Professional Documents
Culture Documents
Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at
http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless
you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you
may use content in the JSTOR archive only for your personal, non-commercial use.
Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at
http://www.jstor.org/action/showPublisher?publisherCode=cpsa.
Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed
page of such transmission.
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of
content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms
of scholarship. For more information about JSTOR, please contact support@jstor.org.
Canadian Political Science Association and Société québécoise de science politique are collaborating with
JSTOR to digitize, preserve and extend access to Canadian Journal of Political Science / Revue canadienne de
science politique.
http://www.jstor.org
The Problemof Dirty Handsin Politics:
Peace in the VegetableTrade*
Canadian Journal of Political Science / Revue canadienne de science politique, XXVIII:3 (September/sep-
tembre 1995). Printed in Canada / Imprime au Canada
480 S. L. SUTHERLAND
These are Sartre's words, but, I argue, they are not a distillation of
the message of his play, which is really about the inevitable sequel to a
daring "political" act, that is, retrospective political and social judg-
ment. Likewise, I hold, if there are important lessons about politics em-
bedded in dirty hands or realist problematics, they are more likely to be
found in the fifth act than in the first, that is, well after the initial execu-
tive acts, or first round of decisions.
This article is constructed in two parts. The first explores, through
the definitional features of the dirty hands perspective, whether it is pos-
sible to sustain the claim that it reveals a moral compromise at the heart
of political action. The second part argues that it is important to study
dirty hands episodes for what we can learn about the capacity of our po-
litical structures to conduct thorough-going retrospective discussions
about conduct in politics and public life, and to hold political actors to
account for the impact of their actions upon the quality of process in col-
lective life. By "process" I mean of course that public business is con-
ducted under the rule of law, but also, more generally, that it is con-
ducted with respect for deliberation and disclosure. The features of the
classical dirty hands problem that are isolated and challenged are the
following: (1) that the political actor must be pressured into acting on
consequentialist reasoning in the context of a psychologically compel-
ling narrative frame; (2) that he3 must then be judged as an individual in
the context of a deontological ethics; (3) that the exploration of the
modelled or schematic dirty hands situation captures the important as-
pects, or the heart, of politics; and (4) that the moral importance of the
political gesture is somehow directly expressed in, or is inherent to, the
act itself. This latter understanding is challenged through the dynamic
argument of Les mains sales.
2 Jean-Paul Sartre, Les mains sales (Paris: Gallimard, 1948), 104. A free translation
might be as follows: "How fond you are of your purity! How afraidyou are to
dirtyyour hands.... Purityis an idea for holy men. The rest of you, you intellectu-
als, middle-class anarchists,you use it as a pretextfor doing nothing:to do noth-
ing, to rest immobile, to hold your elbows in close to your body, to wear gloves.
Me, I have dirty hands.Up to the elbows. I plunged them into shit andblood. And
what of it? Do you imagine thatone can govern innocently?"Hoedereralso says,
more succinctly, "Tousles moyens sont bons quandils sont efficaces" (193).
3 The masculinepronounsare used because the dirty hands problem is historically
gendered,making the use of "she" anachronisticor at the least, so counterstereo-
typical as to suggest an unintendedirony. The masculine pronoun is also much
more faithful to the typical extension of ideas of masculinephysical prowess and
the aestheticof heavy physical effort to the (male) leader's oneroustask of strate-
gizing and planning-probably to lend charismafor the followers. Thus male ex-
ecutives can be portrayedas sweating while only thinking, while this would seem
quite odd in the case of a woman.
Abstract. Most treatmentsof the problem of dirty hands in politics assume that
merely holding a position of greatpolitical power will requirea political actorto violate
importantmoral standards.They assume thatthe successful political leadermust inevi-
tably be morallycorruptedby the iniquitouschoices thatmust inevitablybe made, and,
further,thatthis casts a shadowupon political life as a moralenterprise.This article ar-
gues, instead, that the conventionaldirty hands problem is not particularlysignificant
and that a much more serious test of the moralquality of public life in a given polity is
how it makesits arrangementsfor formalpublic retrospectionupon andjudgment of the
inevitable episodes of unwise, intemperateor immoral political action by leaders. In
short, it is the deliberatecorruptionof democracythat should attractour scrutiny, not
the conditionof the soul of the supra-ethicalor maverickleader.
Resume. La plupartdes analyses surle problemedes <<mains sales >>en politique pos-
tulent generalementl'exigence de la transgressiondes normes moralesparceux qui de-
tiennentd'importantespositions d'autoritdpolitique. Ces analyses pretendentque pour
reussir,l'acteurpolitiquedoit fairedes choix iniques qui corrompentin6vitablementsur
le plan moral,ce qui auraitpoureffet de donnerun caractereamorala la vie politique en
gen6ral.Cet article remet en question l'importancedu probleme des <<mains sales > et
soutient plutot qu'une fa9on beaucoupplus significative d'examiner la qualite morale
de la vie politique d'une societe donnee, est de voir commentelle organiseles processus
de revision lui permettantde discuter et de juger les actes moralementrefractaires
commis episodiquementpar ses leaderspolitiques. En bref, c'est l'effet sur la democra-
tie des actes <supra-ethiques>>du leader qui doit etre scrut6par le public, et non pas
l'effet de ses gestes sur son ame.
The second part of the article is built on three main ideas; Dennis
Thompson's concept of mediated corruption, which holds that strate-
gies to evade the deliberative phases of decision and the judgment of re-
trospective deliberation are to be seen as offences against the political
system itself;4 David Braybrooke and Charles E. Lindblom's persistent
and evolving image of policy making as an ongoing exploratory, reme-
dial and serial activity, more or less systematic;5 and some of my own
notions about how particular representative institutions are more or less
apt in the task of configuring and conducting a retrospective cycle of
concentrated deliberation to weigh the earlier acts of the executive. The
importance of the retrospective phase is that it enables the public delib-
erating in hindsight to be thoughtfully remedial (and even directly cor-
rective) in respect to the quality of process and of political conduct ex-
pected of officials as well as in respect to identifying desirable substan-
tial or policy changes. The usefulness of this perspective, which em-
phasizes deliberation, systematic retrospection and remediation, is in-
vestigated in four examples: Hollis' discussion of the sacrifice of Cov-
4 Dennis F. Thompson, "Mediated Corruption:The Case of the Keating Five,"
AmericanPolitical Science Review87 (1993), 369-81.
5 David Braybrooke,TrafficCongestionGoes Throughthe Issue Machine (London:
Routledge and Kegan Paul, 1974); David Braybrookeand CharlesE. Lindblom,
A Strategy of Decision: Policy Evaluation as a Social Process (New York:Free
Press of Glencoe, 1963); Charles E. Lindblom and David K. Cohen, Usable
Knowledge:Social Science and Social Problem Solving (New Haven: Yale Uni-
versity Press, 1979); andDavid Braybrooke,Bryson Brown and Peter K. Schotch,
Logic on the Trackof Social Change (Oxford: ClarendonLibraryof Logic and
Philosophy,forthcoming).
482 S. L.SUTHERLAND
what to do if one should meet a guerrilla leader who stipulates that if one
will personally slay just one small peasant he will spare the rest of the
otherwise-doomed group; and whether, as a leader of a country in civil
war, one ought personally to order that a captured opponent be tortured
to extract information that one expects will save lives.8 In brief, the role
of the masses in a dirty hands problem is as the body count: the public is
a passive collection of individuals of whom the lone decision maker
must save the largest number possible.
Explorations of dirty hands problems almost invariably acknowl-
edge a debt to, as Rossiter puts it, "the little book that Machiavelli wrote
to wheedle a job out of Lorenzo de'Medici."9 As Albert Hirschman
points out in The Rhetoric of Reaction: Perversity, Futility, Jeopardy,
Machiavelli's The Prince gave impetus to the timeless stream of rheto-
ric that debunks any and all mechanisms that have been proposed to al-
low the masses to participate in governing.10 The basic themes of the
"realists" are those of Hirschman's title: any democratic reform will
work in the opposite way to that intended, come to nothing, or place the
whole state and society in the gravest danger. The essential message of
the critics of democracy, that "maudlin enthusiasm of humanity," is
that there exists an unbridgeable gulf between those who lead and those
who are led. Thus it is best to be led by a bold elite which will govern
with genius and fortitude. 1
8 Assassination is a subject for Albert Camus, notably The Just Assassins, in Cali-
gula and ThreeOtherPlays (New York:Knopf, 1958); thejudges problemis from
RobertNozick, Anarchy,State and Utopia (Oxford:Blackwell, 1974); the torture
example is taken up in Alan Donagan, The Theoryof Morality (Chicago:Univer-
sity of Chicago Press, 1977), 184-89; and the jungle parableis developed in Ber-
nardWilliams, "A Critiqueof Utilitarianism,"in J. J. C. Smartand BernardWil-
liams, eds., Utilitarianism:For and Against (Cambridge:CambridgeUniversity
Press, 1973), 98. But see also Williams' "Politics and Moral Character," in
S. Hampshire,ed., Public and Private Morality (Cambridge:CambridgeUniver-
sity Press, 1978), 55-74. The authors' various scenarios have taken on a life of
their own. Michael Walzer,"Political Action: The Problemof Dirty Hands," Phi-
losophy and Public Affairs 2 (1972-1973), 160-80, perhapscontains the most di-
rect discussion of the possibility of living a moral life as a public figure. In real
life, the defence presentedby the formerVichy governmentofficial, PaulTouvier,
in his 1994 trialfor crimes againsthumanityhalf a centuryearlier,was thathe had
saved 93 Jewish prisonersby designating seven for execution. See Paul Webster,
"Touvier Trial Goes Easy on Vichy," Manchester Guardian Weekly(Manches-
ter),April 10, 1994, 4.
9 Clinton Rossiter, ConstitutionalDictatorship: Crisis Governmentin the Modern
Democracies (Princeton:PrincetonUniversityPress, 1948), viii.
10 Albert O. Hirschman,The Rhetoric of Reaction: Perversity,Futility, Jeopardy
(Cambridge:The BelknapPressof HarvardUniversityPress, 1991).
11 Ibid., 93. The descriptionof democracyas a "maudlinenthusiasm"thatcould de-
stroy the institutionalcreationsof centuries of "wise heads" is from the debates
leading up to the Second ReformAct of 1867 in Britain.
484 S. L.SUTHERLAND
15 See Marc Buffat, Les mains sales de Jean-Paul Sartre (Paris:Gallimard, 1991),
163-71.
16 At first Sartretried washing his hands of the whole business, declaring that the
play's fate in the world representedan "objective" path that had nothing to do
with him. But by 1952, a declared critical sympathizerof Communism, he was
refusing to authorizethe play's productionin certain cities, "des points nevral-
giques." This semi-banlasteduntil the mid-1960s (ibid., 167-71).
17 Ibid., 166, quotingMichel ContatandMichel Rybalka,Les Ecrits de Sartre(Paris:
Gallimard, 1970), 178-79: "I make everyone right:the old 'realist' leader of the
proletarianparty, who, because he makes some provisional concessions with the
reactionaryparty,sees himself portrayedby opportunistsas a traitorto society, is
correct.And so also is the young disciple, lost in idealism, whom the hard-liners
have sent to execute he [Hoederer]who was once his idol."
488 S. L.SUTHERLAND
to a largeextent in the handsof the assembly, thus the need for strategic
overstatementis less.
In relation to constitutionalismand the dirty hands problem, it is
useful to study the "politicalmorality"of individualactions in termsof
theircapacityto subvertthe intentionsof actualpoliticalinstitutions,un-
derstoodas rules for guidingpublicbehaviour.One can maintainthatthe
choices political actorsmay make underpressureshouldbe seen as raw
events to be studiedand moralizedin the course of the orderly,constitu-
tionally appropriateprocesses of retrospectivedeliberationand evalua-
tion.The politicalmechanismsof each constitutioncan thenbe examined
for theircapacityto structureretrospectiveroundsof publicdiscussionin
a timelyandtransparent way, andso remedy,lay to rest,or systematically
andcontinuouslyreformulatethe issues embeddedin the choices.
In regard to a certain class of actions that effectively subvert the
exploratoryphases of politicallife butwhich arenot usually regardedas
crimes, Dennis Thompson's concept, that of mediated corruption,is
helpful. For the purposesof this article,the most importantaspect of his
definitionstates that acts that subvertthe democraticprocess by under-
mining deliberationand thus competitionare morally corrupt.Thomp-
son uses the word "mediated" to describe the form of corruptionbe-
cause the actions at issue, undertakenby politiciansin a kind of "loop-
hole" thinking in the context of the system rules, are filtered through
politicalpracticesthatmay in othercontextsbe legitimate:
mediatedcorruptiondiffers from conventionalcorruptionwith respect to each
of these three elements [thatnormallydefine corruption]:(1) the gain that the
politicianreceives is political, not personal,and is not illegitimatein itself, as in
conventionalcorruption;(2) how the public official provides the benefit is im-
proper,not necessarilythe benefititself or the fact thatthe particularcitizen re-
ceives the benefit; (3) the connection between the gain and the benefit is im-
properbecause it damagesthe democraticprocess, not because the public offi-
cial provides the benefit with a corruptmotive. In each of these elements, the
concept of mediatedcorruptionlinks the acts of individualofficials to qualities
of the democraticprocess. In this way, the concept provides a partialsynthesis
of conventional corruption(familiar in contemporarypolitical science) and
systemiccorruption(foundin traditionalpolitical theory).28
have been at fault had he in any way evaded or shirkeda duty to make
himself available to consult with his officers-had he acted in such a
way as to keep himself "out of the loop" of information.Thus the tactic
of providingpolitical chiefs with "deniability"can be given a little dig-
nity as the systemic offence of a conspiracyto commitdeliberate negli-
gence.
MediatedCorruptionand theAmericanPresidency
The idea of mediated corruptionas action that defeats the established
lines of the system as they are understoodby the main players and by
citizens-action that precludes public deliberation-provides help to
those wishing to grasp some of the dilemmas of the modernAmerican
presidency. One can offer as examples the Watergateand Iran-Contra
scandals and their sequels. PresidentNixon apparentlythoughthe had
the right to order any action that he believed might be instrumentalin
maintaining the safety and stability of American life. This included
breakinginto the offices of the DemocraticNational Committeein the
Watergatebuilding.One reconstructionof a motive is thatNixon andhis
officials honestly thoughtthatinformationwould come into theirhands
thatcould help preservethe stabilityof the country.Anotherinterpreta-
tion is thatthey only wantedto collect partisaninformationto hurttheir
opponentsin the forthcomingelection. (Orboth motives could have fig-
ured.) Nixon himself told David Frost on television that no law is
violated if a president's staff members are simply doing whatever it
takes to implementa presidentialdecision.34The opinion of the Ameri-
can courts was different,for Nixon's officials were tried and sentenced
for criminalactions. Yet Nixon was not impeachedbecause he resigned,
and,further,he was nevertriedfor any crime, because PresidentGerald
Fordpardonedhim prospectively,as it were.
Likewise, both the Reagan and the Bush presidencies were
hauntedby the fear of the revelationof the scope of secret weapon sales
to Iranin exchange for the release of Americanhostages, as well as the
money that was used to make undeclaredwar on the Nicaraguangov-
ernment.PresidentReagan duckedthe question of his own political re-
sponsibilityfor the acts of severalofficials who reporteddirectlyto him,
claiming thathe had never been personallyinvolved in these particular
matters.PresidentBush subsequently,and likewise, long claimed that
he had been "out of the loop" of informationduringthe same events. In
December 1992, at the end of his term of office, with proof of his per-
34 Michael Foley, TheSilence of Constitutions(London:Routledge, 1989), 68. Benn
notes thatto lie for the government'ssurvivalcan be acceptable,if embarrassingto
its supporterswhen found out. Nixon's errorwas to keep on lying when therewere
no grounds for believing that lying was in the public interest (Benn, Public and
Private Morality, 166).
498 S. L.SUTHERLAND
public speculation and thus it conduces to the erosion of the public's be-
lief in the legitimacy of the system.
40 Ibid., 12.
41 Ibid., 91.
TheProblemof DirtyHands in Politics 503
Conclusion
I have arguedthat the problemof dirty hands, as focused on the inten-
tions of the lone politicalactortrappedin a vicious scenario,distortsour
understandingof the natureof politics.
Most obviously, it does not model the most difficultandinteresting
aspectsof politics:those thataspireto democraticactionunderconstitu-
42 Ibid., 95.
43 Ibid.,epilogue, 96.
504 S. L.SUTHERLAND