This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

This paper addresses the following question: Can one and the same utterance token, in one unique speech situation, intentionally and conventionally perform a plurality of illocutionary acts? While some of the recent literature has considered such a possibility Perspectives on pragmatics and philosophy. Springer, Cham, pp 227–244, 2013; Johnson in Synthese 196:1151–1165, 2019), I build a case for it by drawing attention to common conversational complexities unrecognized in speech acts analysis. Traditional speech act theory treats communication as: a dyadic exchange (...) between a Speaker and a Hearer who trade illocutionary acts endowed with one and only one primary force. I first challenge assumption by discussing two contexts where plural illocutionary forces are performed in dyadic discussions: dilemmatic deliberations and strategic ambiguity. Further, I challenge assumption by analyzing poly-adic discussions, where a speaker can target various participants with different illocutionary acts performed via the same utterance. Together, these analyses defend illocutionary pluralism as a significant but overlooked fact about communication. I conclude by showing how some phenomena recently analyzed in speech act theory—back-door speech acts New work on speech acts. Oxford University Press, Oxford, pp 144–164, 2018) and dog-whistles New work on speech acts. Oxford University Press, Oxford, pp 360–383, 2018)—implicitly presuppose illocutionary pluralism without recognizing it. (shrink)

Uptake and Conventionality in Illocution The aim of this paper is to put forward a new way of conceiving of the conventionality of illocutionary acts, grounded in a new look at Austin's original ideas. While the indispensability of uptake has correctly been deemed to be a hallmark of illocution, it has also been taken as evidence of the intention-based nature of illocutionary acts as opposed to their alleged conventionality. After discussing the readings of the "securing of uptake" offered by Strawson (...) and Searle and commenting on the consequently established divide between "communicative" and conventional speech acts, I claim that illocutionary acts are conventional, first of all, because they have conventional effects. I show that Austin took such effects to be essential to illocution and argue that the bringing about of conventional effects is bound up with the indispensability of uptake. (shrink)

In Jeremy Waldron’s book, The Harm in Hate Speech, it is not always clear whether he argues that hate speech causes harm or whether it constitutes harm. This article considers this uncertainty, concluding that the best understanding of Waldron’s argument is that hate speech tends to cause harm - a weak form of the consequentialist case for its proscription. His argument is not advanced by his apparent reliance on speech-act theory.

This paper focuses on the performative character of fictional language. While assuming that all speaking is a form of acting, it aims to shed light on the nature of fictional, and particularly literary, speech acts. To this aim, relevant input can be found in the discussion of the ontological status of fictional entities and of their constitution and in the inquiry into the interaction between author and receiver of a fictional work. Based on the critical assessment of different approaches in (...) the debate on speech-act theory and literary fiction, the article first clarifies why the study of the performative character of fictional language cannot be reduced to either the discussion of the status of singular speech acts in the fiction or the inquiry into the pretend or unserious nature of fictional speech acts formulated by an author. While referring to Roman Ingarden’s, Jean-Paul Sartre’s, and Wolfgang Iser’s work, it subsequently argues that such a performative character should be understood as a specific serious affordance—or appeal—to imagine and thus to participate in the constitution of the fictional world. (shrink)