W poszukiwaniu pozamoralnych racji dla trafu prawnego
In search of extra-moral reasons for legal luck

Summary/Abstract: The article concerns the discussion in the philosophy of law concerning the relationship between moral luck and legal luck. The term “moral luck” appeared in the philosophical literature in the second half of the 20th century in the work of Bernard Williams entitled Moral luck and in Thomas Nagel entitled Mortal Questions. While the importance of luck may be denied on the grounds of moral evaluations, it is an undeniable fact in legal evaluations. The objective of this paper is to find a justification for differentiating criminal liability towards perpetrators of the same moral status, where the factor influencing the differences in the attributed responsibility are only the consequences of their actions beyond their control. The article is an attempt to find some extra-moral arguments that will justify legal luck. It was assumed that justification should be sought in the goals of criminal punishment.

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