The Billy Budd’s Challenge. Moral Dilemmas and Institutional Dimension of Law

Abstract

This paper analyzes the special problem that an institutionally qualified moral agent faces. In particular, it deals with the case of a judge in a legal system facing a moral or legal dilemma. By focusing on Melville’s Billy Budd, the text examines the main challenges that the Billy Budd case poses to legal and moral philosophy. It shows how the challenge is discussed by philosophers of law and by moral philosophers. Finally, it suggests the need for a more integrated perspective in moral and legal philosophy.