The problem of dirty hands is, roughly speaking, concerned with situations in which an agent is faced with a choice between two evils so that, no matter what they do, they will have to violate something of important moral value. Theorists have been primarily concerned with dirty hands choices arising in politics because they are thought to be particularly frequent and pressing in this sphere. Much of the subsequent discussion in the literature has focused on the impact that such choices (...) have on a well-functioning democracy and how, if at all, we can ensure that a politician dirtying their hands does not undermine core democratic values and processes. A particular concern has been whether dirty-handed politicians ought to publicly reveal their actions after the fact and whether they should be held accountable through some form of punishment. The first aim of this paper is to point out that the focus on what is required in the wake of a dirty-handed decision, based on the need to protect the democratic system ought to be balanced with a genuine concern for reparative justice and what is owed to the victims of dirty hands. In the second part of this paper, I then examine the suitability of one common way in which perpetrators partly repair the damage they have done to victims, namely apologizing, in the dirty hands context. (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)

I argue for a novel understanding of the nature of agent-regret. On the standard picture, agent-regret involves regretting the result of one’s action and thus regretting one’s action. I argue that the standard picture is a flawed analysis of agent-regret. I offer several cases of agent-regret where the agent feels agent-regret but does not regret the result itself. I appeal to other cases where an agent’s attitude towards something depends upon whether or not they are involved in that thing. I (...) argue that the same applies to actions: sometimes an agent’s attitude towards a result differs from their attitude to their involvement in bringing about that result. Agent-regret is regret about my own action, but it need not involve regret about something in the world. I end by considering how this picture of agent-regret allows us to respond to a particular criticism of agent-regret. (shrink)

According to one understanding of the problem of dirty hands, every case of dirty hands is an instance of moral conflict, but not every instance of moral conflict is a case of dirty hands. So, what sets the two apart? The dirty hands literature has offered widely different answers to this question but there has been relatively little discussion about their relative merits as well as challenges. In this paper I evaluate these different accounts by making clear which understanding of (...) concept distinctness underlies them and which of them is, ultimately, the most plausible one in the case of dirty hands and ordinary moral conflict. In order to do so, I will borrow from the terminology employed in recent debates in the philosophy of evil which have tackled a similar problem to the one at hand, i.e. defining what sets evil apart from ordinary wrongdoing. Here it has been argued that concepts could be distinct in three ways: they can have a quantitative difference, a strong qualitative or a moderate qualitative difference. I conclude that the most convincing definition of dirty hands draws a moderate qualitative distinction between ordinary moral conflict according to which dirty hands are those moral conflicts that involve a serious violation or betrayal of a core moral value. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

In this article, I firstly discuss the person-affecting view of harm, distinguishing between the liability and the structural models of responsibility, and also explaining why it is unsatisfactory, from a moral point of view, to interpret a given harm as a loss with respect to a diachronic baseline. Then, I take sweatshops as an example and I entertain two further issues that are related to the assessment of harm and that are necessary for operationalising a comprehensive model of responsibility, that (...) takes into account both liability and structural injustice. The first one is how to interpret harm when it is coexistent with a diachronic benefit and/or the parties involved in the social structures leading to harm seek to unload their responsibility by hiding behind a cooperative deadlock. The second one is how far along the chain of actions leading to harm can structural responsibility be extended. (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 presents a new way of thinking about the relationship between humans and the nonhuman animals in their care. Most ethical analysis of the treatment of nonhuman animals has focussed on questions of moral status, justice, and the wrongness of harming them. This paper does something different, it examines the role played by trust in interspecies relationships. In both agriculture and laboratory settings, humans deliberately foster trusting relationships with nonhuman animals. An intrinsic feature of the trusting relationship in these (...) settings is that it is created in order to be exploited and betrayed. However, little consideration has been given to asking what a deliberate betrayal of another species says about the character of those who carry out the betrayals. This paper argues that regardless of the moral status of nonhuman animals, a willingness to foster trust in order to exploit the vulnerability of a nonhuman suggests a serious character flaw. Our failure thus far to apprehend systematic forms of betrayal indicates a moral blind-spot when it comes to other species. (shrink)

Moral injury describes the effects of violence on veterans beyond what trauma discourse can describe. I put moral injury in conversation with a separate but related concept, dirty hands. Focusing on Michael Walzer's framing of dirty hands and Jonathan Shay's understanding of moral injury, I argue that moral injury can be seen as part of the dirt of a political leader's dirty hands decisions. Such comparison can focus more attention on the broader institutional context in which such dirty hands decisions (...) are executed, while contributing to the growing vocabulary of moral conflict, trauma, and harm. (shrink)

Agent-regret seems to give rise to a philosophical puzzle. If we grant that we are not morally responsible for consequences outside our control (the ‘Standard View’), then agent-regret—which involves self-reproach and a desire to make amends for consequences outside one’s control—appears rationally indefensible. But despite its apparent indefensibility, agent-regret still seems like a reasonable response to bad moral luck. I argue here that the puzzle can be resolved if we appreciate the role that agent-regret plays in a larger social practice (...) that helps us deal with bad moral luck. That agent-regret is a component in a social practice limits the questions that we can reasonably ask about it. While we can ask whether an experience of agent-regret is rational given the norms of this practice, we cannot ask the question that motivates the puzzle of agent-regret, viz. whether agent-regret is rationally defensible according to the Standard View. (shrink)

The social and legal practices of blaming, praising, punishing and rewarding are inextricably linked with the process of ‘holding responsible’. Blame, praise, and the like exist as means of holding agents to account that is distinct from, but reliant upon, attributions of responsible agency. When claims of accountability are made without access to an underlying shared attribution of responsibility, the communicative role of accountability is undermined. Disagreement over blame and praise is reduced to disparity: able to hear only that something (...) is a bad or good thing, we are left unable to understand what the bad thing is, or why it is bad. Responsibility as we employ it offers the basis for our evaluations of agents. However, conceptions of responsibility that focus on agent capacities, namely control and rationality, fail to give responsibility a meaning capable of fulfilling this purpose. The retrospective responsibility of agents for events does not result from the capacities of those agents. It is at.. (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)

On Michael Walzer's influential account, "dirty hands" characterizes the political leader's choice between absolutist moral demands (to abstain from torture) and consequentialist political reasoning (to do what is necessary to prevent the loss of innocent lives). The impulse to torture a "ticking bomb terrorist" is therefore at least partly pragmatic, straining against morality, while the desire to uphold a ban on torture is purely and properly a moral one. I challenge this Machiavellian view by reinterpreting the dilemma in the framework (...) of the Humean theory of justice and moral sentiment. By interpreting the ticking bomb scenario as a dramatic narrative, I argue that it appeals to properly moral sensibilities, which speak in favour of the use of force against the terrorist. The absolute ban on torture, by contrast, is an artificial virtue and a product of political prudence. On this account, the ticking bomb terrorist dilemma therefore imposes a different burden on the political leader from Walzer's version: an ethic of political responsibility demands that the political leader be prepared to sacrifice her moral soul by upholding the law against moral but politically imprudent demands to break it; while the ticking bomb romance appeals to her feelings of compassionate moral concern towards particular individuals. She dirties her hands morally, not by authorizing torture, but by allowing the terrorist's bomb to detonate and take the lives of the innocent. (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)

Many investigations of moral decision-making employ hypothetical scenarios in which each participant has to choose between two options. One option is usually deemed “utilitarian” and the other either “non-utilitarian” or “deontological”. Very little has been done to establish the validity of such measures. It is unclear what they measure, let alone how well they do so. In this exploratory study, participants were asked about the reasons for their decisions in six hypothetical scenarios. Various concerns contributed to each decision. Action decisions (...) occurred when utilitarian concerns dominated. Bystanding decisions resulted from different concerns or combinations of concerns dominating in different situations, with utilitarianism usually among participants’ concerns. None of the labels usually used for either decision therefore seems entirely appropriate. Five concerns were identified as necessary and sufficient to predict over 85% of participants’ decisions. This suggests great promise for future research, particularly in investigation of real-world moral decisions. (shrink)

This essay locates the problem of dirty hands within virtue ethics – specifically Alasdair MacIntyre’s neo-Aristotelian thesis in After Virtue. It demonstrates that, contra contemporary expositions of this problem, MacIntyre’s thesis provides us with a more nuanced account of tragedy and DH in ordinary life, in its conventional understanding as a stark, rare and momentary conflict in which moral wrongdoing is inescapable. The essay then utilizes elements from MacIntyre’s thesis as a theoretical premise for Machiavelli’s thought so as to set (...) the foundations for a nascent but richer framework of DH in politics and move beyond the standard, ‘static’ conceptualization of the problem within this context. In developing a dynamic account of DH, I conceive of politics as a distinct practice and way of life, with its own demands and standards of excellence, and draw on Machiavelli’s thought to sketch some of these. The dynamic account uncovers an inexhaustible tension between two ways of life, each with its own demands and standards of excellence: a virtuous politician should become partially vicious and no longer innocent. Understood in dynamic terms, DH in politics involves a paradox of character, not just a paradox of action as the standard, ‘static’ DH thesis suggests. (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)

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)

This paper argues that the reason why political leadership often involves dirty hands is because of its relationship with violence. To make the case, it maintains that violent means create and assert a form of dominating power that is in tension with the proper ends of political action. This power casts a wide shadow, frequently dominating large numbers of non-targets and empowering unscrupulous agents. On the other side of the balance, characteristically political justifications for violence are ‘supra-moral,’ meaning that they (...) are motivated by the value of a conception of morality taken as a whole (or, indeed, morality as such) rather than by any particular moral value. The weight that ought to be given to such ends is indeterminate in a way that makes uncancelled remainders arising from the evil of violence likely in many cases. (shrink)

Michael Walzer’s foundational essay on dirty hands raises the very possibility of a good person in politics. Dilemmas in the context of high stakes situations sometimes require politicians to compromise their morality and character for the sake of the greater good by choosing the lesser evil. Much has been written about dirty hands, but little has been said about Walzer’s implicit virtue ethics. This essay sketches this implicit virtue ethics, which is central to Walzer’s argument. These are “dirty” virtues, however, (...) that allow one to choose the lesser evil in a dilemma while recognizing that, although evil was mitigated, and some degree of good achieved, wrong done is still wrong done. For this to work, Walzer argues the politician must be and feel guilty, making this an odd virtue ethics that requires a degree of suffering from the politician. The essay further develops this notion of dirty virtue through comparison with Lisa Tessman’s “burdened virtue,” arguing at the end that the guilt and instrumental suffering, which are so central to Walzer’s virtue ethic, may be more corrosive to practical reasoning and character than Walzer allows for. (shrink)

El artículo defiende que los compromisos son tanto un tipo de acuerdo como un tipo de decisión. Los principales objetivos son: 1) identificar la estructura formal de las situaciones de compromiso en las que alguna decisión de compromiso es inevitable, incluyendo CDs que ponen en riesgo la integridad del decisor; 2) mediante las nociones de juicio básico y compulsivo propuestas por Amartya Sen, establecer cuándo una CD en una situación de compromiso podría estar moralmente justificada. Se concluye que las CDs (...) justificadas implican una contrición moral que ayuda a salvar la distancia entre deontología y consecuencialismo. (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 chapter introduces the Special Issue and offers an overview of the corpus of work on the topic since the publication of Michael Walzer’s seminal article, ‘Political Action: The Problem of Dirty Hands’.

The claim that democratic politics is the art of compromise is a platitude but we seem allergic to compromise in politics when it happens. This essay explores this paradox. Taking my cue from Machiavelli’s claim that there exists a rift between a morally admirable and a virtuous political life, I argue that: a ‘compromising disposition’ is an ambiguous virtue—something which is politically expedient but not necessarily morally admirable; whilst uncongenial to moral integrity, a ‘compromising disposition’ constitutes an essential aspect of (...) political integrity. In so doing, I question certain moralistic assumptions which fuel contemporary vilifications of compromise—that, in theory, democratic politics should be inhospitable to compromise and that political integrity should be akin to moral integrity—and which are shared by Walzer’s Dirty Hands thesis which professes to be sensitive to the realities of politics. These assumptions displace the complex realities of politics and misconstrue the standards of political excellence; they unsatisfactorily idealize political integrity and the messy context in which democratic politicians operate—a context characterized by a plurality of incompatible traditions, each with its own values and principles. Whilst commitment to a set of principles stemming from one’s tradition or pre-election promises implies commitment to realize these, leading a virtuous political life amidst such a grubby domain often requires abandoning some of these. An innocent, all-or-nothing pursuit of one’s principles in politics might prompt political disaster or defeat: an uncompromising disposition entails the entire abandonment of any hope of realizing all of those principles. (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)

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)

This paper argues that ‘dirty hands’ (DH) scenarios, where an agent is forced to do wrong in order to do right, are conceptually coherent. The charge of incoherence is a widespread and common criticism made by deontologists and consequentialists alike. They argue that DH theorists erroneously assume the existence of real moral dilemmas and then compound this error by claiming that it is possible to engage in justified moral wrongdoing. However, such critics argue that there are only _prima facie_ moral (...) dilemmas and hence it is not only irrational and obtuse to argue for DH scenarios, but also undermines our search for sound moral judgments in very difficult situations. Given the gravity of these charges, surprisingly little has been written in defence of DH as a coherent and necessary part of our moral vocabulary. If there can be no successful defence of the possibility of DH, then all talk of such scenarios become futile. This paper responds to two influential and what initially appear to be strongly plausible arguments used by critics of DH. I call these the ‘Arguments from Deontic Logic’ and the ‘All-Things-Considered Argument’. I present three responses which seek to raise serious doubts about their efficacy. I then support the possibility of DH by exploring what we can learn about our moral reality from the moral emotion of ‘tragic remorse’. This approach endorses the role of emotions in determining moral knowledge. It also rejects the view that ethical theories ought to dismiss DH experiences as incoherent in favour of questionable theoretical a priori assumptions, which seek a reductionist account of our moral reality. (shrink)

In this paper it is argued that moral distress is an emotional response to an ethical dilemma, and that to date, the literature has largely failed to address the fundamental questions that need to be answered in response to this emotional response. Firstly, does moral distress accurately identify a wrong being done to patients? Secondly, if it does, can nurses carry out this ‘wrong doing’, but not be responsible for the consequences of their actions? A narrative that reflects the emotional (...) nature of moral distress is presented, with the aim of providing some answers to these questions. (shrink)

Focusing on the contemporary US context, this article examines the ethical quandaries raised by partisan gerrymandering, where constituency boundaries are manipulated for electoral benefit. More specifically, it will examine the ethics of retaliatory gerrymandering. Though gerrymandering cannot be defended as a political practice by any agent who assigns intrinsic value to democracy, it might be justified as a ‘dirty hands’ (DH) practice, where it is all-things-considered justified as a lesser evil that still leaves a moral residue. However, it does not (...) work as a standard DH problem, as the stakes of gerrymandering are usually less extreme and the causes more structural, making the usual language of DH a poor fit. The core moral intuition behind DH, of doing wrong to do right, is still appropriate, but is best understood within the context of retaliation. When others set the terms of the competition to make a practice such as gerrymandering essential for political victory, a proportionate use of these practices might be necessary to compete. (shrink)