Moral Luck Sucks

Every once in awhile, I fall into a deep, existential panic over the concept of moral luck.

Moral luck, per the Stanford Encyclopedia of Philosophy, "occurs when an agent can be correctly treated as an object of moral judgment despite the fact that a significant aspect of what she is assessed for depends on factors beyond her control." It presses against a very common intuition, which is that we should not be held accountable for things that we did not choose or which are out of our control (i.e., the products of "bad luck").

For example, suppose two drivers each strike and kill a pedestrian. One did so after carelessly running a stop sign. The other was driving perfectly carefully, but a pedestrian happened to jump out on the street and was struck. The first driver we generally agree can be held liable, often even criminally liable; the second driver we do not, because the former made a bad choice (driving carelessly) while the latter did not.

But here's the thing -- all of us, even those of us who are generally good drivers, have probably run a stop sign at some point in our lives. I have, and I've gotten a grand total of one traffic ticket in my entire life.* 

Do you know what happened the time I ran a stop sign?

Nothing. Nobody was killed or hurt or frankly even noticed. Which is the case 99% of the time people run stop signs. It is a very unlucky 1% who run a stop sign exactly when a car or pedestrian is crossing as well and seriously hurt someone. Again, unlucky.  It is not in the driver's control whether someone jumps out into the street or not. Yes, the more often one runs a stop sign the more one plays the odds. But ultimately, it is purely a matter of luck that I was in the 99% that hurt nobody, versus someone else who hurt someone. Yet that pure luck distinguishes someone whom, at best, we might say deserves a $100 ticket from someone we'd say deservedly should spend decades in jail for vehicular manslaughter.

And that thought makes me dizzy. I'm very much a rule follower. Other than that one traffic ticket, I've never been involved with the law in any way, shape, or form. And yet, it is just a matter of good fortune that I -- living the exact life I've lived and making the exact choices I, the consummate rule-follower, made -- could have been sent to prison for decades with nobody thinking it at all unjust.

No moral to the story. Just sharing a thought that's responsible for this month's bout of insomnia.

* It was for an illegal right turn while driving to school. The route from my house to school included a right turn on a street with a "no right turn" sign operative from 7 AM - 9:30 AM. That didn't affect me, though, because I drove to school at 6 AM. But one day there was a two-hour snow delay, so instead of driving at 6 AM, I was driving an 8 AM. A cop posted up on the corner and probably bagged half the senior class. Yes, I'm still salty about this.