Unlucky but guilty? Criminal negligence and moral luck

Abstract

Criminal law typically punishes individuals for wrongful conduct committed with a criminal intent — the actus reus accompanied by mens rea, based on the legal maxim actus non facit reum nisi mens sit rea. However, negligence-based offences disrupt this paradigm. In such cases, individuals may be held criminally responsible despite the absence of intention. This area of law raises a profound philosophical and ethical dilemma: how can one be held morally and legally accountable for consequences that, in some sense, are beyond one's control? The concept of moral luck—where factors outside a person's control affect how blameworthy they are deemed—intensifies this challenge.

This article explores the relationship between criminal responsibility for negligence and the problem of moral luck, analyzing the theoretical foundations, practical implications, and potential tensions inherent in this controversial area of law. [extract]