The problem of “dirty hands” concerns the possibility that there are situations in which, no matter what one does, there is no way to avoid committing a moral wrong. By presenting a taxonomy, this paper contends that the different ways of responding to the problem correspond to different positions as regards the classic metaphysical theme of “the One and the Many.” It is then suggested that the best, because most realistic, response aligns with an approach that would have us move (...) “towards One, as Many.”. (shrink)

_Uncovers clues regarding the inner life of Machiavelli's political leaders._.

Should those who get dirty hands be punished? There is strong disagreement among even those who support the existence of such scenarios. The problem arises because the paradoxical nature of dirty hands - doing wrong to do right - renders the standard normative justifications for punishment unfit for purpose. The Consequentialist, Retributivist and Communicative approaches cannot accommodate the idea that an action can be right, all things considered, but nevertheless also a categorical wrong. This paper argues that punishment is indeed (...) appropriate for those who dirty their hands and that there are three normative justifications that can be used to support this claim. These are the justifications from ‘Catharsis’, ‘Recognition of Evil Suffered’ and ‘Causal Responsibility’. Together they provide the sui generis justifications for punishing dirty hands. (shrink)

Declining levels of political trust and voter turnout, the shift towards populist politics marked by appeals to ‘the people’ and a rejection of ‘politics-as-usual’, are just some of the commonly cited manifestations of our culture of political disaffection. Democratic politics, it is argued, is in crisis. Whilst considerable energy has been expended on the task of lamenting the status of our politics and pondering over recommendations to tackle this perceived crisis, amid this raft of complaints and solutions lurks confusion. This (...) paper seeks to explore the neglected question of what the precise nature of the crisis with which we are confronted involves, and, in so doing, to go some way towards untangling our confusion. Taking my cue from Machiavelli and his value-pluralist heirs, I argue that there is a rift between a morally admirable and a virtuous political life. Failure to appreciate this possibility causes narrations of crisis to misconstrue the moral messiness of politics in ways that lead us to misunderstand how we should respond to disenchantment. Specifically, I suggest that: we think that there is a moral crisis in politics because we have an unsatisfactorily idealistic understanding of political integrity in the first place; and it is a mistake to imagine that the moral purification of politics is possible or desirable. Put simply, our crisis is not moral per se but primarily philosophical in nature: it relates to the very concepts we employ—the qualities of character and context we presuppose whilst pondering over political integrity. (shrink)

This paper draws on the underappreciated realist thought of Isaiah Berlin, Stuart Hampshire and Judith Shklar, rehearses their critique of moralism and extends it to a position which seems far from obvious a target: the dirty hands thesis, which is mostly owed to Michael Walzer, and which a number of contemporary realists have recently appealed to in their endeavour to challenge moralism and/or tackle the insufficiently addressed question of what a more affirmative, realist public ethic might involve. In illustrating that (...) the DH thesis is a thinly disguised brand of the moralism which realists reject, I shall not merely put some flesh on the bones of Shklar’s scattered, unsystematic objections to Walzer’s thought – the only realist who explicitly criticized his DH thesis. Rather, I wish to cast doubt on the internal coherence and ‘realism’ of contemporary realist positions which invoke that thesis and to illustrate that the discrepancy between Berlin’s, Shklar’s and Hampshire’s thought and the DH thesis: i) enriches our understanding of how we might wish to distinguish more meaningfully realism from the ideal/non-ideal theory debate; and ii) enables us to pursue a particular direction in which a more positive realist approach to public ethics and integrity might be developed – an approach which we might term Heraclitian realism, and which follows from their idiosyncratic, innovative, and radical account of the place of conflict in human life. (shrink)

Moral dilemmas are a feature of moral life that make us vulnerable to tragic failures. But while all moral dilemmas involve unavoidable moral failure and leave a moral remainder, they do not all involve dirty hands. Recognizing that Thomas Nagel’s ideas about the availability of both agent-relative and agent-neutral perspectives from which to ask moral questions formed the backdrop to Michael Walzer’s work on dirty hands fifty years ago, this paper tries to explain why, when we must take both perspectives—thus (...) being an agent who meanwhile considers overriding the responsibilities of our particular agency—we risk dirtying our hands. The answer to a question about what ought to happen (as judged from an agent-neutral perspective) and the answer to a question about what one ought to do (as judged from an agent-relative perspective) are utterly incomparable because they are answers to two different questions, making any all-things-considered decision, when these answers conflict, unintelligible. If we decide to act on an agent-neutral reason to violate a conflicting agent-relative requirement, then despite our not having clearly made a wrong decision, our chosen action may be unthinkable. It is with the dirt of acting as an administrator of what ought to happen—as a kind of non-agent, when agency is urgently called for—that we do the unthinkable. The paper concludes that this combination of unintelligibility and unthinkability, when brought on by being an agent who steps outside of our own agency, is the mark of a dirty hands dilemma. (shrink)

Je propose ici un argument « dilemmatique » en faveur de l’anti-paternalisme libéral. Soit il est vrai, comme le soutiennent les kantiens, que les règles impersonnelles, impartiales et universelles jouissent d’une priorité éthique ; soit il est vrai, comme le soutiennent des communautariens comme MacIntyre, que de telles règles ne jouissent pas d’une priorité éthique. Si les kantiens ont raison, alors – comme le veut la sagesse conventionnelle des manuels de philosophie politique – la neutralité de l’Etat à l’endroit des (...) conceptions du bien est justifiée. Et si les communautariens ont raison, alors – étonnamment – la neutralité de l’Etat est aussi justifiée. Donc la neutralité de l’Etat est justifiée. La première prémisse étant tautologique, elle s’impose d’elle-même. La seconde prémisse, établissant un lien entre priorité des règles universelles et neutralité de l’Etat, est trop connue pour retenir ici notre attention. La troisième prémisse, en revanche, établissant un lien entre la non-priorité des règles universelles et la neutralité de l’Etat, sonne comme un paradoxe. C’est donc sur elle que portera l’examen.I shall offer here a “dilemmatic” argument for liberal anti-paternalism. Either it is the case – as Kantians maintain – that impersonal, impartial and universal rules enjoy ethical priority ; or it is the case – as Communitarians like MacIntyre maintain – that universal rules do not enjoy any such priority. If Kantians are right, then – as suggested by the conventional wisdom of textbooks in political philosophy – State-neutrality towards conceptions of the good is justified. And if Communitarians are right, then – surprisingly – State-neutrality is justified too. Therefore State-neutrality is justified. The first premiss is tautological, and needs no special study. The second premiss, linking the priority of universal rules to State-neutrality, is too well known to deserve our attention. But the third premiss, linking the non-priority of universal rules to State-neutrality, sounds like a paradox. The paper thus focuses on that third controversial premiss. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

A number of recent authors have argued for the problem of ‘democratic dirty hands’. At least within a democracy, public officers can be rightly said to act in the name of the public; and thus, as agents to principals, the dirty hands of public officers are, ultimately attributable to that public. Even more troubling, so the argument goes, since dirty hands are necessary for public officers in any stable political order, then such democratic dirty hands are necessary for any stable (...) democracy. Our dirt is the unavoidable cost of democratic survival.In this paper, I offer an argument against this disconcerting conclusion. My central claim is that proponents of ‘democratic dirty hands’ have missed the import of another feature of contemporary governance: public institutions. Public institutions, as organisational agents, intermediate the relationship between public officer and public; and in so doing, the dirt necessary for stability may be ‘laundered’: the public may still gain the benefit of a public officer’s hands, but remain clean of the dirt. I illustrate this case by an extended discussion of the case of La Comisión Internacional contra la Impunidad en Guatemala (‘CICIG’). (shrink)

Realists and non-ideal theorists currently criticise Rawlsian mainstream liberalism for its inability to address injustice and political conflict, as a result of the subordination of political philosophy to moral theory, as well as an idealising and abstract methodology. Seeing that liberalism emerged as a theory for the protection of the individual from conflict and injustice, these criticisms aim at the very core of liberalism as a theory of the political and therefore deserve close analysis. I will defend Judith N. Shklar’s (...) liberalism of fear as an answer to these challenges. I will argue that the liberalism of fear maintains realism’s conflictual and inherently political thrust while also integrating a perspective on injustice. I will defend the claim that in contrast to the two aforementioned criticisms, the liberalism of fear develops its own normative standard from which political arrangements can be assessed. It does so by replacing the idealising approach to political philosophy with a non-utopian methodology, which opens a negative perspective on what is to be avoided in the political sphere, and how to detect and deal with injustice. Due to this standard, it is a liberal theory that is uniquely able to meet the realist and non-ideal challenge. (shrink)

Abstract‘Dogwhistles’ and microtargeted political advertisements are objects of widespread moral and political concern. With a few notable exceptions in the case of dogwhistles (and none in the case of microtargeting) moral criticism of these speech act types generally focuses on problematic content—that a dogwhistle is, for instance, racist, or a microtargeted advertisement misleading. I argue that these practices are additionally morally wrongful on content-neutral grounds—regardless of their content. My argument proceeds from a deliberative conception of democracy according to which only (...) a vote which follows from an adequate deliberative process confers democratic legitimacy on its results. I claim that both dogwhistles and microtargeting threaten to prevent adequate democratic deliberation from taking place, and therefore that these practices are anti-democratic and, additionally, morally impermissible. I then discuss potential objections and how my argument relates to existing work. (shrink)

The paper offers an account of integrity as the capacity to deliberate and reflect usefully in the light of context, knowledge, experience, and information (that of self and others) on complex and conflicting factors bearing on action or potential action. Such an account of integrity seeks to encompass the moral complexity and conflict of the professional environment, and the need for compromises in professional practice. In addition, it accepts that humans are social beings who must respect and engage with the (...) moral position of others. This account is contrasted with a more traditional view of integrity as the rigid maintenance of consistency between professional practice and deeply held, but inflexible, moral principles. While this strong sense of moral conviction may be valuable as a source of moral motivation, e.g. in the case of whistle‐blowers, it is equally likely to lead to dogmatism and hubris. Professionals and their organizations are encouraged to foster the more complex and reflective form of integrity. (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

The essay argues that individual ethical judgment is a necessary ingredient in an organisation’s ethical performance. Attempts to systematise judgment, removing it from individual responsibility are not successful, and sometimes can even be counterproductive. Focus on systems of accountability can actually detract from the production of ethical behaviour. A number of examples are provided. Although it is much more difficult to produce, individual responsible decision-making and individual judgment should be the features that an organisation focuses on in its interest to (...) promote ethical performance. Accountability systems are important; but they have very limited application toward production of an ethically excellent environment. The essay argues that there has been too much attention paid to accountability systems within organisations, and much too little paid toward the development and cultivation of individual ethical decision making and responsible behaviour. (shrink)

Critics often charge that Kantian ethics is implausibly rigoristic: that Kantianism recognizes a set of perfect duties, encapsulated in rules such as ‘don’t lie,’ ‘keep one’s promises,’ etc., and that these rules apply without exception. Though a number of Kantians have plausibly argued that Kantianism can acknowledge exceptions to perfect duties, this acknowledgment alone does not indicate how and when such exceptions ought to be made. This article critiques a recent attempt to motivate how such exceptions are to be made, (...) namely, the constitutive approach developed by Tamar Schapiro. I argue that the constitutive approach is vulnerable to the objection that it is too permissive, justifying many morally dubious exceptions to perfect duties. I conclude by briefly outlining an alternative ‘fine print’ approach to the rigorism objection that appears to avoid the objection leveled at Schapiro’s approach, focusing on how modifying the constituents of agents’ maxims can change the deontic status of an act of a generally impermissible kind. (shrink)

The alleged problem of the dirty hands of politicians has been much discussed since Michael Walzer’s original piece (Walzer 1974). The discussion has concerned the precise nature of the problem or sought to dissolve the apparent paradox. However there has been little discussion of the putative complicity, and thus also dirtying of hands, of a democratic public that authorizes politicians to act in its name. This article outlines the sense in which politicians do get dirty hands and the degree to (...) which a democratic public may also get dirty hands. It separates the questions of secrecy, authorisation, and wrongfulness in order to spell out the extent of public complicity. Finally it addresses the ways in which those who do and those who do not acknowledge the problem of dirty hands erroneously discount or deny the problem of complicity by an appeal to the nature of democracy, a putatively essential need for political openness or to the scope of ideal theory. (shrink)

What is the moral law and what role does it and should it play in political theory and political practice? In this entry we will try to answer these important questions by first examining what the moral law is, before investigating the different ways in which the relationship between morality and politics can be conceptualized.

The paper discusses the manner and extent to which Epicurean ethics can serve as a general philosophy of life, capable of supporting philosophical practice in the form of philosophical counseling. Unlike the modern age academic philosophy, the philosophical practice movement portrays the philosopher as a personal or corporate adviser, one who helps people make sense of their experiences and find optimum solutions within the context of their values and general preferences. Philosophical counseling may rest on almost any school of philosophy, (...) ranging — in the Western tradition from Platonism to the philosophy of language or logic. While any specialist school of philosophy may serve valuable purposes by elucidating specific aspects of one’s experiences and directing future action, the more ‘generalist’ the philosophy used as the basis for counseling is, the broader and more far-reaching its potential impact on the person undergoing counseling. Epicurean ethics is a prime example of a philosophy of life that is suitable for philosophical counseling today. Its closer examination reveals that, contrary to superficial opinion, it is not opposed to Stoicism and may in fact incorporate Stoicism and its antecedent virtues (including many Christian virtues) in a simple yet comprehensive practical system of directions for modern counseling. (shrink)