Moral Luck and Penal Subjectivism: The Problem of Error in Personam and Aberratio Ictus

Abstract

The problem of moral luck originated debates between philosophers and criminal theorists. In this paper I will try to introduce this problem and then I will concentrate on some specific difficulties of the criminal law related with luck, as the aberratio ictus and error in personam. My aim in this paper is to point out the obstacles of those who seek to deny the influence of luck in our lives.