6. Law as a Test of Conceptual Strength

For: Bernard Williams: From Responsibility to Law and Jurisprudence. Edited by Veronica Rodriguez-Blanco, Daniel Peixoto Murata, and Julieta Rabanos. Oxford: Hart, forthcoming.

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test.

5. Reasons of Love and Conceptual Good-for-Nothings

In: Themes from Susan Wolf. Edited by Michael Frauchiger and Markus Stepanians. Berlin: De Gruyter, forthcoming.

What reasons do we have to use certain concepts and conceptions rather than others? Approaching that question in a methodologically humanistic rather than Platonic spirit, one might seek “reasons for concept use” in how well concepts serve the contingent human concerns of those who live by them. But appealing to the instrumentality of concepts in meeting our concerns invites the worry that this yields the wrong kind of reasons, especially if the relevant concerns are nonmoral ones. Drawing on Susan Wolf’s work on the moral/nonmoral distinction and the neglected role of reasons of love, I argue that this worry is misplaced, and in fact overlooks some of our most important reasons to prefer certain concepts over others. Yet a lingering worry remains, namely that the value of concepts does not just lie in what they are good for. Drawing on another strand in Wolf’s work, I explore the question whether concepts can be valuable good-for-nothings, and show how this ultimately also underscores the importance of reasons of love as reasons for concept use.

4. Williams’s Debt to Wittgenstein

In: Making Sense of the Past: Bernard Williams and the History of Philosophy. Edited by Marcel van Ackeren and Matthieu Queloz. Oxford: Oxford University Press, forthcoming. With Nikhil Krishnan.

This chapter argues that several aspects of Bernard Williams’s style, methodology, and metaphilosophy can be read as evolving dialectically out of Wittgenstein’s own. After considering Wittgenstein as a stylistic influence on Williams, especially as regards ideals of clarity, precision, and depth, Williams’s methodological debt to Wittgenstein is examined, in particular his anthropological interest in thick concepts and their point. The chapter then turns to Williams’s explicit association, in the 1990s, with a certain form of Wittgensteinianism, which he called ‘Left Wittgensteinianism’. It is shown how this is not a sudden conversion, but the direct product of Williams’s longstanding critical engagement with Wittgenstein’s methodology and metaphilosophy: Williams arrives at this position by envisaging a Wittgensteinianism that thinks in concrete sociohistorical terms, embraces genuine explanation, and relinquishes its insistence on the purity of philosophy. When properly understood, moreover, this critique turns out to be continuous with Williams’s advocacy of a conception of philosophy as a humanistic discipline. Finally, it is shown that Williams inherits from Wittgenstein a certain understanding of how philosophy can help us to live, in particular the therapeutic ambition to liberate us from distortions in our self-understanding by assembling reminders.

3. Making Past Thinkers Speak to Us through Pragmatic Genealogies

In: Historiography and the Formation of Philosophical Canons. Edited by Sandra Lapointe and Erich Reck, 171–191. London: Routledge, 2023.

Pragmatic genealogies seek to explain ideas by regarding them, primarily, not as answers to philosophical questions, but as practical solutions to practical problems. Here I argue that pragmatic genealogies can inform the formation of philosophical canons. But the rationale for resorting to genealogy in this connection is not the familiar one that genealogy renders the concepts of the present intelligible by relating them to the concerns of the past—the claim is rather the reverse one, that genealogy renders the concepts of the past intelligible by relating them to the concerns of the present: past thinkers can be made to speak to us by revealing how their ideas tie in with our concerns, in the sense of helping us to remedy practical problems we still face in some form. As various as the reasons for studying thinkers of the past are, one important way in which they can earn their claim to our attention is by helping us understand what ideas we now need, given the problems we now face.

2. A Shelter from Luck: The Morality System Reconstructed

In: Morality and Agency: Themes from Bernard Williams. Edited by András Szigeti and Matthew Talbert, 182–209. New York: Oxford University Press. 2022.

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.

1. Revealing Social Functions through Pragmatic Genealogies

In: Social Functions in Philosophy: Metaphysical, Normative, and Methodological Perspectives. Edited by Rebekka Hufendiek, Daniel James and Raphael van Riel, 200–218. London: Routledge, 2020.

There is an under-appreciated tradition of genealogical explanation that is centrally concerned with social functions. I shall refer to it as the tradition of pragmatic genealogy. It runs from David Hume and the early Friedrich Nietzsche through E. J. Craig to Bernard Williams and Miranda Fricker. These pragmatic genealogists start out with a description of an avowedly fictional “state of nature” and end up ascribing social functions to particular building blocks of our practices – such as the fact that we use a certain concept, or live by a certain virtue – which we did not necessarily expect to have such a function at all. That the seemingly archaic device of a fictional state-of-nature story should be a helpful way to get at the functions of our actual practices must seem a mystifying proposal, however; I shall therefore endeavor to demystify it in what follows. My aim in this chapter is twofold. First, by delineating the framework of pragmatic genealogy and contrasting it with superficially similar methods, I argue that pragmatic genealogies are best interpreted as dynamic models whose point is to reveal the function – and non-coincidentally often the social function – of certain practices. Second, by buttressing this framework with something it notably lacks, namely an account of the type of functionality it operates with, I argue that both the type of functional commitment and the depth of factual obligation incurred by a pragmatic genealogy depend on what we use the method for: the dynamic models of pragmatic genealogy can be used merely as heuristic devices helping us spot functional patterns, or more ambitiously as arguments grounding our ascriptions of functionality to actual practices, or even more ambitiously as bases for functional explanations of the resilience or the persistence of practices. By bringing these distinctions into view, we gain the ability to distinguish strengths and weaknesses of the method’s application from strengths and weaknesses of the method itself.