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)

The paper argues that modern political life faces a seemingly irresolvable contradiction. On the one hand, a moral judgement in politics can refer only to the consequences of any policy. On the other hand, in modern society no consequences can be reasonably predicted at the moment a decision is taken. This renders political life unbearable from the moral point of view, because almost any political decision is likely subject to failure in the future. The solution to this dilemma is to (...) understand modern politics as a contract of fallibility, according to which citizens agree to withhold their moral judgements, as long as others do not act as if they assume their own infallibility. The adoption of such a theory might remove the sense of inescapable failure from ethically inclined political actors and emancipate our political discourse from irrational moralistic absolutism. In addition, the contract of fallibility can serve as the most economical justification of modern representative democracy. (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 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)

This article seeks to contest the frequently repeated assertion that anger poses the greatest threat to transitional societies moving from authoritarianism to democracy. Against suggestions that victims of past injustices should forswear their `negative emotions' lest they spark a renewed cycle of violence, it argues that it is important to recognize the moral legitimacy of their anger. While anger is notoriously vulnerable to excess and needs to be moderated in reference to shared norms of reasonableness, it represents an appropriate response (...) to wilful harm and needs to be afforded a central role in any conception of justice. (shrink)

Government refusals to apologise for past wrongful practices such as slavery or the removal of indigenous children from their parents seem evidently unjust. It is surprising, then, that some ethical considerations appear to support such stances. Jacques Derrida's account of forgiveness as entirely independent of apology appears to preclude the need for official apologies. I contend that governments are obligated to apologize for past injustices because they are responsible for them and that official apologies should not involve a corresponding expectation (...) for forgiveness. My argument is that an apology and forgiveness are asymmetrical because an apology is based on respect, a perfect duty, and can be a public act, whereas forgiveness is based on love, is an imperfect duty, and is a personal undertaking. It follows from this asymmetry that an apology is a prerequisite for reconciliation, but forgiveness is discretionary. Refusals to apologize tend to impede the reconciliation process and make the possibility of forgiveness remote. The concept of reconciliation has also been criticized on the grounds that reconciliation implies a former harmony that should be restored and fault on both sides. However, I argue it should be understood as a willingness to work together without a presumption of having overcome the past. (shrink)