Any good ethical theory aspires to provide as comprehensive a guide to moral value and motivation as possible. Within modern moral philosophy, conceptions of moral value have been dominated largely by considerations of justice and concerns for the common good, and moral shortcomings have been accounted for primarily by appeal to ignorance, weakness, indifference or outright hostility to moral values. Yet the ways in which we fall short are far more complicated. By discussing one interesting example here, I hope to (...) provide some support for the claim that our conceptions of moral value and motivation need enrichment. In making my case, I utilize a character who is more like a caricature than a figure from ordinary life. This touch of hyperbole is deliberate. Reflect for a moment on the function of a good cartoon caricature. By exaggerating physical features, it draws our attention to characteristics that go unnoticed in their normal context. Whereas cartoon caricatures aim at amusement, my goal is to distil some of our perceptions of moral excellence. (shrink)

Theodore Sider has argued that while there are some philosophical debates about which there is no fact of the matter, debates in normative ethics are likely not among them. This essay investigates a possible counterexample: the debate about so-called dirty hands. The essay first surveys several cases where No-Fact-of-the-Matter (NFM) claims have been made. Taking its cue from these cases, it then outlines two strategies that factualists about some domain can take, as well as two non-factualist counter strategies. Next, it (...) shows how an NFM claim can be defended for the debate about dirty hands. Finally, it argues that this NFM claim is at least as, if not more, plausible for normative ethics as it is for the other instances where NFM claims have been made. (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)