The difference between ethics and law in response to consequential luck

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Niazi Mohammad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:2023 | Volume:53 | Issue:1 Page(s): 141-123

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

The difference between ethics and law in response to consequential luck

Author(s)

Niazi Mohammad | Issue Writer Certificate

Keywords

moral luck

consequential luck

criminal luck

blameworthiness

features of punishment

Abstract

The criminal field in Law study has long been open to many ethical debates. The emerging issue of moral luck quickly reflected itself in criminal law conversations. This article has discussed one of the types of moral luck, that is, consequential luck, in the discussion between the moral philosophy and criminal law. Consequential moral luck means that the result of the perpetrator's behaviour is effective on his moral evaluation. Consequence criminal luck is also defined as the result of the perpetrator's behaviour is effective on his criminal fate. In this article, after precise conceptual demarcation, an attempt has been made to correctly determine the center of ambiguity and to process the question of the topic of discussion carefully. The present article shows that there is no consequential moral luck, unlike consequential criminal luck. In ethics, blameworthiness is the ultimate point. In criminal law, blameworthiness is the beginning; It is a necessary but insufficient condition. This important feature, along with other rules such as expressiveness of punishment and minimality of criminal law, distinguishes the path of criminal law from moral discussions in the issue of consequential luck.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans