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 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)

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)

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)

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)

Despite rarely explicitly thematizing the problem of dirty hands, this essay argues that Merleau-Ponty’s political work can nonetheless make some important contributions to the issue, both descriptively and normatively. Although his political writings have been neglected in recent times, his interpretations of Marxism and Machiavelli enabled him to develop an account of political phronesis and virtù that sought to retain the strengths of their respective positions without succumbing to their problems. In the process, he provides grounds for generalizing the problem (...) of “dirty hands” beyond Michael Walzer’s influential understanding that pertains primarily to “emergencies” and singular time-slice actions, and addresses concerns about the coherence of the very idea that there is justified action that one ought to do which remains wrong. Merleau-Ponty does this by emphasizing the diachronic relationship between theoretical principles and concrete political action over a period of time, thus imbuing the problem of dirty hands with a historicity that is not sufficiently recognized in the more static and action-focused discussions. (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)

Research suggests a direct negative relationship between peers’ unethical behavior and employees’ ethical intention. But several possible mechanisms might explain this relationship in more detail. For example, Machiavellianism is a personality trait characterized by interpersonal manipulation and the use of unethical means to achieve certain self‐interested ends, whether useful or pleasant. This article adopts an Aristotelian understanding of philia, related to three goods on which human relationships rest: useful, pleasant, and honest. We propose that Machiavellianism, a self‐interested, pragmatic personality orientation, (...) might explicate the relationship between peers’ unethical behavior and ethical intention. The results of a structural equation model applied to a sample of 436 banking employees in Spain reveals that Machiavellianism partially mediates the relationship between peers’ unethical behavior and employees’ ethical intention. We also find that with a greater level of peers’ unethical behavior, the negative effect of Machiavellianism on ethical intention increases, and that when peers’ unethical behavior is nonexistent, the negative effect of Machiavellianism on ethical intention disappears. These findings advance current literature by revealing that unethical peers can indirectly influence ethical intention, through shaping Machiavellianism. Our study is also the first to show that pairing high Machiavellians with ethical peers can help to cancel out the negative influence of Machiavellianism on ethical intention. (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)

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)

Declining levels of political trust and voter turnout, the shift towards populist politics marked by appeals to ‘the people’ and a rejection of ‘politics-as-usual’, are just some of the commonly cited manifestations of our culture of political disaffection. Democratic politics, it is argued, is in crisis. Whilst considerable energy has been expended on the task of lamenting the status of our politics and pondering over recommendations to tackle this perceived crisis, amid this raft of complaints and solutions lurks confusion. This (...) paper seeks to explore the neglected question of what the precise nature of the crisis with which we are confronted involves, and, in so doing, to go some way towards untangling our confusion. Taking my cue from Machiavelli and his value-pluralist heirs, I argue that there is a rift between a morally admirable and a virtuous political life. Failure to appreciate this possibility causes narrations of crisis to misconstrue the moral messiness of politics in ways that lead us to misunderstand how we should respond to disenchantment. Specifically, I suggest that: we think that there is a moral crisis in politics because we have an unsatisfactorily idealistic understanding of political integrity in the first place; and it is a mistake to imagine that the moral purification of politics is possible or desirable. Put simply, our crisis is not moral per se but primarily philosophical in nature: it relates to the very concepts we employ—the qualities of character and context we presuppose whilst pondering over political integrity. (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)

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’.