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,,Moral Luck" in Moral und Recht: Ein induktiver Vergleich zweier normativer Ordnungen anhand des Umgangs mit dem Zufall

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A case of Moral Luck occurs whenever we normatively assess agents for things that depend on factors beyond their control. The paper takes a comparative approach and examines how morality and law deal with such cases. The comparative perspective allows us to explain the problem of Moral Luck as a tension inherent in normative orders: While normative orders are based on a strong connection between responsibility and voluntariness, this idealist assumption is at least partly at odds with their functional requirements as social orders. The paper examines how law and morality converge and differ in resolving this tension in cases of Moral Luck. Finally, the paper concludes with a brief discussion of some more general features of the normative orders of morality and the law that follow from this "bottom-up" analysis of Moral Luck.
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Document Type: Research Article

Publication date: April 1, 2013

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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