A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

‘It is necessary to a Prince to learn how not to be good’. This quotation from Machiavelli’s The Prince has become the mantra of the standard dirty hands thesis. Despite its infamy, it features proudly in most conventional expositions of the dirty hands problem, including Michael Walzer’s original analysis. In this paper, I wish to cast a doubt as to whether the standard conception of the problem of DH—the recognition that, in certain inescapable and tragic circumstances an innocent course of (...) action is unfeasible—fully captures Machiavelli’s message and its terrifying implications. In particular, I argue that the standard DH thesis is inadequately ‘static’: it conceives the conflict between ordinary morality and political morality as a stark, momentary and rare paradox of action—an anomaly disrupting the normality of harmony. As such it misconceives both the extent and the nature of the rupture between morality and politics. In this sense, the argument I shall advance does just involve an exercise in the history of political thought. Rather, I want to suggest that, by virtue of its failure to take Machiavelli’s insights seriously, the standard DH thesis fails to live up to its purported capacity to capture the complexity and fragmentation of our moral cosmos and that, consequently, it is nothing more than a thinly veiled version of the idealism and monism it purports to reject. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...) of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

In a recent paper published in this journal, we discussed a phenomenon that we referred to as ‘hostage authorship’. By this we meant a practice where an undeserving person X is included as author o...

When questioning whether political deception can be ethically warranted, two competing intuitions jump to the fore. First, political deception is a fact of human life, used in the realpolitik of governance. Second, the ethical warrant of truth asserts itself as inexorably and indefatigably preferable to falsehood. Unfortunately, a cursory examination of the history of philosophy reveals a paucity of models to marry these basic intuitions. Some thinkers (e.g., Augustine, Aquinas, Grotius, Kant, Mill, and Rawls) privilege the truth by neglecting the (...) realpolitik, i.e., the truth is inviolate. Others (e.g., Machiavelli, Bentham, and the often infamous caché of 20th century dictators) focus upon the realpolitik to the exclusion of the primacy of the truth. A third group of critical thinkers (e.g., Arendt and Bok) examine the topic but offer no positive, systematic treatment of deception. Lacking are theories which simultaneously recognize that political untruth is often necessary, but that untruth is only justified when a) truth is politically impossible, b) the necessity of untruth is demonstrable, and c) the truth can be replaced with a minimally injurious untruth. Plato offers one such account in the Republic, arguing that deceit must be applied medicinally to the city. However, his account is problematic in detail. One of Plato’s inheritors, the 10th century thinker al-Fārābī, advanced Plato’s theoretical account, arguing that political governance requires restrained political deception. This deception, the expression of philosophical truths through the symbols of religion, meets the criteria mentioned above, being necessary, demonstrably necessary, and minimally injurious. But while al-Fārābī provides a valuable model for what justified political deception could look like, the lengths to which he must go in order to create a viable model for political deception reveals the untenability of the notion of justified political deception writ large. One must orchestrate an entire cosmos around the notion, notably a cosmos that does not match our own. One must adopt very specific conceptions of human nature, association, and happiness, as well as a particular metaphysics and epistemology. For, while al-Fārābī shows that political deception can be justifiable, he also reveals its unjustifiability outside an idealized setting. (shrink)

Despite rarely explicitly thematizing the problem of dirty hands, this essay argues that Merleau-Ponty’s political work can nonetheless make some important contributions to the issue, both descriptively and normatively. Although his political writings have been neglected in recent times, his interpretations of Marxism and Machiavelli enabled him to develop an account of political phronesis and virtù that sought to retain the strengths of their respective positions without succumbing to their problems. In the process, he provides grounds for generalizing the problem (...) of “dirty hands” beyond Michael Walzer’s influential understanding that pertains primarily to “emergencies” and singular time-slice actions, and addresses concerns about the coherence of the very idea that there is justified action that one ought to do which remains wrong. Merleau-Ponty does this by emphasizing the diachronic relationship between theoretical principles and concrete political action over a period of time, thus imbuing the problem of dirty hands with a historicity that is not sufficiently recognized in the more static and action-focused discussions. (shrink)

Natural disasters are social disruptions triggered by physical events. Every year, hundreds of natural disasters occur and tens of thousands of people are killed as a result. I maintain that everyone would want to be provided with assistance in the aftermath a natural disaster. If a national government is not providing post disaster assistance, then we expect that some other institution has the responsibility to provide it. Unfortunately, that is not the case currently. Therefore, in this thesis I argue that (...) in some situations the international community is required to intervene on behalf of those affected by the disaster caused by a natural hazard. Natural disaster intervention is a moral requirement: because the international community has a duty to provide the goods we are entitled to as per the human right to welfare, even in natural disaster scenarios. After making my argument as to why a natural disaster intervention policy should be developed I explain the basic principles of such a policy by applying the Just War criteria to natural disaster scenarios in which a national government is unable or unwilling to provide assistance to its people. (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)

Traditional articulations of the conception of dirty hands, as the doing of wrong in order to do right, invite construals of the issues raised thereby as mired in conceptual confusions and inconsistencies, and moreover as generating unproductive discussions of the scope of the proposed notion itself. The status of the concept of dirty hands is thus precarious, in spite of its provenance in the work of political thinkers such as Machiavelli. This essay articulates one nonparadoxical conception of dirty hands, as (...) the uncomfortable phenomenology of agents authorized to act on behalf of others, when they are called upon to do things that, while morally correct, are also personally or morally distasteful. The key point is that the dirt of action remains on these agents’ hands, even if moral responsibility for the relevant actions should be conceived as falling on the persons in whose name they take the said action. This articulation opens up for investigation questions about the phenomenology of authorized agency, as well as the moral labor involved in leadership and in other contexts of authorized distasteful action. These are questions of social ontology. Here there is important philosophical work that remains to be done. (shrink)

Scholars are increasingly examining how formal leaders of organizations _change_ moral norms. The prominent accounts over-emphasize the role of rational persuasion. We focus, instead, on how formal leaders successfully break and thereby create moral norms. We draw on Dreyfus’s ontology of cultural paradigms and Williams’s moral luck to develop our framework for viewing leader-driven radical norm the change. We argue that formal leaders, embedded in their practices’ grounding, clarifying, and organizing norms, get captivated by anomalies and respond to them by (...) taking moral risks, which, if practically successful, create a new normative order. We illustrate the framework with Churchill’s actions in 1940 and Anita Roddick’s Body Shop. Last, we discuss normative orders, when ordinary leaders change norms, evil, and further research. (shrink)

Dietrich Bonhoeffer's thinking about ethics and Christianity is a fascinating attempt to combine different, and often conflicting, strands in the Christian intellectual tradition. In this article, I outline his thinking, analyse the advantages and disadvantages in his approach, and relate it to developments in contemporary philosophy. His critique of an excessive stress upon principles and abstraction in opposition to a concern for concrete circumstances is, I argue, best seen as a necessary critique of what I call moralism rather than morality. (...) It is also related to recent philosophical theories of particularism and the debates about ‘emergency ethics’ in current philosophy. On the negative side, Bonhoeffer has a tendency to treat non-Christian ethics as necessarily relativist and at times is excessively influenced by the elements in Christian theological tradition that are hostile to the natural and to non-Christian philosophy. In addition, his invocation of ‘the Divine mandates’ seems to have undesirable implications for some genuine values in liberal democratic theory and practice. (shrink)

Doernberg and Truog (2023) present a thoughtful analysis of the ethical tensions that arise from physicians increasingly occupying “multiple roles in healthcare”1 I take no issue with the classific...

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it (...) impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11. (shrink)

H.L.A. Hart’s lost and found essay ‘Discretion’ has provided new insight into the issue of how legal systems can cope with indeterminacy in the law. The so-called ‘open texture’ of law calls for the exercise of judicial discretion, which, I argue, renders judges susceptible to the problem of dirty hands. To show this, I frame the problem as being open to an array of appropriate emotional responses, namely, various senses of guilt. With these responses in mind, I revise an example (...) from Michael Walzer’s original analysis in a way that highlights purely personal sacrifices in solutions to dirty hands situations. I then turn to an account of moral emotions in legal decision-making and show how judges—in failing to advance all interests—might be left with a unique sense of guilt. With an application of this account to Hart’s legal positivism, it can be seen that a judge’s hands are often dirtied in resolving borderline cases. If discretion leaves judges in situations where they must do wrong in order to do right, Hart’s endorsement of a closure view of wrongdoing will lead to difficulties in how he can explain the presence of moral remainders in jurisprudence. (shrink)

BackgroundNormally, physicians understand they have a duty to treat patients, and they perform accordingly consistent with codes of medical practice, standards of care, and inner moral motivation. In the case of COVID-19 pandemic in a developing country such as Bangladesh, however, the fact is that some physicians decline either to report for duty or to treat patients presenting with COVID-19 symptoms. At issue ethically is whether such medical practitioners are to be automatically disciplined for dereliction of duty and gross negligence; (...) or, on the contrary, such physicians may legitimately claim a professional right of autonomous judgment, on the basis of which professional right they may justifiably decline to treat patients.MethodsThis ethical issue is examined with a view to providing some guidance and recommendations, insofar as the conditions of medical practice in an under-resourced country such as Bangladesh are vastly different from medical practice in an industrialized nation such as the USA. The concept of moral dilemma as discussed by philosopher Michael Shaw Perry and philosopher Immanuel Kant’s views on moral appeal to “emergency” are considered pertinent to sorting through the moral conundrum of medical care during pandemic.ResultsOur analysis allows for conditional physician discretion in the decision to treat COVID-19 patients, i.e., in the absence of personal protective equipment (PPE) combined with claim of duty to family. Physicians are nonetheless expected to provide a minimum of initial clinical assessment and stabilization of a patient before initiating transfer of a patient to a “designated” COVID-19 hospital. The latter is to be done in coordination with the national center control room that can assure admission of a patient to a referral hospital prior to ambulance transport.ConclusionsThe presence of a moral dilemma (i.e., conflict of obligations) in the pandemic situation of clinical care requires institutional authorities to exercise tolerance of individual physician moral decision about the duty to care. Hospital or government authority should respond to such decisions without introducing immediate sanction, such as suspension from all clinical duties or termination of licensure, and instead arrange for alternative clinical duties consistent with routine medical care. (shrink)

This article discusses gift authorship, the practice where co-authorship is awarded to a person who has not contributed significantly to the study. From an ethical point of view, gift authorship raises concerns about desert, fairness, honesty and transparency, and its prevalence in research is rightly considered a serious ethical concern. We argue that even though misuse of authorship is always bad, there are instances where accepting requests of gift authorship may nevertheless be the right thing to do. More specifically, we (...) propose that researchers may find themselves in a situation much similar to the problem of dirty hands, which has been frequently discussed in political philosophy and applied ethics. The problem of dirty hands is relevant to what we call hostage authorship, where the researchers include undeserving authors unwillingly, and only because they find it unavoidable in order to accomplish a morally important research goal. (shrink)

The banking sector has been under public scrutiny since the credit crisis of 2007/8, and a range of diagnoses and cures have been offered, particularly in terms of regulatory and financial structures. In the public media, much comment has been made about ethics in the sector, but this has provoked surprisingly little response from academic researchers. This thesis explores the crisis in banking as a moral one, taking Alasdair MacIntyre’s account of virtue ethics as a framework for understanding the careers (...) of Scottish banking leaders. The method used for the study is narrative, and depends both on MacIntyre’s philosophy of tradition-constituted enquiry, and on Hans-Georg Gadamer’s hermeneutics. Conversations were held with ten leaders of Scottish banking whose careers typically span between 25 and 40 years, and the record of those conversations forms the primary data set for the research. The resulting narratives are frank, rich descriptions of deeply felt changes in a particular mode of working life. This was a way of life characterised up until the 1980s by a well-defined status within local communities, professional expertise and a well-ordered tradition. The deregulation of banking and subsequent structural and technological changes to retail banking services eroded that professional tradition, and replaced it with new modes of work dominated by institutional priorities of sales, profit and growth, rather than by an ethic of professional expertise and customer service. The thesis finds that there are structural barriers to the recovery of a professional ethic in banking. It offers new perspectives on the work of Alasdair MacIntyre, particularly in the application of his idea of traditions to mainstream economic activity. It also explores common ground between Gadamer and MacIntyre, proposing ways in which both philosophers can enhance our pursuit of qualitative empirical research. (shrink)