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)

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)

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)

Most discussions of the relationship between liberty and security focus on the idea that enhancing citizens’ security may require imposing constraints on their civil liberties. This paper explores the question of how measures to enhance security stand vis à vis the idea of political liberty, i.e. the idea of citizens’ collectively directing the power of their state. It distinguishes two models whereby citizens might enact that ideal of self-rule and argues that with respect to issues of national security, the less (...) direct model, which entrusts political agents to make decisions beyond direct democratic input, will often be more appropriate. It argues as well that various practices often seen as fundamentally at odds with the ideal of rule by the people are in fact consistent with a reasonable construal of that ideal. It concludes by outlining various criteria that would have to be met for such practices to be morally permissible in democratic states. (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)

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’.

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 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)

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)