Robert Junqueira

Is surveillance that is targeted towards specific individuals easier to justify than surveillance that targets broad categories of people? Untargeted surveillance is routinely accused of treating innocent people as suspects in ways that are unfair and of failing to pursue security effectively. I argue that in a wide range of cases untargeted surveillance treats people less like suspects than more targeted alternatives. I also argue that it often deters unwanted behaviour more effectively than targeted alternatives, including profiling. In practice, untargeted surveillance is likely to be least costly morally and most efficient when used as a means of enforcing the rules of a specific activity or institution. Targeted alternatives are likely to be more appropriate means of law enforcement

This paper considers whether publicizing criminal labels is justified as a form of punishment. It begins by arguing that making criminal labels public is inevitably stigmatizing and that stigmatization is not, as is often implied, a defining aspect of censure, but needs independent justification. It argues that justifying grounds for public criminal labelling cannot be found in either the communicative account of punishment or deterrence theory. Rather, public criminal labelling should be understood as undermining of both the communicative and the deterrent functions of punishment. Recent empirical work is drawn upon to support the claims about public criminal labelling and deterrence.

The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on the causes of erroneous convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion.

The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations when these are neither proportionate nor necessary to the prevention of greater crime-related harms. Our claims have implications both for the morality of policing and for its regulation and governance under human rights legislation, which we argue should be reformed so as to recognise police culpability not only for inflictions of harm, but also for failures to prevent it.

This paper develops Bernard Williams’s suggestion that for philosophy to ignore its history is for it to assume that its history is vindicatory. The paper aims to offer a fruitful line of inquiry into the question whether philosophy has a vindicatory history by providing a map of possible answers to it. It first distinguishes three types of history: the history of discovery, the history of progress, and the history of change. It then suggests that much of philosophy lacks a vindicatory history, for reasons that reflect philosophy’s character as a humanistic discipline. On this basis, the paper reconstructs Williams’s conception of what it means for philosophy to engage with its own history. The paper concludes that it is a mistake to think that a vindicatory history is what we would really like to have, and that in fact, the resulting picture gives philosophy several reasons to engage with its own history.

A longstanding debate in the philosophy of action opposes causalists to anti-causalists. Causalists claim the authority of Davidson, who offered powerful arguments to the effect that intentional explanations must be causal explanations. Anti-causalists claim the authority of Wittgenstein, who offered equally powerful arguments to the effect that reasons cannot be causes. My aim in this paper is to achieve a rapprochement between Davidsonian causalists and Wittgensteinian anti-causalists by showing how both sides can agree that reasons are not causes, but that intentional explanations are causal explanations. To this end, I first defuse Davidson’s Challenge, an argument purporting to show that intentional explanations are best made sense of as being explanatory because reasons are causes. I argue that Wittgenstein furnishes anti-causalists with the means to resist this conclusion. I then argue that this leaves the Master Argument for the claim that intentional explanations are causal explanations, but that by distinguishing between a narrow and a wide conception of causal explanation, we can resolve the stalemate between Wittgensteinian anti-causalists impressed by the thought that reasons cannot be causes and Davidsonian causalists impressed by the thought that intentional explanations must be causal explanations.

This paper argues that Nietzsche is a critic of just the kind of genealogical debunking he is popularly associated with. We begin by showing that interpretations of Nietzsche which see him as engaging in genealogical debunking turn him into an advocate of nihilism, for on his own premises, any truthful genealogical inquiry into our values is going to uncover what most of his contemporaries deem objectionable origins and thus license global genealogical debunking. To escape nihilism and make room for naturalism without indiscriminate subversion, we then argue, Nietzsche targets the way of thinking about values that permits genealogical debunking: far from trying to subvert values simply by uncovering their origins, Nietzsche is actively criticising genealogical debunking thus understood. Finally, we draw out the consequences of our reading for Nietzsche’s positive vision.

Social and political concepts are indispensable yet historically and culturally variable in a way that poses a challenge: how can we reconcile confident commitment to them with awareness of their contingency? In this article, we argue that available responses to this problem—Foundationalism, Ironism, and Right Wittgensteinianism—are unsatisfactory. Instead, we draw on the work of Bernard Williams to tease out and develop a Left Wittgensteinian response. In present-day pluralistic and historically self-conscious societies, mere confidence in our concepts is not enough. For modern individuals who are ineluctably aware of conceptual change, engaged concept-use requires reasonable confidence, and in the absence of rational foundations, the possibility of reasonable confidence is tied to the possibility of critically discriminating between conceptual practices worth endorsing and those worth rejecting. We show that Left Wittgensteinianism offers such a basis for critical discrimination through point-based explanations of conceptual practices which relate them to the needs of concept-users. We end by considering how Left Wittgensteinianism guides our understanding of how conceptual practices can be revised in the face of new needs.

Why is the concept of truth so important to us? After all, it is not at all obvious why human intelligence would have evolved to do anything other than to dissimulate, deceive, cheat, and trick. Pragmatic genealogies like the genealogies of the value of truth told by Nietzsche and Williams can help us grasp why we think as we do. But instead of explaining concepts by tracing them to antecedent objects in reality, they trace them to practical needs and reverse-engineer the functions performed by the concepts.

Conceptual engineering is thought to face an ‘implementation challenge’: the challenge of securing uptake of engineered concepts. But is the fact that implementation is challenging really a defect to be overcome? What kind of picture of political life would be implied by making engineering easy to implement? We contend that the ambition to obviate the implementation challenge goes against the very idea of liberal democratic politics. On the picture we draw, the implementation challenge can be overcome by institutionalizing control over conceptual uptake, and there are contexts—such as professions that depend on coordinated conceptual innovation—in which there are good reasons to institutionalize control in this fashion. But the liberal fear of this power to control conceptual uptake ending up in the wrong hands, combined with the democratic demand for freedom of thought as a precondition of genuine consent, yields a liberal democratic rationale for keeping implementation challenging.

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions.

Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism and its connection to his critique of the morality system. It also illustrates the virtues and hazards of contemporary efforts to ameliorate or engineer our concepts; it indicates what political philosophy might look to in appraising political concepts; it adverts to the different needs these concepts have to meet if they are to sustain a politics of pluralism, deal with polarization, and secure the consent of those who end up on the losing side of political decisions; and it presents us with two starkly contrasting conceptions of politics itself, of the place of political values within it, and of our prospects of reducing the uncomfortably conflictual character of those values through philosophy.

Bernard Williams’ books demand an unusual amount of work from readers. This is particularly true of his 1985 magnum opus, Ethics and the Limits of Philosophy (ELP)—a work so charged with ideas that there seems to be nothing more to say, and yet at the same time so pared-down and tersely argued that there seems to be nothing left to take away. Reflecting on the book five years after its publication, Williams writes that it is centrally concerned with a Nietzschean question: the question of philosophy’s authority, in particular when it comes to telling us how to live (1990, p. XIX). Some ethical theories seem implicitly committed to the idea that philosophy has everything to tell us about how to live. This Williams rejects. But the question then is how much philosophy has to tell us, and as critical as Williams may be of philosophy’s ambitions in this regard, his answer in ELP is certainly not nothing. The book even suggests some things that philosophy might say. But what Williams emphatically insists on, both in the book and in his later reflection on it, is that the question needs to be taken more seriously than it has been.

Far from being indiscriminately critical of the ideas he associated with the morality system, Bernard Williams offered vindicatory explanations of its crucial building blocks, such as the moral/non-moral distinction, the idea of obligation, the voluntary/involuntary distinction, and the practice of blame. The rationale for these concessive moves, I argue, is that understanding what these ideas do for us when they are not in the service of the system is just as important to leading us out of the system as the critique of that system. I then show how regarding the aspiration to shelter life from luck as the system’s organizing ambition explains why the system elaborates and combines these building blocks in the way it does. Finally, I argue that the ultimate problem with the resulting construction is its frictionless purity. It robs valuable concepts of their grip on the world we live in, and, by insisting on purity from contingency, threatens to issue in nihilism about value and scepticism about agency.

DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what emerges as the most viable version of it, and assesses the extent to which this version conflicts with gene-patenting practices as exemplified by the U.S. regime. It concludes that the genome is best thought of as a repository of information to which humanity has a fiduciary relationship, and that on this view, the perceived conflict with gene-patenting largely dissolves.

This paper analyses the connection between Nietzsche’s early employment of the genealogical method and contemporary neo-pragmatism. The paper has two goals. On the one hand, by viewing Nietzsche’s writings in the light of neo-pragmatist ideas and reconstructing his approach to justice as a pragmatic genealogy, it seeks to bring out an under-appreciated aspect of his genealogical method which illustrates how genealogy can be used to vindicate rather than to subvert, and accounts for Nietzsche’s lack of historical references. On the other hand, by highlighting what Nietzsche has to offer neo-pragmatism, it seeks to contribute to neo-pragmatism’s conception of genealogy. The paper argues that Nietzsche and the neo-pragmatists share a naturalistic concern and a pragmatist strategy in responding to it. The paper then shows that Nietzsche avoids a reductive form of functionalism by introducing a temporal axis, but that this axis should be understood as a developmental model rather than as historical time. This explains Nietzsche’s failure to engage with history. The paper concludes that pragmatic genealogy can claim a genuinely Nietzschean pedigree.

In Truth and Truthfulness, Bernard Williams sought to defend the value of truth by giving a vindicatory genealogy revealing its instrumental value. But what separates Williams’s instrumental vindication from the indirect utilitarianism of which he was a critic? And how can genealogy vindicate anything, let alone something which, as Williams says of the concept of truth, does not have a history? In this paper, I propose to resolve these puzzles by reading Williams as a type of pragmatist and his genealogy as a pragmatic genealogy. On this basis, I show just in what sense Williams’s genealogy can by itself yield reasons to cultivate a sense of the value of truth. Using various criticisms of Williams’s genealogical method as a foil, I then develop an understanding of pragmatic genealogy which reveals it to be uniquely suited to dealing with practices exhibiting what I call self-effacing functionality—practices that are functional only insofar as and because we do not engage in them for their functionality. I conclude with an assessment of the wider significance of Williams’s genealogy for his own oeuvre and for further genealogical inquiry.

This paper argues that besides the critical and historically informed genealogies of his later work, Nietzsche also sketched genealogies that are not historically situated and that display an under-appreciated affirmative aspect. The paper begins by looking at two early examples of such genealogies where datable historical origins are clearly not at issue, which raises the question of what kind of origins Nietzsche is after. It is argued that these genealogies inquire into practical origins—into the original point of certain conceptual practices given certain needs, and that this reflects Nietzsche’s instrumentalism about concepts. It is then argued that this focus lends the genealogies an affirmative dimension, because they present their object as naturalistically intelligible and practically indispensable. Finally, it is shown how the nature and limits of this affirmative dimension can be tentatively sharpened by connecting it to Nietzsche’s later notion of the economic justification of morality.

This paper examines three reasons to think that Craig's genealogy of the concept of knowledge is incompatible with knowledge-first epistemology and finds that far from being incompatible with it, the genealogy lends succour to it. This reconciliation turns on two ideas. First, the genealogy is not history, but a dynamic model of needs. Secondly, by recognizing the continuity of Craig's genealogy with Williams's genealogy of truthfulness, we can see that while both genealogies start out from specific needs explaining what drives the development of certain concepts rather than others, they then factor in less specific needs which in reality do not come later at all, and which have also left their mark on these concepts. These genealogies thereby reveal widespread functional dynamics driving what I call the de-instrumentalization of concepts, the recognition of which adds to the plausibility of such instrumentalist approaches to concepts.

In the literature seeking to explain concepts in terms of their point, talk of ‘the point’ of concepts remains under-theorised. I propose a typology of points which distinguishes practical, evaluative, animating, and inferential points. This allows us to resolve tensions such as that between the ambition of explanations in terms of the points of concepts to be informative and the claim that mastering concepts requires grasping their point; and it allows us to exploit connections between types of points to understand why they come apart, and whether they do so for problematic ideological reasons or for benignly functional reasons.

This paper examines Miranda Fricker’s method of paradigm-based explanation and in particular its promise of yielding an ordered pluralism. Fricker’s starting point is a schism between two conceptions of forgiveness, Moral Justice Forgiveness and Gifted Forgiveness. In the light of a hypothesis about the basic point of forgiveness, she reveals the unity underlying the initially baffling plurality and brings order into it, presenting a paradigmatic form of forgiveness as explanatorily basic and other forms as derivative. The resulting picture, she claims, is an ‘explanatorily satisfying ordered pluralism.’ But what is this ordered pluralism and how does Fricker’s method deliver it? And to what extent can this strategy be generalised to other conceptual practices? By making explicit and critically examining the conception of ordered pluralism implicit in Fricker’s procedure, I assess the promise that her approach holds as a way of resolving stand-offs between warring conceptions of ideas or practices more widely. I argue that it holds great promise in this respect, but that if we are to avoid reproducing just the schismatic debates that the pluralism of paradigm-based explanation is supposed to overcome at the level of what is to be regarded as a paradigm case, we need to take seriously the thought that what counts as a paradigm is partly determined by our purposes in giving a paradigm-based explanation.

Can genealogical explanations affect the space of reasons? Those who think so commonly face two objections. The first objection maintains that attempts to derive reasons from claims about the genesis of something commit the genetic fallacy—they conflate genesis and justification. One way for genealogies to side-step this objection is to focus on the functional origins of practices—to show that, given certain facts about us and our environment, certain conceptual practices are rational because apt responses. But this invites a second objection, which maintains that attempts to derive current from original function suffer from continuity failure—the conditions in response to which something originated no longer obtain. This paper shows how normatively ambitious genealogies can steer clear of both problems. It first maps out various ways in which genealogies can involve non-fallacious genetic arguments before arguing that some genealogies do not invite the charge of the genetic fallacy if they are interpreted as revealing the original functions of conceptual practices. However, they then incur the burden of showing that the conditions relative to which practices function continuously obtain. Taking its cue from the genealogies of E. J. Craig, Bernard Williams, and Miranda Fricker, the paper shows how model-based genealogies can avoid continuity failures by identifying bases of continuity in the demands we face.

Why would philosophers interested in the points or functions of our conceptual practices bother with genealogical explanations if they can focus directly on paradigmatic examples of the practices we now have?? To answer this question, I compare the method of pragmatic genealogy advocated by Edward Craig, Bernard Williams, and Miranda Fricker—a method whose singular combination of fictionalising and historicising has met with suspicion—with the simpler method of paradigm-based explanation. Fricker herself has recently moved towards paradigm-based explanation, arguing that it is a more perspicuous way of reaping the same explanatory pay-off as pragmatic genealogy while dispensing with its fictionalising and historicising. My aim is to determine when and why the reverse movement from paradigm-based explanation to pragmatic genealogy remains warranted. I argue that the fictionalising and historicising of pragmatic genealogy is well motivated, and I outline three ways in which the method earns its keep: by successfully handling historically inflected practices which paradigm-based explanation cannot handle; by revealing and arguing for connections to generic needs we might otherwise miss; and by providing comprehensive views of practices that place and relate the respects in which they serve both generic and local needs.

This paper aims to increase our understanding of the genealogical method by taking a developmental approach to Nietzsche’s genealogical methodology and reconstructing an early instance of it: Nietzsche’s genealogy of truthfulness in On Truth and Lie. Placing this essay against complementary remarks from his notebooks, I show that Nietzsche’s early use of the genealogical method concerns imagined situations before documented history, aims to reveal practical necessity before contingency, and focuses on vindication before it turns to subversion or problematization. I argue that we understand Nietzsche’s later critique of truthfulness better if we place it against the background of his earlier vindicatory insight into the practical necessity of cultivating truthfulness in some form; and I suggest that Nietzsche’s own mature genealogical method has roots in its supposed contrary, the method of the “English” genealogists.

Amplifying Bernard Williams’ critique of the Nietzschean project of a revaluation of values, this paper mounts a critique of the idea that whether values will help us to live can serve as a criterion for choosing which values to live by. I explore why it might not serve as a criterion and highlight a number of further difficulties faced by the Nietzschean project. I then come to Nietzsche's defence, arguing that if we distinguish valuations from values, there is at least one form of the project which overcomes those difficulties. Finally, however, I show that even on this reading, the project must either fall prey to ‘Saint-Just's illusion’ or fall back into the problems it was supposed to escape. This highlights important difficulties faced by the Nietzschean project and its descendants while also explaining why Williams, who was so Nietzschean in other respects, remained wary of the revaluation of values as a project.