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Fiery Cushman on Moral Luck

Philosophy Bites

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The Importance of Intent in Punishment

Punishment is kind of a composite of two forces. There's this developmentally early emerging and I would suggest but we need more evidence possibly innate and adapted reflex that says if you caused harm you deserve punishment. And then layered on top of that is potentially a more developmentally later emerging capacity to reflect on intentions. It plays if anything the greater role in determining punishment. But beneath it creating these dilemmas of moral luck is still operating that reflex which can push cases around sort of at the margins.

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