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)

The experience of ‘moral distress’ is an increasing focal point of contemporary medical and bioethics literature, yet it has received little attention in discussions intersecting with ethical theory. This is unfortunate, as it seems that the peculiar phenomenon may well help us to better understand a number of issues bearing both practical and theoretical significance. In this article, I provide a robust psychological profile of moral distress in order to shed a newfound light upon the longstanding problem of ‘dirty hands’. (...) I argue that moral distress offers evidence of the existence of dirty hands situations. By examining moral distress and its relationship to cases of dirty hands, it appears that few of us are completely immune to susceptibility to these sorts of troubling experiences. With this concern in mind, I provide various recommendations to help alleviate our morally distressing personal and professional lives. (shrink)

This paper argues that the dirty hands literature has overlooked a crucial distinction in neglecting to discuss explicitly the issue of, what I call, symmetry. This is the question of whether, once we are confronted with a dirty hands situation, we could emerge with our hands clean depending on the action we choose. A position that argues that we can keep our hands clean I call “asymmetrical” and one that says that we will get our hands dirty no matter what (...) we do I call “symmetrical”. Not acknowledging this distinction is a problem because, firstly, it adds to the existing confusions about how best to define what dirty hands are. Secondly, it prevents the concept of dirty hands from being applied properly to other contexts such as, for example, the responsibility and accountability of politicians. I argue that we have good reason to favour a symmetrical understanding because it gives a more convincing account of what makes an action dirty and because it more accurately captures our complex moral decision-making when faced with dirty hands situations. The paper concludes by outlining possible implications that the distinction between the symmetry view and the asymmetry view has on wider debates surrounding the problem of dirty hands. (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)

A number of Christian theologians and philosophers have been critical of overly moralizing approaches to the doctrine of sin, but nearly all Christian thinkers maintain that moral fault is necessary or sufficient for sin to obtain. Call this the “Moral Consensus.” I begin by clarifying the relevance of impurities to the biblical cataloguing of sins. I then present four extensional problems for the Moral Consensus on sin, based on the biblical catalogue of sins: (1) moral over-demandingness, (2) agential unfairness, (3) (...) moral repugnance, and (4) moral atrocity. Next, I survey several partial solutions to these problems, suggested by the recent philosophical literature. Then I evaluate two largely unexplored solutions: (a) genuine sin dilemmas and (b) defeasible sinfulness. I argue that (a) creates more problems than it solves and that, while (b) is well-motivated and solves or eases each of the above problems, (b) leaves many biblical ordinances about sin morally misleading, creating (5) a pedagogical problem of evil. I conclude by arguing that (5) places hefty explanatory burdens on those who would appeal to (b) to resolve the four extensional problems discussed in this paper. So Christian thinkers may need to consider a more radical separation of sin and moral fault. (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)