If someone denied the existence of resultant moral luck, s/he would probably argue that the no-fault compensation system is fairer than a standard account of tort liability. Agents are not responsible for the consequences and harms they cause but only for the risks they create. David Enoch recently argued that such an approach lacks personal liability taken on by agents. I believe that Enoch’s position is incoherent and taking responsibility is irrelevant for tort liability.

Link to the article: Tort liability without taking responsibility: A challenge to David Enoch’s idea of taking tort liability

The research was supported from the Grant NPRH 2bH 15 0068 83 awarded to Tomasz Żuradzki.