A Special Account of the Rule of Individuation of Reactions in the System of Criminal Justice with Respect to the Idea of Moral Luck in the Case of Pre-behavior

Document Type : Original Article

Authors

1 PHD student

2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran

3 Associate Professor, Department of Philosophy, Allameh Tabatabai University

Abstract

Although the rule of individuation of reactions has been worldly common and accepted in the system of criminal justice, it is still confronted with certain problems. Considering the problem of moral luck, the article seeks to provide a special account of this rule. The problem of moral luck challenges our moral assessments. The main objection is that when we do not have control over our behavior, how can we be blamed for it. One of the potential responses neglected by researchers in the pre-behavioral luck is to take into consideration the compatibilist view, and more importantly the problem of weakness of will. Weakness of will, as it will be explained later, may justify the different ways of moral assessments. This justification articulated in legal terms can offer a novel strong explanation for justifying the rule of individuation of reactions in the system of criminal justice. Relying on analytical research the present article shows that the compatibilist view can justify the principle of inflicting punishment; justifying the principle of inflicting punishment, the problem of weakness of will can lay the foundations for accepting the differences among reactions.

Keywords

Files

Share

How to cite

Statistics