chapter explicates and assesses skeptical, compatibilist, and libertarian approaches to moral luck. First, I argue that what makes the above problems of free will and moral luck distinct is largely their emphasis on different kinds of luck. Second, I describe and evaluate skeptical arguments from constitutive and circumstantial luck that it is impossible to act freely. Third, I explicate and assess various support and implication relationships between various kinds of compatibilism and libertarianism, on the one hand, and causal, constitutive, circumstantial, and resultant moral luck, on the other. (shrink)

In the modern moral luck debate, Kant is standardly taken to be the enemy of moral luck. My goal in this paper is to show that this is mistaken. The paper is divided into six sections. In the first, I show that participants in the moral luck literature take moral luck to be anathema to Kantian ethics. In the second, I explain the kind of luck I am going to focus on (...) here: consequence luck, a species of resultant luck. In the third, I explain why philosophers have taken Kantian ethics to reject moral luck and, in particular, consequence luck. In the fourth, I explain why these philosophers are mistaken, and I set out Kant’s theoretical framework for consequence luck. In the fifth, I clarify and defend this framework, and in the sixth, I interrogate and attack it. (shrink)

Moral luck is an important issue in meta- ethics. Its conflict to principle of control make challenges to moral moral assessment, moral judgment and moral responsibility. Bernard Williams is the first philosopher who uses the expression "moral luck" and tries to show that the contradiction between “moral” and “luck” is not so serious. Against Kantian’s idea and also our intuitions Williams doesn’t believe that morality is immune of luck and (...) that unlike other values, is accessible to all people. If moral value is accessible to all, according to his idea, it should be not only immune of luck but also supreme. Giving some examples, Williams by concepts like justification, regret and retrospective, shows that morality hasn’t these characteristics. Dividing moral luck into four types: resultant, circumstantial, constitutive and causal, Thomas Nagel puts Williams' moral luck under the first type and criticizes it. This study seeks to explain Bernard Williams’ viewpoint on moral luck. At first it clears types of moral luck, principle of control and its contradiction with moral luck, then after explaining Williams’ account of moral luck criticizes it. Nagel’s criticisms and others show that although they accept the existence of moral luck and also their account is compatible to williams’ but they deny williams’ success in defending of this phenomenon. Finally, despite of all critiques, it seems that Williams’ failure in defense of moral luck didn’t decrease the importance of this matter, but made some stronger ideas were appeared by Thomas Nagel in this regard. (shrink)

I argue that any account attempting to do away with resultant or circumstantial moral luck is inconsistent with a natural response to the problem of constitutive moral luck. It is plausible to think that we sometimes contribute to the formation of our characters in such a way as to mitigate our constitutive moral luck at later times. But, as I argue here, whether or not we succeed in bringing about changes to our characters (...) is itself a matter of resultant and circumstantial moral luck. I conclude with a dilemma, both horns of which require accepting some form of moral luck. (shrink)

This paper takes under consideration a piece by Roger Crisp in which he questions what the problem of moral luck can teach us about COVID-19 lockdown rule-breakers. Taking the position that although such rule-breakers might seem to be new examples of moral luck, Crisp ends up denying the existence of moral luck and argues that moral luck is an outdated notion in so far as it relies on other questionable aspects of morality, (...) that is, retributivist punishment and blame. Although the author agrees with Crisp that pandemic rule-breaker cases are putative examples of resultant moral luck, he proposes that Crisp has misconstrued what moral luck is and the paper examines in detail what he sees as the numerous problems with Crisp’s claims. The author concludes that Crisp’s analysis of pandemic rule-breaking does not shed any new light on the moral luck debate, and the difficult questions of luck, moral responsibility, and desert are not so easily resolved. -/- . (shrink)

Robert Hartman’s parallelism argument aims to show that resultant moral luck exists. The gist of the argument is this: because there is circumstantial moral luck in a particular circumstantial luck scenario and that scenario is analogous in important ways to a particular resultant luck scenario, the resultant luck scenario is plausibly an instance of resultant moral luck. I argue that there is a principled way of denying that (...) circumstantial moral luck is present in the circumstantial luck scenario. Doing so is not enough, however, to reject Hartman’s general analogical line of reasoning since an alternative parallelism argument based on a resultant luck scenario and a circumstantial luck scenario of another kind can be made. Nevertheless, I argue that the analogy between the circumstantial luck scenario and the resultant luck scenario in both the alternative parallelism argument and its original counterpart is too weak to support the claim that resultant moral luck is present in the resultant luck scenario. (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)

Far from being indiscriminately critical of the ideas he associated with the morality system, Bernard Williams offered vindicatory explanations of its crucial building blocks, such as the moral/non-moral distinction, the idea of obligation, the voluntary/involuntary distinction, and the practice of blame. The rationale for these concessive moves, I argue, is that understanding what these ideas do for us when they are not in the service of the system is just as important to leading us out of the system (...) as the critique of that system. I then show how regarding the aspiration to shelter life from luck as the system’s organizing ambition explains why the system elaborates and combines these building blocks in the way it does. Finally, I argue that the ultimate problem with the resulting construction is its frictionless purity. It robs valuable concepts of their grip on the world we live in, and, by insisting on purity from contingency, threatens to issue in nihilism about value and scepticism about agency. (shrink)

When a circular coin is rotated in depth, is there any sense in which it comes to resemble an ellipse? While this question is at the center of a rich and divided philosophical tradition (with some scholars answering affirmatively and some negatively), Morales et al. (2020, 2021) took an empirical approach, reporting 10 experiments whose results favor such perspectival similarity. Recently, Burge and Burge (2022) offered a vigorous critique of this work, objecting to its approach and conclusions on both philosophical (...) and empirical grounds. Here, we answer these objections on both fronts. We show that Burge and Burge’s critique rests on misunderstandings of Morales et al.’s claims; of the relation between the data and conclusions; and of the philosophical context in which the work appears. Specifically, Burge and Burge attribute to us a much stronger (and stranger) view than we hold, involving the introduction of “a new entity” located “in some intermediate position(s) between the distal shape and the retinal image.” We do not hold this view. Indeed, once properly understood, most of Burge and Burge’s objections favor Morales et al.’s claims rather than oppose them. Finally, we discuss several questions that remain unanswered, and reflect on a productive path forward on these issues of foundational scientific and philosophical interest. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

Studying the neural correlates of conscious awareness depends on a reliable comparison between activations associated with awareness and unawareness. One particularly difficult confound to remove is task performance capacity, i.e. the difference in performance between the conditions of interest. While ideally task performance capacity should be matched across different conditions, this is difficult to achieve experimentally. However, differences in performance could theoretically be corrected for mathematically. One such proposal is found in a recent paper by Lamy, Salti and Bar-Haim [Lamy (...) D, Salti M, Bar-Haim Y. Neural correlates of subjective awareness and unconscious processing: an ERP study. J Cognitive Neurosci 2009,21:1435-46], who put forward a corrective method for an electroencephalography experiment. We argue that their analysis is essentially grounded in a version of High Threshold Theory, which has been shown to be inferior in general to Signal Detection Theory. We show through a series of computer simulations that their correction method only partially removes the influence of perfor- mance capacity, which can yield misleading results. We present a mathematical correction method based on Signal Detection Theory that is theoretically capable of removing performance capacity confounds. We discuss the limitations of mathemati- cally correcting for performance capacity confounds in imaging studies and its impact for theories about consciousness. (shrink)

When visual attention is directed away from a stimulus, neural processing is weak and strength and precision of sensory data decreases. From a computational perspective, in such situations observers should give more weight to prior expectations in order to behave optimally during a discrimination task. Here we test a signal detection theoretic model that counter-intuitively predicts subjects will do just the opposite in a discrimination task with two stimuli, one attended and one unattended: when subjects are probed to discriminate the (...) unattended stimulus, they rely less on prior information about the probed stimulus’ identity. The model is in part inspired by recent findings that attention reduces trial-by-trial variability of the neuronal population response and that they use a common criterion for attended and unattended trials. In five different visual discrimination experiments, when attention was directed away from the target stimulus, subjects did not adjust their response bias in reaction to a change in stimulus presentation frequency despite being fully informed and despite the presence of performance feedback and monetary and social incentives. This indicates that subjects did not rely more on the priors under conditions of inattention as would be predicted by a Bayes-optimal observer model. These results inform and constrain future models of Bayesian inference in the human brain. (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)

En el presente estudio participaron 270 estudiantes en dos muestras; la primera con alumnos de bachillerato, la segunda con alumnos universitarios, ambos del estado de Puebla, México. La investigación fue básicamente cuantitativa, sin embargo, el instrumento utilizado permitió obtener valiosa información cualitativa. El objetivo fue contrastar los resultados históricos de test con dilemas morales clásicos. Los participantes se enfrentaron al Dilema del tranvía, al Dilema de la pasarela y al Dilema de Sofía. Los resultados demostraron que es válida la categorización (...) en cuatro posturas morales básicas: utilitarismo, emotivismo, deontología y ética de la virtud. Y si bien se obtuvieron, en una primera instancia, resultados cuantitativos catalogados como mayormente utilitarios, lo cierto es que las creencias morales exhibidas en el estudio superan el dualismo utilitarismo-emotivismo de estudios previos consultados. In the present study, 270 students participated in two samples, the first with high school students, the second with university students, both from the state of Puebla. The research was quantitative, however, the instrument used allowed obtaining valuable qualitative information. The objective was to contrast the historical test results with classic moral dilemmas. Participants faced the Trolley Dilemma, Footbridge Dilemma and Sophia’s Dilemma. The results showed that the categorization in four basic moral positions is valid: utilitarianism, emotivism, deontology and virtue ethics. And although quantitative results cataloged as mostly utilitarian were obtained in the first instance, the truth is that the moral beliefs exhibited in the study surpass the utilitarianism-emotivism dualism of previous studies consulted. (shrink)

This reply to Carolina Sartorio’s “Resultant Luck and the Thirsty Traveler” begins with a discussion of earlier treatments of the thirsty traveler puzzle. I emphasize the way in which adjustments to the case can elicit varying intuitions and conclude with a suggestion as to why the case is so difficult to analyze. Next, I turn to Sartorio’s analysis of the puzzle. I largely agree with her judgments about the causal issues in the case but I am less certain (...) about the conclusions she draws with respect to moral responsibility. I conclude with some reflections on Sartorio’s claim that causation and moral responsibility come apart in the thirsty traveler puzzle. I suggest that this might be true in a way other than the one that Sartorio has in mind; my proposal raises issues about moral luck in addition to those that Sartorio considers. (shrink)

Discussion of moral responsibility has traditionally centred around actions and the possibility of alternative actions. In this short paper I take a different approach and focus on choices rather than actions. I argue that a person is morally responsible directly for their choices and only indirectly for resulting actions. This subtle shift helps to clarify many issues such as moral luck, thwarted choice and coercion.

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)

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)

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

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)

I argue that certain kinds of luck can partially determine an agent’s praiseworthiness and blameworthiness. To make this view clearer, consider some examples. Two identical agents drive recklessly around a curb, and one but not the other kills a pedestrian. Two identical corrupt judges would freely take a bribe if one were offered. Only one judge is offered a bribe, and so only one judge takes a bribe. Put in terms of these examples, I argue that the killer driver (...) and bribe taker are more blameworthy than their counterparts. I offer three arguments for that view, and, in doing so, I exemplify a general way to advance the moral luck debate. First, I argue against an account of moral responsibility that implies that the judges are equally blameworthy. Second, I argue that the killer driver is more blameworthy than the merely reckless driver. Third, I locate an alternative sense in which the agents in each case pair are morally on par. (shrink)

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

Moral luck occurs when factors beyond an agent’s control affect her blameworthiness. Several scholars deny the existence of moral luck by distinguishing judging blameworthy from blame-related practices. Luck does not affect an agent’s blameworthiness because morality is conceptually fair, but it can affect the appropriate degree of blame for that agent. While separatism resolves the paradox of moral luck, we aim to show it that it needs amendment, because it is unfair to treat (...) two equally blameworthy people unequally. We argue that separatists should conceive fairness as a pro tanto reason for blame. By locating fairness as a ground for blame within a wider axiology of blame, separatism could resolve the challenge of blaming fairly. In such an axiology, reasonable and fair blame diverge. (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)

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.

There is no such thing as moral luck or everyone is profoundly mistaken about its nature and a radical rethinking of moral luck is needed. The argument to be developed is not complicated, and relies almost entirely on premises that should seem obviously correct to anyone who follows the moral luck literature. The conclusion, however, is surprising and disturbing. The classic cases of moral luck always involve an agent who lacks control over (...) an event whose occurrence affects her praiseworthiness or blameworthiness. Close examination of what it is to have control or to lack it reveals the logical space for counterexamples that do not fit the pattern constitutive of moral luck, and so unravel the whole. (shrink)

When explaining human actions, people usually focus on a small subset of potential causes. What leads us to prefer certain explanations for valenced actions over others? The present studies indicate that our moral attitudes often predict our explanatory preferences far better than our beliefs about how causally sensitive actions are to features of the actor's environment. Study 1 found that high-prejudice participants were much more likely to endorse non-agential explanations of an erotic same-sex encounter, such as that one of (...) the men endured a stressful event earlier that day. Study 2 manipulated participants' beliefs about how the agent's behavior depended on features of his environment, finding that such beliefs played no clear role in modeling participants' explanatory preferences. This result emerged both with low- and high-prejudice, US and Indian participants, suggesting that these findings probably reflect a species-typical feature of human psychology. Study 3 found that moral attitudes also predicted explanations for a woman's decision to abort her pregnancy (3a) and a person's decision to convert to Islam (3b). Study 4 found that luck in an action's etiology tends to undermine perceptions of blame more readily than perceptions of praise. Finally, Study 5 found that when explaining support for a rival ideology, both Liberals and Conservatives downplay agential causes while emphasizing environmental ones. Taken together, these studies indicate that our explanatory preferences often reflect a powerful tendency to represent agents as possessing virtuous true selves. Consequently, situation-focused explanations often appear salient because people resist attributing negatively valenced actions to the true self. There is a person/situation distinction, but it is normative. (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)

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)

This is a review of Moral Luck Philosophical Papers 1973-1980 by Bernard Williams.

One key desideratum of a theory of blame is that it be able to explain why we typically have differing blaming responses in cases involving significant degrees of luck. T.M. Scanlon has proposed a relational account of blame, and he has argued that his account succeeds in this regard and that this success makes his view preferable to reactive attitude accounts of blame. In this paper, I aim to show that Scanlon's view is open to a different kind of (...) luck-based objection. I then offer a way of understanding moral luck cases which allows for a plausible explanation of our differential blaming responses by appealing to the salience of certain relevant features of the action in question. (shrink)

I raise two challenges for theological determinism. The first challenge concerns the accounts of human moral responsibility available to them. The second challenge concerns the responses to the problem of evil available to them. We will also see that the two challenges converge in an interesting way.

This article explores a historical challenge for contemporary accounts of the role that the desire of being esteemed can play in exercising social control. According to Geoffrey Brennan and Philip Pettit, the economy of esteem normally has two aspects: it is supportive of virtuous action and it occurs spontaneously. The analysis of esteem presented by the 18th‐century materialist Claude‐Adrien Helvétius challenges the intuition that these two aspects go together unproblematically. This is so because, in Helvétius's view, the desire for esteem (...) is always triggered by sensible interest. In the frequent situations where sensible interest diverges from the demands of virtue, the economy of esteem thus can be spontaneous but will not be supportive of virtue. Helvétius allows for cases of moral luck where sensible interest coincides with the demands of virtue but regards these cases as rare occurrences. This is why he believes that a functioning economy of esteem crucially depends on political constitutions—in which case the economy of esteem can be supportive of virtue but will not be spontaneous. (shrink)

Brain-computer interfaces (BCIs) are devices primarily intended to allow agents to use prosthetic body parts, wheelchairs, and other mechanisms by forming intentions or performing certain mental actions. In this paper I illustrate how the use of BCIs leads to two unique and unrecognized problems of moral luck. In short, it seems that agents who depend upon BCIs for bodily movement or the use of other mechanisms (henceforth “BCI-agents”) may end up deserving of blame and legal punishment more so (...) than standard counterparts simply due to factors beyond their control. My aim is to explore whether we can avoid the implication that BCI-agents are subject to these unique sources of moral luck. In doing so I offer a number of possible solutions and then defend one of these solutions as the best. As it turns out, the solution I defend addresses both problems of moral luck at once and has broader implications for theorizing about moral luck as well as the epistemic condition on moral responsibility. (shrink)

The problem of moral luck is that a general fact about luck and an intuitive moral principle jointly imply the following skeptical conclusion: human beings are morally responsible for at most a tiny fraction of each action. This skeptical conclusion threatens to undermine the claim that human beings deserve their respective eternal reward and punishment. But even if this restriction on moral responsibility is compatible with the doctrine of the final judgment, the quality of one’s (...) afterlife within heaven or hell still appears to be lucky. Utilizing recent responses to the problem of moral luck, I explore several Molinist accounts of the final judgment that resolve both theological problems of moral luck. Some of these accounts entirely eliminate moral luck while others ensure that the moral luck involved in the judgment is overall good luck. (DOWNLOAD the published version at the external link below.). (shrink)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive (...) class='Hi'>luck provide a reason to accept a pro-moral luck interpretation of Kant. (shrink)

On a common characterization, moral luck occurs when factors beyond agents’ control affect their moral responsibility. The existence of moral luck is widely contested, however. In this paper, I present a new challenge for deniers of moral luck. It seems that some factors beyond agents’ control—such as moral principles about blame- and praiseworthiness—clearly affect moral responsibility. Thus, moral luck deniers face a dialectical burden that has so far gone unnoticed. (...) They must either point to a relevant difference between factors like moral principles and the kind of factors that according to them do not affect moral responsibility or show how they can avoid having to point to such a difference. I argue that no obvious way to meet the challenge presents itself and that it thus amounts to a serious worry for deniers of moral luck. (shrink)

The similarities between the philosophical debates surrounding assessment sensitivity and moral luck run so deep that one can easily adapt almost any argument from one debate, change some terms, adapt the examples, and end up with an argument relevant to the other. This article takes Brian Rosebury's strategy for resisting moral luck in “Moral Responsibility and ‘Moral Luck' ” (1995) and turns it into a strategy for resisting assessment sensitivity. The article shows that (...) one of Bernard Williams's examples motivating moral luck is very similar to one of the examples John MacFarlane uses to motivate the assessment sensitivity of epistemic modals, and in particular the assessment sensitivity of the auxiliary verb “might.” This means that, if Rosebury is right and we do not actually need moral luck to explain Williams's example, we may not need assessment sensitivity to account for the semantic behaviour of the epistemic modal verb “might” either. (shrink)

In this paper, we give a new argument for the existence of moral luck. The argument is based on a manipulation case in which two agents both lack second-order control over their actions, but one of them has first-order control. Our argument is, we argue, in several respects stronger than standard arguments for moral luck. Five possible objections to the argument are considered, and its general significance for the debate on moral luck is briefly (...) discussed. (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, (...) I highlight a few key connections between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

One way to frame the problem of moral luck is as a contradiction in our ordinary ideas about moral responsibility. In the case of two identical reckless drivers where one kills a pedestrian and the other does not, we tend to intuit that they are and are not equally blameworthy. The Character Response sorts these intuitions in part by providing an account of moral responsibility: the drivers must be equally blameworthy, because they have identical character traits (...) and people are originally praiseworthy and blameworthy in virtue of, and only in virtue of, their character traits. After explicating two versions of the Character Response, I argue that they both involve implausible accounts of moral responsibility and fail to provide a good solution to the problem of moral luck. I close by noting how proponents of moral luck can preserve a kernel of truth from the Character Response to explain away the intuition that the drivers are equally blameworthy. (shrink)