Moral Luck, Constitutive Luck
Luck plays a tremendous role in our lives. Consider two people who are texting while driving in a residential neighborhood: one such driver, through sheer coincidence, ends up striking a pedestrian, while the other driver passes through without incident. Though their behavior is identical, our reactions – and the view of the justice system – toward their behavior varies greatly and hinges considerably on the element of mere chance. In a sense, one driver was simply luckier than the other.