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Random JusticeOn Lotteries and Legal Decision-Making$
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Neil Duxbury

Print publication date: 1999

Print ISBN-13: 9780198268253

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268253.001.0001

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The Spectre of Chance

The Spectre of Chance

Chapter:
(p.6) 1 The Spectre of Chance
Source:
Random Justice
Author(s):

Neil Duxbury

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268253.003.0002

Chance offers no guarantee that one will get the outcome that one desires. Just as we can be its beneficiaries, so too we may be its victims. Luck rests at the foundation of our moral judgements: the actions on which we are judged emerge from a world which we do not control. The notion of ‘moral luck’ is especially unnerving because there seems to be something in our conception of morality that arouses opposition to the idea that moral responsibility, or moral merit, or moral blame, should be subject to luck. Chance is an integral, ineradicable feature of law. Just as in other areas of life, being a beneficiary or a victim of the legal system will often be a matter of luck. This book articles the main problems associated with legal decision-making and shows that these problems may be overstated. This book considers what sort of case might be made for the use of lotteries in legal and social decision-making contexts.

Keywords:   chance, luck, moral judgements, morality, law, legal decision-making, social decision-making, lotteries

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