Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...) to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Rae Langton and Jennifer Hornsby provide accounts of how pornography silences women by appealing to J.L. Austin's account of speech-acts. Since their accounts focus only on instances of silencing where the hearer does not grasp the type of speech-act the speaker intends to perform, their accounts of silencing do not generalize to explain silencing that arises from what Miranda Fricker calls “testimonial injustice.” I argue that silencing arising from testimonial injustice can only be explained by what we shall call the (...) dialectical account of assertion, according to which assertion is the undertaking of a commitment in reasoned discourse. In doing so, I show that accounts of assertion based on speakers' intentions, proposals to common ground, and constitutive norms do not provide the necessary framework to explain silencing within the context of testimonial injustice. Having shown the strength of the dialectical account in explaining silencing, I conclude that the dialectical account also provides a way to remedy some instances of silencing arising from testimonial injustice providing further evidence that the dialectical account is the correct account of assertion. (shrink)

Various philosophers discuss perlocutionary silencing, but none defend an account of perlocutionary silencing. This gap may exist because perlocutionary success depends on extralinguistic effects, whereas silencing interrupts speech, leaving theorists to rely on extemporary accounts when they discuss perlocutionary silencing. Consequently, scholars assume perlocutionary silencing occurs but neglect to explain how perlocutionary silencing harms speakers as speakers. In relation to that shortcoming, I defend a novel account of perlocutionary silencing. I argue that speakers experience perlocutionary silencing when they are illegitimately (...) deprived of perlocutionary influence on a conversation in which they are active participants, where perlocutionary influence on the conversation relates to speech-related perlocutionary goals meant to influence the conversation or conversational direction. Thus, this account grounds perlocutionary silencing in linguistic phenomena and characterizes perlocutionary silencing in a way that explains why those who experience perlocutionary silencing are harmed as speakers. Moreover, this account explains how perlocutionary silencing harms speakers as conversational participants in a way that cannot be captured by illocutionary or locutionary silencing, for a speaker may be perlocutionarily silenced despite illocutionary success. Consequently, the account explains why “All Lives Matter” silences Black Lives Matter and “Not All Men” silences women sharing experiences of sexual harassment. (shrink)

Testimonial injustice occurs when hearers attribute speakers a credibility deficit because of an identity prejudice and consequently dismiss speakers’ testimonial assertions. Various philosophers explain testimonial injustice by appealing to interpersonal norms arising within testimonial exchanges. When conversational participants violate these interpersonal norms, they generate second-personal epistemic harms, harming speakers as epistemic agents. This focus on testimony, however, neglects how systematically misevaluating speakers’ knowledge affects conversational participants more generally. When hearers systematically misevaluate speakers’ conversational competence because of entrenched assumptions about what (...) speakers know, I call these conversational epistemic injustices. I argue the same epistemic harm in testimonial injustice arises for non-assertoric speech acts, generating conversational epistemic injustices. For across speech acts, deflated knowledge attributions create second-personal harms that prevent speakers from using their knowledge in linguistic exchanges, limiting their epistemic agency. These harms however are not reducible to linguistic harms, (e.g.,) silencing or discursive injustice. This article applies insight from how second-personal epistemic harm arises in testimonial exchanges to conversational exchanges more generally, demonstrating that epistemic injustices arise beyond testimonial exchanges and contexts of inquiry because deflated knowledge attributions undermine general conversational norms requiring participants assume each other’s conversational competence, generating conversational epistemic injustices. (shrink)

Some exceptional and surprising mistakes of scholarship made in the writings of a number of feminist academics (Ruth Bleier, Ruth Hubbard, Susan Bordo, Sandra Harding, and Rae Langton) are examined in detail. This essay offers the psychological hypothesis that these mistakes were the result of political passion and concludes with some remarks about the ability of the social sciences to study the effect of the politics of the researcher on the quality of his or her research.

El objetivo de este artículo es proponer cuatro condiciones éticas para la regulación de la pornografía en un Estado con tendencia liberal democrática: las dos primeras se relacionan con la producción del material pornográfico, la tercera con el contenido de dicho material y la cuarta con su repercusión social. De acuerdo con ello, en primer lugar, se presenta una definición de pornografía que incluye las perspectivas de las feministas radicales y liberales. En segundo lugar, se desarrolla un marco normativo para (...) determinar cuándo un material pornográfico es éticamente permisible y cuándo no. Finalmente, se sugiere una recomendación en relación a lo que el Estado debería hacer en cada caso y se hace una distinción entre tres ámbitos: las condiciones bajo las cuales es producido el material pornográfico, el contenido de lo que representa o describe, y sus consecuencias sociales. Se concluye que el Estado no debería censurar todos los materiales pornográficos, como las feministas radicales insisten, sino sólo prohibir y castigar aquellos que no cumplan con las condiciones éticas que se proponen. (shrink)

Can one fully succeed in performing illocutionary acts addressed to others if they do not understand what one is purportedly saying? Can one, for example, tell others something if they do not understand what one supposedly said? It is not uncommon for speech act theorist to claim that one cannot. I, in contrast, will be arguing that it is possible for a speaker to fully succeed in performing interpersonal illocutionary acts even if addressee understanding of what is said is not (...) produced, is not intended to be produced and is even intended not to be produced. (shrink)

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or demean members (...) of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

In this paper I explore a method for refusing uptake when explanations are morally and epistemically troubling. Gaile Pohlhaus Jr has shown that imploring marginalised people to “understand” marginalising practices amounts to a request that they legitimise their own marginalisation. In this paper, I expand upon this analysis with the aim of describing a method for withholding understanding. First, I analyse understanding through its association with explanation. Drawing on pragmatic theories, I describe explanations as speech acts whose success depends on (...) the explainee granting the explainer uptake by revising their background assumptions. Those background assumptions sometimes reference troubling generalisations, and in those cases, the explanation must be blocked. Accordingly, I formalise a form of explanatory resistance in which the explainee feigns misunderstanding to corner the explainer into exposing the problematic assumptions upon which their explanation depends. Second, I situate wrongful requests for understanding within the epistemic injustice schema as “explanatory injustices,” emphasising the fact that marginalised groups are also specifically marginalised within the explanation economy. I conclude that we should be more cognisant of the way in which explanations track power, and be prepared to undertake resistance in order to expose moral and epistemic shortcomings in how we explain. (shrink)

Hornsby and Langton (H&L), put forward the idea of silencing as an “illocutionary disablement”. Appealing to Austin’s speech act theory, they situate silencing as opposite to speech act and argue that when there is silencing, people’s illocutionary act fails and their right to free speech is violated. -/- This paper presents a defence of H&L’s account of silencing, against objections raised by Ishani Maitra (2009). Maitra questions the model of illocutionary silencing by arguing that Austin’s illocutionary model is inaccurate and (...) vague hence, not useful for the discussions of silencing. -/- In response, I argue that Maitra’s understanding of the perlocutionary act is misguided and requires a critical examination. Maitra discusses the notion of the perlocutionary act as the goals that the speaker achieves by securing the uptake. I oppose such a view by arguing that securing the uptake does not ensure the performance of a perlocutionary act. (shrink)

I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...) Second, it facilitates efforts to combat hatred by revealing which prejudiced members of society must be persuaded or discredited by those seeking to promote tolerance. (shrink)

I introduce game-theoretic models for threats to the discussion of threats in speech act theory. I first distinguish three categories of verbal threats: conditional threats, categorical threats, and covert threats. I establish that all categories of threats can be characterized in terms of an underlying conditional structure. I argue that the aim—or illocutionary point—of a threat is to change the conditions under which an agent makes decisions in a game. Threats are moves in a game that instantiate a subgame in (...) which the addressee is ‘under threat’. (shrink)

A number of philosophers have become interested in the ways that individuals are subject to harm as the performers of illocutionary acts. This paper offers an account of the underlying structure of such harms: I argue that speakers are the subjects of illocutionary harm when there is interference in the entitlement structure of their linguistic activities. This interference comes in two forms: denial and incapacitation. In cases of denial, a speaker is prevented from achieving the outcomes to which they are (...) entitled by their speech. In cases of incapacitation, a speaker’s standing to expect certain outcomes is itself undermined. I also discuss how individual speakers are subject to interference along two dimensions: as exercisers of certain non-linguistic capacities, and as producers of meaningful speech. (shrink)

Catharine MacKinnon has claimed that pornography is the subordination of women. Rae Langton has defended the plausibility and coherence of this claim by drawing on speech act theory. I argue that considering the role of context in speech acts poses serious problems for Langton's defence of MacKinnon. Langton's account can be altered in order to accommodate the role of context. Once this is done, however, her defence of MacKinnon no longer looks so plausible. Finally, I argue that the speech act (...) approach (adapted to account for context) offers an appealing way to make sense of disagreements over pornography; but also that this will probably not be so appealing to most proponents of the speech acts approach. (shrink)

This article discusses recent feminist arguments for the possible existence of an interesting link between treating things as people and treating people as things. It argues, by way of a historical case study, that the connection is more complicated than these arguments have supposed. In addition, the essay suggests some possible general links between treatment of things and treatment of people.

la noción de perlocución ha resultado problemática desde su primera formulación en Austin . Se exploran dos vías diferentes para su clarificación. la vía reconstructiva examina las ambigüedades incrustadas en la caracterización austiniana y trata de deshacerlas mediante taxonomías basadas en criterios precisos. la vía eliminativa , finalmente adoptada, propone sustituirla por una noción alternativa, la de marco situacional de una emisión, capaz de servir mejor al propósito de estudiar “el acto de habla total en la situación de habla total”.

Objectification involves treating someone as a thing. The role of images in perpetuating objectification has been discussed by feminist philosophers. However, the precise effect that images have on an individual's visual system is seldom explored. Kathleen Stock’s work is an exception—she describes certain images of women as causing viewers to develop an objectifying ‘gestalt’ which is then projected onto real-life women. However, she doesn’t specify the level of visual processing at which objectification occurs. In this paper, I propose that images (...) can affect a viewer's early visual system. I will argue that if a viewer is exposed to a lot of images that depict women as sexual objects, this will bias their early visual selection mechanisms in a way that can result in an objectifying way of seeing. This is an important contribution to work on objectification as it incorporates empirical studies on vision and findings from philosophy of mind. It also examines some of the epistemic and moral consequences of objectification occurring at this early visual stage. (shrink)

Deepfakes are a new form of synthetic media that broke upon the world in 2017. Bringing photoshopping to video, deepfakes replace people in existing videos with someone else’s likeness. Currently most of their reach is limited to pornography, and they are also used to discredit people. However, deepfake technology has many epistemic promises and perils, which concern how we fare as knowers. Our goal is to help set an agenda around these matters, to make sure this technology can help realize (...) epistemic rights and epistemic justice and unleash human creativity, rather than inflict epistemic wrongs of any sort. Our project is exploratory in nature, and we do not aim to offer conclusive answers at this early stage. There is a need to remain vigilant to make sure the downsides do not outweigh the upsides, and that will be a tall order. (shrink)

In this paper, I derive a test for distinguishing between derogatory terms by expanding upon Seana Shiffrin’s recent “thinker-based approach.” Protection on her account extends to many forms of speech due to a connection between speech and an individual’s development of autonomous thought. Shiffrin questions whether there is protection for corporate and commercial speech. The latter have a tendency to interfere with autonomous thought processes and do not clearly serve their development. I argue that these reasons for limitation serve as (...) a basis for making nuanced distinctions for general regulation and applying this approach to controversies surrounding derogatory team names in sport. Many kinds of speech can be offensive and derogatory, yet I argue that only some may be said to be parasitic on communicative endeavors and legitimately fall outside free speech values as a result. Regulation should not be concerned with the content of speech, the manner in which certain words are spoken, or even the speaker’s positive or negative intent. Instead, the focus should remain on autonomous mental development of speakers and hearers. (shrink)

This paper identifies a distinctive kind of moral luck, deep circumstantial luck and then explores its effects on moral responsibility. A key feature of the phenomenon is that it is recurrent rather than one-off. It also affects agents across a wide range of situations making it difficult to detect. Deeply unlucky agents are subject to unfavourable moral assessments through no fault of their own both in specific cases and when they try to respond to such initial assessments. In this respect, (...) deep circumstantial luck takes the form of a normative burden that grows over time. A process-oriented conception of moral responsibility as answerability is proposed to explain this phenomenon and highlight its implications for rethinking vicarious responsibility. (shrink)

Slurring is a kind of hate speech that has various effects. Notable among these is variable offence. Slurs vary in offence across words, uses, and the reactions of audience members. Patterns of offence aren’t adequately explained by current theories. We propose an explanation based on the unjust power imbalance that a slur seeks to achieve. Our starting observation is that in discourse participants take on discourse roles. These are typically inherited from social roles, but only exist during a discourse. A (...) slurring act is a speech-act that alters the discourse roles of the target and speaker. By assigning discourse roles the speaker unjustly changes the power balance in the dialogue. This has a variety of effects on the target and audience. We show how these notions explain all three types of offence variation. We also briefly sketch how a role and power theory can help explain silencing and appropriation. Explanatory power lies in the fact that offence is correlated with the perceived unjustness of the power imbalance created. (shrink)

In this paper, I explain the kinematics of non-ideal metalinguistic disagreement. This occurs when one speaker has greater control in the joint activity of pairing contents with words in a context. I argue that some forms of non-ideal metalinguistic disagreement are deeply worrying, namely those that involves certain power imbalances. In such cases, a speaker possesses illegitimate control in metalinguistic disagreement owing to the operation of identity prejudice. I call this metalinguistic injustice. The wrong involves restricting a speaker from participating (...) in the processes that determine the epistemic/linguistic resources of a conversation, and/or undermining a speaker's ability to affect metalinguistic outcomes. (shrink)

One way to silence the powerless, Langton has taught us, is to pre-emptively disable their ability to do things with words. In this paper I argue that speakers can be silenced in a different way. You can let them speak, and obscure the meaning of their words afterwards. My aim is to investigate this form of silencing, that I call retroactive distortion. In a retroactive distortion, the meaning of the words of a speaker is distorted by the effect of a (...) subsequent speech act by a different speaker. After introducing this notion, I explore some reasons why retroactive distortions can be difficult to challenge and argue that, besides constituting a communicative injustice, they can eliminate topics from public consideration and therefore erode public debate. (shrink)

1. One of Aesop's fables tells of a speech act gone awry: A shepherd-boy, who watched a flock of sheep near a village, brought out the villagers three or four times by crying out, ‘Wolf! Wolf!’ and...

Through her silencing thesis, Langton has contributed to the study of epistemic injustice by highlighting a possible cause of such a phenomenon: She asserts that the pornographic representation of sexual relationships affects the felicity conditions of speech uttered by women, so this speech is not understood as an illocution by men. This fact arguably undermines women’s credibility, since their testimony is not even registered in men’s testimonial sensibility. However, this thesis entails problematic consequences from at least two standpoints. From a (...) theoretical perspective, it enacts a circularity when it comes to the empirical individuation of the subordinative effects of pornography. I will point out that this problem arises from Langton’s substantive conception of power, i.e. from her notion of authority as an attribute which can be ascribed to preexisting subjects. From a political perspective, such conception of power allows Langton to performatively rank women as credible when testifying sexual violence, but it also leads her to silencing alternative political strategies, e.g. the ones proposed by Butler. Hence, I propose to consider this form of silencing as a specific kind of epistemic injustice, one that neutralises the performative value of political discourses. (shrink)

Despite its status at the heart of a closely related field, philosophers have so far mostly overlooked a phenomenon sociolinguists call ‘social meaning’. My aim in this paper will be to show that by properly acknowledging the significance of social meanings, we can identify an important new set of forms that discursive injustice takes. I begin by surveying some data from variationist sociolinguistics that reveal how subtle differences in the way a particular content is expressed allow us to perform importantly (...) different illocutionary actions, actions we use to do things like constructing a public persona and building a rapport with an audience. The social importance of these activities and the pervasiveness of our engagement in them means that the ethical stakes involved are high—substantial injustices may result if speakers from different social groups are differently empowered with regard to the illocutionary possibilities made available to them by variation. (shrink)

When J.R. Cash (Johnny Cash) sings that he shot a man in Reno just to watch him die, audiences impressed by the singer's skillful creation and depiction of a nihilistic lyrical subject clap and cheer. When Terrell Doyley (Skengdo) and Joshua Malinga (A.M.) sang broadly similar lyrics at a concert in 2018, London's Metropolitan Police and the Crown Prosecution Service took them to be describing violent acts they had participated in and violent intentions they harbored, and the lyrics were used (...) as the basis for legal proceedings against the singers that resulted in convictions. In this paper, I will argue that Doyley and Malinga's case illustrates a distinctive and important form that epistemic injustice can take. By failing to see their lyrics as speech that involves the exercise of their capacity for imagination, the police and prosecutors treat them as an impoverished sort of epistemic agent. I will call the wrong involved in cases like this onepoetic injustice. (shrink)

The twenty-first century will witness an unprecedented decline in the diversity of the world’s languages. While most philosophers will likely agree that this decline is lamentable, the question of what exactly is lost with a language has not been systematically explored in the philosophical literature. In this paper, I address this lacuna by arguing that language loss constitutes a problematic form of illocutionary silencing. When a language disappears, past and present speakers lose the ability to realize a range of speech (...) acts that can only be realized in that language. With that ability, speakers lose something in which they have a fundamental interest: their standing as fully empowered members of a linguistic community. (shrink)

Some argue against coercive preventive measures on the grounds that they amount to cloaked forms of punishment. Others offer a qualified defence of such measures on the grounds that such measures have substantively different goals and purposes from punishment. Focusing on the case of civil preventive injunctions, I clear the ground and provide reasons for a third logical possibility: that coercive preventive measures are relevantly similar to punishment, but this does not itself give us a reason to oppose them. ‘Punishment’ (...) has a great deal of rhetorical force, and it thereby distracts us from the justificatory work that we need to do to specify proper restrictions on the state’s coercive powers. Whereas many commentators have proposed that legal theory provides grounds for challenging civil preventive orders, I argue for the opposite view. If we understand properly the function of civil preventive orders, we will endorse them at least in principle, and will come to rethink some central ideas in the grounding of the criminal justice processes. (shrink)

James Harold’s Dangerous Art (2020) is a provocative and stimulating contribution to contemporary debates about the relationship between art and ethics—one that, I am sure, will redirect philosophical discussion in productive and important ways. In my view, the first half of Harold’s book will prove especially useful in advancing stalled debates by shifting our focus from the ethical features of artworks themselves to how those works affect us and the role they play in our communities (p. 96). Much of what (...) Harold says strikes me as plausible and persuasive—particularly in the book’s first half, in which he focuses on the question of the ethically relevant effects of art. Therefore, in my role as critic, I will offer one suggestion for a way that Harold might refine his view on this topic—namely, by allowing that there are some cases in which what artists do in their artworks is both the proper object of ethical appraisal and closely connected to the effects their art has on us. I will then critically explore an aspect of the book that I found less convincing: Harold’s case for expressivism in Chapters 6 and 7. (shrink)

The thesis that law necessarily claims authority is popular amongst legal philosophers. Some distinguished legal philosophers, including the late John Gardner, Joseph Raz and Scott Shapiro, have suggested that support for this thesis is found in legal officials’ use of deontic language. This article begins by considering the merits of this suggestion. I discuss two unpromising arguments for the claim thesis based on the use of deontic language in law. I then suggest that a more plausible basis for the claim (...) thesis lies in the felicity conditions of the speech acts that legal officials perform. In the absence of an explicit claim to authority, legal officials make a presupposition to authority over their subjects. The presupposition arises from interaction between the felicity conditions of legal speech acts and basic norms of cooperative communication. I consider some implications of this conclusion for our understanding of legal authority. (shrink)

While the right to freedom of expression is of great importance in liberal societies, liberal governments should be wary of speech that disparages minority groups. This issue is particularly problematic when minority women publicly criticise gender oppression within their communities. By focusing on the controversy over the play Behzti in 2004, this article explores the difficulties involved in protecting individual women’s rights to criticise injustice, when doing so risks perpetuating negative stereotypes in society at large. If liberal polities wish to (...) preserve an ethos in society that enables minority women to speak out about their experience of oppression, then there is sometimes a case for restricting the right to free speech in these cases. By comparing Behzti with two other works, the article proposes a three-part test to indicate when liberals should seriously consider informal restrictions on free speech when this problem arises. (shrink)

Rae Langton and Jennifer Hornsby argue that there may be a free-speech argument against pornography, if pornographic speech has the power to illocutionarily silence women: women's locution ‘No!’ that aims to refuse unwanted sex may misfire because pornography creates communicative conditions where the locution does not count as a refusal. Central to this is the view that women's speech lacks uptake, which is necessary for illocutionary acts like that of refusal. Alexander Bird has critiqued this view by arguing that uptake (...) is not necessary for the illocutionary act of refusal. The Hornsby-Langton view, then, is philosophically indefensible. Here I defend the philosophical cogency of the Hornsby-Langton approach. (shrink)

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)

Jennifer Saul has argued that the speech acts approach to pornography, where pornography has the illocutionary force of subordinating women, is undermined by that very approach: if pornographic works are speech acts, they must be utterances in contexts; and if we take contexts seriously, it follows that only some pornographic viewings subordinate women. In an effort to defend the speech acts approach, Claudia Bianchi argues that Saul focuses on the wrong context to fix pornography’s illocutionary force. In response, I defend (...) Saul arguing that Bianchi doesn’t show Saul has focused on the wrong context. (shrink)

Meaningful work refers to the idea that human work is an integral part of the way we think of our lives as going well. The concept is prevalent in sociology and business studies. In philosophy, its discussion tends to revolve around matters of justice and whether the State should take steps to eradicate meaningless work. However, despite the breadth of the recent, general literature, there is little to no discussion about how it is in fact the case that work is (...) meaningful. There is a basic assumption that certain facts about work make it meaningful. After noting the shortcomings in the literature, this essay argues that we can better understand the production of meaning in work by an analogy to speech acts. Using Paul Ricoeur’s theory of action as discourse, one can see how meaning is predicated in the performance of work in ways that are locutionary, illocutionary, and perlocutionary. (shrink)

Holocaust denial (HD) is the activity of denying the occurrence of key events and processes which constitute the Holocaust. Should it be tolerated? HD brings into particularly sharp focus many difficult questions faced by defenders of content-neutral liberal principles protecting freedom of expression. I argue that there are insufficient grounds for the legal prohibition of HD, but that society has the right and the duty to expel and exclude deniers from the Academy.

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: it is physically impossible for a woman to rape a man; it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; rape is a gendered crime. I argue that, as (...) these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: men are ‘always up for sex’; women’s sexual purity is more important than men’s; sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally. (shrink)

In this paper, I develop two criticisms of Miranda Fricker’s attempt to offer an interpretation of MacKinnon’s claim that pornography silences women that conceives of the silencing in question as an extreme form of testimonial injustice. The intended contrast is with the speech act theoretical model of silencing familiar from Rae Langton and Jennifer Hornsby, who appeal to MacKinnon’s claim to argue against the standard liberal line on pornography, which takes a permissive stance to be demanded by a right to (...) freedom of speech. Fricker’s alternative suggestion is that women are the victims of ‘an especially acute form of testimonial injustice’, due to the kind of dehumanizing bad sexual ideology peddled in much pornography. Fricker suggests that both notions of silencing are coherent possibilities, but that ‘the epistemic model describes the more empirically likely possibility, simply because it requires less erosion of women’s human status before the silencing effect kicks in’. I question the truth of this advertised advantage of Fricker’s epistemic account of silencing, but also its relevance to philosophical debates about pornography and silencing. Second, I raise a concern about theorizing about sexual refusal as a kind of testimony, as Fricker does. (shrink)

Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention. The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for (...) the importance of a different type of silencing. As we shall see, there are compelling reasons in favor of regarding H&L silencing as a free speech violation and, as I argue here, the same can be said for sincerity silencing. Although additional work needs to be done to show that either one actually is a free speech violation, I demonstrate here that both types of silencing equally warrant this further attention. Moreover, I show that sincerity silencing is a fairly widespread phenomenon; so, therefore, is the harm it constitutes. As a result of these considerations, then, we can safely conclude that sincerity silencing also requires our attention. (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)

I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

Silencing is a speech-related harm. We here focus on one particular account of silencing offered by Jennifer Hornsby and Rae Langton. According to this account, silencing is systematically generated, illocutionary-communicative failure. We here raise an apparent challenge to that account. In particular, we offer an example—the drowning case—that meets these conditions of silencing but does not intuitively seem to be an instance of it. First, we explore several conditions one might add to the Hornsby-Langton account, but we argue that none (...) are satisfactory. Then, we further explore the systematicity condition, which is insufficiently characterized in the current literature. Although we explore several promising ways to further characterize this condition, we ultimately conclude that more work needs to be done. Consequently, because this systematicity condition is under-specified, the Hornsby-Langton account of silencing is incomplete. (shrink)

On Pragmatics, Exercitive Speech Acts and Pornography Suppose that a suspect being questioned by the police says, "I think I'd better talk to a lawyer." Whether that suspect has invoked her right to an attorney depends on which particular speech act her utterance is. If she is merely thinking aloud about what she ought to do, then she has not invoked that right. If, on the other hand, she has thereby requested a lawyer, she has. Similarly, suppose that an unhappily (...) married man says "I want my wife dead." Whether he has thereby solicited his wife's murder depends on which particular speech act his utterance is. If he is merely describing his desires, he has committed no crime. If, by contrast, he has thereby hired an assassin, he has. As one can see, experts on speech acts have a lot to say about various issues in the law.I believe that expertise in speech act theory also illuminates various issues regarding free speech. In what follows, we consider how speech act theory may apply to certain arguments regarding the free speech status of pornography. In particular, we consider several speech act accounts of MacKinnon's claim that pornography subordinates women, but, before turning to such accounts, some background is offered. (shrink)