Rae Langton famously argues that pornographic speech illocutionarily subordinates and silences women. Making good this view hinges on identifying the context relevant for fixing such force. To do so, a parallel is typically drawn between pornographic recordings and multipurpose signs involved in delayed communication, but the parallel generates a dispute about the right illocutionary force-fixing context. Jennifer Saul and myself argue that if pornographic speech is akin to multipurpose signs, its illocutionary force is fixed by the actual decoding context: of (...) using/viewing pornographic recordings. By contrast, Claudia Bianchi argues that the relevant context is intended/expected decoding. Here I take issue with Bianchi’s view. Her intentionalist account faces two serious objections. First, the collapse objection: Bianchi’s intentionalist view is so formulated that it collapses into that endorsed by Saul and me. This undermines Bianchi’s case against us. Second, the dissonance objection: looking at a different aspect of Bianchi’s view, and one that does depart from the positions of Saul and myself, shows that her analysis is too intentionalist and cannot be used to elucidate pornography’s illocutionary force. Bianchi’s view should hence be rejected. This nevertheless leaves open further theoretical avenues of research, which I briefly discuss at the end of the paper. (shrink)

In recent times, phenomena of conversational asymmetry have become a lively object of study for linguists, philosophers of language and moral philosophers—under various labels: illocutionary disablement and silencing, discursive injustice :440–457, 2014; Lance and Kukla in Ethics 123:456–478, 2013), illocutionary distortion. The common idea is that members of underprivileged groups sometimes have trouble performing particular speech acts that they are entitled to perform: in certain contexts, their performative potential is somehow undermined, and their capacity to do things with words is (...) distorted or even annulled. In this paper I will assess this idea, focusing on Rebecca Kukla’s and Rae Langton’s accounts; in particular, I will criticize the role the notion of uptake plays in their accounts, and claim that it may ultimately undermine the very idea of discursive injustice. While, according to Kukla and Langton, members of disadvantaged groups are victims of a kind of uptake failure, leading to illocutionary disablement and even silencing, in the account I present they are victims of a kind of communicative disablement. My overall aim is to develop a notion of discursive injustice that is more plausible and more effective for our broader purposes of criticising the structures of power and oppression. (shrink)

The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of treating legal (...) rules as if they were uttered and received in the same context, the latter consists of treating legal rules as relatively short, isolated sentences. Among the consequences of these fallacies are an excessive focus on the lawmakers’ semantic intentions and the neglect of the semantic and pragmatic complexity of rules as sets of utterances (discourses) -/- To redress these flaws, I propose analysing legal rules through the prism of complex text-acts. My paper presents the consequences of this revised approach for legal interpretation, supporting Joseph Raz's idea of minimal legislative intent. (shrink)