Saying so can make it so, J. L. Austin taught us long ago. Famously, John Searle has developed this Austinian insight in an account of the construction of institutional reality. Searle maintains that so-called Status Function Declarations, allegedly having a “double direction of fit”, synchronically create worldly institutional facts, corresponding to the propositional content of the declarations. I argue that Searle’s account of the making of institutional reality is in tension with the special theory of relativity—irrespective of whether the account (...) is interpreted as involving causal generation or non-causal grounding of worldly institutional facts—and should be replaced by a more modest theory which interprets the results of Status Function Declarations in terms of mere Cambridge change and institutional truth. I end the paper by indicating the import of this more modest theory for theorizing about the causal potency of institutional phenomena generated by declarations. (shrink)

Frankfurt gave an account of “bullshit” as a statement made without regard to truth or falsity. Austin argued that a large amount of language consists of speech acts aimed at goals other than truth or falsity. We don't want our account of bullshit to include all performatives. I develop a modification of Frankfurt's account that makes interesting and useful categorizations of various speech acts as bullshit or not and show that this account generalizes to many other kinds of act as (...) well. I show that this illuminates some of Graeber's classification of “bullshit jobs,” though it doesn't fully agree with it. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

This paper concerns the formal semantic analysis of imperative sentences. It is argued that such an analysis cannot be deferred to the semantics of propositions, under any of the three commonly adopted strategies: the performative analysis, the sentence radical approach to propositions, and the (nondeclarative) mood-as-operator approach. Whereas the first two are conceptually problematic, the third faces empirical problems: various complex imperatives should be analysed in terms of semantic operators over simple imperatives. One particularly striking case is the Dutch pluperfect (...) imperative. It is argued that this construction should be analysed as a genuine counterfactual imperative. On the constructive side, in the last part of the paper a formal semantic analysis of imperatives is presented, in the framework of Update Semantics. On this analysis, imperatives are sui generis semantic entities, on a par with propositions. The analysis also includes an account of the counterfactual imperatives. (shrink)

Following the murder of George Floyd, the Black Lives Matter-movement (BLM) took to the streets to protest against institutional racism. In these protests, one could often hear the slogan “No Justice, No Peace”. Drawing on legal theory, speech act theory and phenomenology, this article investigates what kind of justice and peace are called upon and how the slogan functions as a claim addressed to the legal order. First, the article shows that the rule of law provides a comprehensive normative framework (...) to evaluate what went wrong during the arrest of George Floyd. Second, the article maintains that the slogan should be understood as a passionate utterance in the sense of Stanley Cavell. Finally, drawing on a responsive phenomenology of legal order inspired by the work of Bernhard Waldenfels, the article concludes that the slogan is an extraordinary claim questioning the legal order, showing its contingent origins. (shrink)

Plato articulates a deep perplexity about inquiry in ?Meno's Paradox??the claim that one can inquire neither into what one knows, nor into what one does not know. Although some commentators have wrestled with the paradox itself, many suppose that the paradox of inquiry is special to Plato, arising from peculiarities of the Socratic elenchus or of Platonic epistemology. But there is nothing peculiarly Platonic in this puzzle. For it arises, too, in classical Indian philosophical discussions, where it is formulated with (...) great clarity, and analysed in a way that casts it in a new light. We present three treatments of the puzzle in Indian philosophy, as a way of refining and sharpening our understanding of the paradox, before turning to the most radical of the Indian philosophers to tackle it. The Indian philosophers who are optimistic that the paradox can be resolved appeal to the existence of prior beliefs, and to the resources embedded in language to explain how we can investigate, and so move from ignorance to knowledge. Highlighting this structural feature of inquiry, however, allows the pessimist philosopher to demonstrate that the paradox stands. The incoherence of inquiry is rooted in the very idea of aiming our desires at the unknown. Asking questions and giving answers rests on referential intentions targeting objects in a region of epistemic darkness, and so our ?inquiry sceptic? also finds structurally similar forms of incoherence in the pragmatics of interrogative discourse. (shrink)

The problem is to reintroduce rhetoric, the rhetorician, the fight of discourse into the field of analysis.... The problem is to "rhetorize" philosophy.Philosophy takes place in the medium of language, in spoken and written discourses, which are themselves given as texts. Texts are written, read, memorized, reproduced, and cited; they circulate and are disseminated, but may also get damaged or lost, censored or forbidden, or become opaque and unreadable. This textual constitution is not a contingent but an essential attribute of (...) Western philosophy. In fact, the staging of dialogic and agonal orality in the medium of text is one of the characteristic features of Greek thought. Thus, the... (shrink)

Raz holds that necessarily all legal authorities, even de facto authorities, make a claim to legitimate authority. He does not say that legitimacy is a necessary property of law. This view, which I call the claim view, constitutes my focal point in this paper. Many commentators have criticized this view. I discuss and dismiss three critiques of the claim view: the verification critique (the claim view is not empirically confirmed), the legalistic critique (law claims legal authority, not moral authority), and (...) the semantic critique (legal obligations are semantically distinct from moral obligations). I submit that Raz equates the meaning of legal duties with that of moral duties and yet denies that legal statements entail moral propositions. In other words, I distinguish the semantic identity thesis from the semantic entailment thesis. Instead of a semantic interpretation of the claim view, I defend a presuppositional ascription of a general claim to moral authority to authoritative duty‐imposing and normatively committed uses of legal language by official spokesmen. I show that law’s claim to authority does not prove the truth of the sources thesis, because conceptual confusion or insincerity can affect the epistemic reliability of the propositions embodied in the claim, and because blatant immorality can altogether cancel law’s pragmatically presupposed claim to moral authority. I also argue that the claim view can only warrant two qualified versions of exclusive legal positivism, one of which is almost tautological, the other self‐contradictory. Finally, I suggest that exclusive legal positivism cannot be defended on conceptual grounds. (shrink)

When J. L. Austin introduced two “shining new tools to crack the crib of reality”—the theory of performative utterances and the doctrine of infelicities—he could not have imagined that he was also about to inaugurate a shining new industry in the philosophy of the social sciences. But with its evident concern for the features to which “all acts are heir which have the general character of ritual or ceremonial,” Austin’s theory soon became indispensable in the analysis of ritual, linguistic and (...) every kind of social action. While Indianists such as Frits Staal, Bimal Matilal and David Seyfort Ruegg have made good use of the work of Austin and his “ordinary language” school, it is Quentin Skinner who has attempted to turn Austin’s insights into a general “theory and method” for the study of intellectual cultures. The question I want to address in this paper has to do with the applicability of Skinnerian techniques to the study of literary and intellectual Sanskrit culture in premodern India. If not all of Skinner’s methods transfer to the new context, identification of the points at which they breakdown helps to clarify the distinctive contours of Indian intellectual history, and suggests appropriate methodological innovation. (shrink)

: Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. (...) I also show that the erroneous verdictive is of more general interest. (shrink)

Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...) to give permission to someone else to do something that it would be wrong for them to do without your permission. The novelty lies in seeing consent as an act of commitment in those two dimensions and in seeing those as commitments that persist until and unless undone by an act of a similar sort. (shrink)

We talk about groups as doing something, we talk as if groups have agency. Is our talk legitimate? Are there group agents? Is there something like group agency? In this paper, I discuss two ontological frameworks concerning existence questions: the Quinean framework and the Thomasson-Carnap framework. I apply them to the problem of group agency. I review the Quinean-oriented literature debating the existence of group agents and its methodological background. I argue, via Thomasson’s easy approach to ontology, that deflationism can (...) simplify the debate surrounding group agents. Thus, I argue for a Thomasson-Carnap framework and show that it is better suited to answer the particular question whether there are group agents. More specifically, I argue for a non-reductive simple realist view on group agents, i.e. I argue for the truth of “There are group agents,” via analytic entailments, by truths about the actions and deeds of groups. (shrink)

This paper takes an ontological approach to the subject of promising. Setting aside the typical concern over promissory obligations, I draw on recent work from the field of social ontology and develop a promissory schema that characterizes the functional role the practice of promising plays in our lives. This schema, put in terms of one agent’s voluntary and intentional attempts to provide another agent with a specific kind of assurance, helps explain what we are doing when we make a promise, (...) and what we desire when we ask that a promise be made. The promissory schema is explanatorily beneficial as it can help us understand why certain actions may be interpreted as promises, thereby reminding us that we need to be sensitive to the ways our actions can give rise to expectations in others. (shrink)

Predicting stock markets is a problem that has generated many answers. According to one group of responses, the divergence thesis, it is impossible to accomplish this since the prediction has a ‘bending effect’ that would cause the market to behave in a way that would permanently depart from what was predicted, i.e. the prediction would falsify itself. There are at least three types of impossibility: logical, theoretical and empirical. A second class of responses argues that despite the ‘bending effect’ of (...) predictions, it is still feasible to predicting stock markets. These responses, the convergence thesis, contend that we can achieve it by demonstrating that there are fixed points or that the prediction and market behavior will eventually converge. I expand this line of reasoning by showing that the performativity makes it possible certain predictions by an alignment between the ‘ontic’ and the ‘epistemic’ state of the markets. In addition, I show that performativity enables us to explain how a prediction is produced, why it works initially and then why it fails (i.e. why its predictive power is destroyed). (shrink)

In her recent defense of predicativism for proper names, Delia Graff Fara proposes the following non-metalinguistic being-called condition for the applicability of names as predicates: A name ‘N’ is true of a thing if and only if it is called N. The BCC is supposed to hold for names only. In this essay I criticize Fara’s BCC by arguing that the word ‘called’ is ambiguous, and that the BCC holds only for the particular sense of ‘calling’ as naming. I revise (...) accordingly Fara’s BCC and propose in its place a non-metalinguistic being-named condition. I also argue, against Fara, that being-named conditions are not unique to proper names: they hold for mass nouns, common count nouns, as well as for family names, which I distinguish from surnames. Finally, I discuss honorific titles and propose a being-entitled condition according to which a title ‘T’ is true of a thing just in case it is dubbed T. I conclude the paper with pragmatic, syntactic, as well as semantic considerations in favor of the thesis that names are a subspecies of non-hereditary, honorific titles. (shrink)

In this paper, I will analyze, as an example of political discourse, the songs used by Spain's two main political parties in the 2008 general elections. Just like other texts used in political electoral discourse, these songs form a part of a public and ideological discourse aimed at the election of a candidate. The whole of the candidate's discourse is aimed at convincing the electorate that she/he and his/her party are the best choice, while the opposing candidate is the worst. (...) In this paper, I will analyze how this strategy, quite typical in political ideological electoral discourse, is put into practice in the two songs. (shrink)