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)

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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)

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures cannot be (...) contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)

The principle of non-maleficence, primum non nocere, has deep roots in the history of moral philosophy, being endorsed by John Stuart Mill, W. D. Ross, H. L. A. Hart, Karl Popper and Bernard Gert. And yet, this principle is virtually absent from current debates on social justice. This article suggests that non-maleficence is more than a moral principle; it is also a principle of social justice. Part I looks at the origins of non-maleficence as a principle of ethics, and medical (...) ethics in particular. Part II introduces the idea of non-maleficence as a principle of social justice. Parts III and IV define the principle of justice as non-maleficence in terms of its scope and coherence, while Part V argues that the motivation of not doing harm makes this principle an alternative to two well-established paradigms in the literature on social justice: justice as mutual advantage (David Gauthier) and justice as impartiality (Brian Barry). (shrink)

The reception of Stuart Hampshire's political philosophy has been remarkably subdued and negative. His defence of procedural justice has been roundly rejected as logically incoherent and his conclusions have been dismissed as unduly pessimistic and inconsequential. But the critics are guilty of a quite fundamental misapprehension of Hampshire's enterprise. Properly understood, his defence of procedural justice is entirely coherent. Moreover, Hampshire provides an extremely rich and distinctive account of the place of conflict in human life that has potentially dramatic and (...) far-reaching implications for the discipline of political theory. This account forms the radical core of Hampshire's originality, an originality that is consistently neglected by his opponents. (shrink)

This paper centres on the question as to whether human rights can be reconciled with patriotism. It lays out the more conventional arguments which perceive them as incommensurable concepts. A central aspect of this incommensurability relates to the close historical tie between patriotism and the state. One further dimension of this argument is then articulated, namely, the contention that patriotism is an explicitly political concept. The implicit antagonism between, on the one hand, the state, politics and patriotism, and, on the (...) other hand, human rights, is illustrated via the work of Carl Schmitt. However, in the last few decades there has been a resurgence of interest in patriotism and an attempt to formulate a more moderate form, which tries to reconcile itself with universal ethical themes. Some of these arguments are briefly summarised; the discussion then focuses on Jürgen Habermas’s understanding of constitutional patriotism. This is seen to provide an effective response to Schmitt’s arguments. There are weaknesses in the constitutional patriotic argument which relate to its limited understanding of both the state and politics. This leads me to formulate my own argument for “unpatriotic patriotism.” The discussion then examines and responds to certain potential criticisms of this argument. (shrink)

This article discusses a procedural, minimalist approach to justice in terms of fair hearing applicable to value conflicts at impasse in politics. This approach may be summarized in the Adversary Argumentation Principle (AAP): the idea that each side in a conflict should be heard. I engage with Stuart Hampshire’s efforts to justify the AAP and argue that those efforts have failed to provide normatively cogent foundations for it. I suggest deriving such foundations from a basic idea of procedural equality (all (...) parties in a conflict should be granted an equal chance to have a say) which all conflicting parties could be thought to endorse. But what happens once all parties have been heard if no agreement is reached? Borrowing a distinction well known to scholars of peace studies, but surprisingly neglected by justice-driven political philosophers, I claim that although the AAP might be inconclusive with regard to resolving a conflict, it is a promising principle for managing value conflicts justly. The AAP is thus considered anew through the lens of conflict management: as a principle of justice to characterize normatively the way conflicting parties should interact for their interaction to be morally justifiable to such parties with a view to changing antagonistic conflict dynamics into cooperative ones. (shrink)

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

I processi di transizione post-conflitto pongono questioni prominenti per l’agenda politica globale. Si pensi, per esempio, alla transizione democratica in Sud Africa dopo la fine dell’Apartheid o alla ricostruzione politica dei paesi facenti parte dell’ex-Jugoslavia all’indomani delle guerre dei Balcani. Quali principi normativi dovrebbero informare tali processi? Questa domanda è al cuore del crescente dibattito sulla “giustizia transizionale”. Questo dibattito si è concentrato principalmente sulla rettificazione delle ingiustizie occorse a causa dei torti perpetrati e subiti dalle parti coinvolte. Di conseguenza, (...) la giustizia è stata tipicamente concepita come una proprietà di esiti distributivi di diritti e opportunità. I processi di transizione post-conflitto sono giusti nella misura in cui sono in grado di condurre a tali esiti. Un simile approccio orientato agli esiti è capace di rendere conto di dimensioni morali, animate da preoccupazioni di giustizia e/o pacificazione, che dovrebbero certamente figurare nella caratterizzazione e valutazione normativa dei processi di transizione. Tuttavia, esso rischia di perdere di vista un’altra dimensione egualmente rilevante che riguarda le qualità inerenti ai processi di transizione stessi. Per illuminare questa dimensione, vorrei portare l’attenzione su di una diversa idea di giustizia che riguarda le proprietà inerenti alle interazioni tra persone; la giustizia nelle interazioni. La tesi che sosterrò è che le procedure costitutive dei processi di transizione post-conflitto non dovrebbero essere disegnate con la sola o prioritaria preoccupazione di condurre le parti a un consenso o compromesso su di un accordo capace di rettificare le ingiustizie perpetrate e subite. È anche necessario che questi processi siano strutturati in modo da consentire alle parti di reinterpretare il loro conflitto come un problema condiviso, che richiede l’instaurazione di dinamiche d’interazione cooperative capaci di realizzare forme di trattamento inerentemente giuste delle loro pretese reciproche. (shrink)

Realists criticise the moralised approaches that inform ideal political theory for being unable to handle the brute facts of disagreement that constitute political reality. As a result, such approaches are insufficiently political, too ambitious in terms of the substantive unanimity that can be expected to emerge from political differences, and naive in the proposals they make. In this paper, I use Brian Barry’s ‘moralised‘ approach – as developed in ’Justice as Impartiality’ – to argue that ideal theory can be reformulated (...) to make it capable not only of responding to realist criticisms, but of offering a moralised approach to politics that has significant realist pedigree. As an instance of this pedigree, I argue thus understood, ideal theory can provide us the tools to distinguish between the making of compromises and the acceptance of capitulation and thereby contribute to an understanding of our political worlds. (shrink)

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

A central aspiration of the ‘Britishness’ agenda in UK politics is to promote community through the teaching of British values in schools. The agenda’s justification depends in part on the suppositions that harmony arising from agreement on certain values is a necessary condition of social health and that conflict arising from pluralism connotes a form of dysfunction in social life. These perceptions of harmony and conflict are traceable to the ancient Greeks. Plato used the device of the soul-city analogy to (...) provide a form of independent justification for his favoured model of community according to which harmony was essential. However, the soul-city analogy involves an intellectual sleight-of-hand. The idea that conflict connotes a defect in social life, which continues to haunt contemporary debates about community and values education, is the vestige of an ancient aristocratic ideology and we must learn to see it as such. There is no more reason to accept the Platonist portrayal of the place of conflict in social life than there is to accept a diametrically opposed Heraclitean account, which interprets harmony as the central threat to social flourishing. The implications of this ancient dispute for modern education are considerable: there is nothing natural or inevitable about the association of conflict with social dysfunction that partly supports the Britishness agenda; it is a political prejudice. Coming to see it as such will reveal new pathways to belonging and new ways of understanding the role of education in fostering the good society. (shrink)

The following paper investigates the possibility of an account of cosmopolitan thought inspired by Hegel's treatment of Kant's ethical theory and his associated social concept of recognition. Cosmopolitanism requires the agent to recognize themself as a global agent participating in a shared community, but conventional political strategies do not possess the resources to satisfy this demand for self-understanding. Such a self-understanding is enabled by the objective freedom of a common shared humanity grounded in rational self-determination. The paper shows that it (...) is possible to extrapolate Hegel's outline of the state in the Philosophy of Right to describe a global community coherent with such a subject. (shrink)

The accusation that contemporary political philosophy is carried out in too ahistorical a fashion depends upon it being possible for historical facts to ground normative political principles. This they cannot do. Each of the seven ways in which it might be thought possible for them to do so fails for one or more of four reasons: History yields no timeless set of universal moral values; it displays no convergence upon such a set; it reveals no univocal moral or cultural context (...) in the present; the failure of an ethical tradition to successfully respond to criticism over a long period of time is no guarantee of its inability to do so. Because historical critiques of contemporary normative thought rely upon one or more of these things holding true, they are, as a class of arguments, to be rejected. (shrink)

Current sentencing practice in England and Wales is incoherent. This stems from the combination of conflicting philosophies of punishment, with no clear method adopted by sentencers in choosing between them. This presents a significant challenge as sentencing can have a profound impact on an offender’s life, as well as having wider implications for family members. Therefore, a coherent decision-making process is essential in order to limit arbitrary sentencing and support the legitimacy of the penal system. This thesis argues that Restorative (...) Justice might offer a more coherent decision-making process. Restorative Justice is hypothesised to operate as a kind of mediation process between the philosophies of punishment and understandings of justice held by participants. Their voluntarily agreed outcome should therefore represent the best possible compromise between participants’ ideas of justice and philosophies of punishment. Analysis of existing empirical research has been undertaken, involving the examination of existing studies of Restorative Justice in Northern Ireland, England and Wales, Australia and New Zealand. This empirical research has explored problems which can arise in practice for the theoretical conception of Restorative Justice as a mediation process between ideas. The thesis concludes that Restorative Justice can in theory offer a more coherent process of sentencing, but that there are a number of obstacles to realising this in practice. (shrink)