This paper argues that an addressee's failure to recognize a speaker's authority can constitutes another form of silencing.

In this paper, I present a new (i.e., previously overlooked) breed of exercitive speech act (the conversational exercitive). I establish that any conversational contribution that invokes a rule of accommodation changes the bounds of conversational permissibility and is therefore an (indirect) exercitive speech act. Such utterances enact permissibility facts without expressing the content of such facts, without the speaker intending to be enacting such facts and without the hearer recognizing that it is so. Because of the peculiar nature ofthe rules (...) of accommodation that generate them, conversational exercitives have importantly different felicity conditions and therefore constitute a new breed ofexercitive speech act. (shrink)

Many pornographic works seem to count as works of fiction. This apparent fact has been thought to have important implications for ongoing controversies about whether some pornography carries problematic messages and so influences the attitudes (and perhaps even the behaviour) of its audience. In this paper, I explore the claim that pornographic works are fictional and the significance that this claim has for these issues, with a particular focus on pornographic films. Two related morals will emerge. First, we need to (...) pay attention not merely to whether entire pornographic works should be classified as fictional, but to the way that pornographic fictions (like fictional works more generally) have both fictional and non-fictional elements. Second, we have to understand the ways that pornographic works can blur the lines between fiction and non-fiction, misleading their audiences into taking their fictional elements to be revealing truths about non-fictional reality. In the case of pornographic films, we will examine how a pornographic fiction can be portrayed by people having sex on camera, and the ways in which this portrayal can mislead viewers about sex in the non-fictional world. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...) the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

Speech act theorists tend to hold that the illocutionary force of an utterance is determined by one interlocutor alone: either the speaker or the hearer. Yet experience tells us that the force of our utterances is not determined unilaterally. Rather, communication often feels collaborative. In this paper, I develop and defend a collaborative theory of illocutionary force, according to which the illocutionary force of an utterance is determined by an agreement reached by the speaker and the hearer. This theory, which (...) builds upon linguistic and sociological work on adjacency pairs and conversational interaction, can accommodate the complexity of speaker intentions (which may be disjunctive, indeterminate, and/or inconsistent over time), and renders speech act theory more compatible with theories of common ground. (shrink)

In this paper, I re-interpret Hart’s concept of the rule of recognition using the theoretical framework of J. L. Austin’s speech act theory, in particular by treating recognition, change and adjudi...

My main argument in this paper is that the right to freedom of expression is not a single right, complex as it may be, but spans two separate rights that I label the right to speak and the right to hear. Roughly, the right to speak stands for the right of a person to express freely whatever they wish to communicate to some other persons or to the public at large. The right to hear stands for the right to have (...) free and unfettered access to any kind of content that has been communicated by others. The right to speak and the right to hear are two separate rights, grounded in different kinds of interests. I try to show that this division of rights and their respective rationales can be utilized to explain how we think about some of the limits of the right to freedom of expression, particularly in the context of conflicts between the right to speak and the right to hear, conflicts that are rather pervasive. I also argue, though perhaps less conclusively, that in thinking about the limits of freedom of expression, an exclusive focus on the harm principle would be misguided. There is no reason to deny that speech is often harmful, sometimes very much so, but the prevention of harm is not sufficient to justify legal prohibition, at least not in this case. (shrink)

How can we disagree with a bald-faced liar? Can we actively disagree if it is common ground that the speaker has no intent to deceive? And why do we disapprove of bald-faced liars so strongly? Bald-faced lies pose problems for accounts of lying and of assertion. Recent proposals try to defuse those problems by arguing that bald-faced lies are not really assertions, but rather performances of fiction-like scripts, or different types of language games. In this paper, I raise two objections (...) to the fictionalist view, and then offer an analysis of how we disagree with bald-faced liars. I conclude that bald-faced lies are assertions, and that in pronouncing a bald-faced lie, the speaker tries to make it common ground that the assertion was in good standing qua assertion. (shrink)

Catharine MacKinnon has pioneered a new brand of anti-pornography argument. In particular, MacKinnon claims that pornography silences women in a way that violates their right to free speech. In what follows, we focus on a certain account of silencing put forward by Jennifer Hornsby and Rae Langton, and we defend that account against two important objections. The first objection contends that this account makes a crucial but false assumption about the necessary role of hearer recognition in successful speech acts. In (...) response, we argue that, as silencing primarily concerns communication, Hornsby and Langton are perfectly correct to treat hearer recognition as they do. The second objection contends that their particular account of silencing has the unacceptable result of undermining the responsibility of rapists. We here argue that no such result follows from their account. (shrink)

It has been argued that an adequate feminist response to sexist pornography demands not just efforts to eradicate sexist beliefs, but also aesthetic counter-intervention at the level of taste. This view motivates support for feminist pornography. This paper takes the feminist pornography suggestion seriously by unpacking difficulties for the project. I begin by spelling out two views about what makes feminist pornography feminist: the ‘content view,’ and the ‘context view,’ and discuss what I take to be existing arguments for the (...) latter. I then present two objections to the context view: the first focuses on how we characteristically interact with pornography (as a masturbatory aid), the second challenges the value of authenticity upon which much feminist pornography rests. If these arguments are correct, then there are serious flaws with feminist pornography as it is commonly conceived. I close with a brief suggestion of an alternative approach rooted in feminist solidarity. (shrink)

Pornography deserves special protections, it is often said, because it qualifies as speech. Therefore, no matter what we think of its content, we must afford it the protections that we extend to most speech, but don’t extend to other actions.1 In response, Jennifer Hornsby and Rae Langton have argued that the case is not so simple: one of the harms of pornography, they claim, is that it silences women’s speech, thereby preventing women from deriving from speech the very benefits that (...) warranted the special protections in the first place.2 At first glance, it is hard to see how to make sense of this response. If the claim is that pornography prevents women from actually uttering words, then it just seems false; on the other hand, if that isn’t the claim, then it isn’t clear how anyone can be said to be silenced. Faced with such worries, many have been inclined to dismiss these claims about silencing as confused. (shrink)

In this paper, I shall be concerned with the phenomenon that has been labeled silencing in some of the recent philosophical literature. A speaker who is silenced in this sense is unable to make herself understood, even though her audience hears every word she utters. For instance, consider a woman who says “No”, intending to refuse sex. Her audience fails to recognize her intention to refuse, because he thinks that women tend to be insincere, and to not say what they (...) really mean, especially in sexual situations.1 This speaker’s utterance then goes astray in the manner that constitutes silencing in my sense. Regarding this phenomenon, philosophers such as Rae Langton and Jennifer Hornsby have argued, first, that women are particularly liable to be thus affected, i.e., silenced; second, that, as a result of this silencing, they are systematically disadvantaged; and third, that pornography is responsible for this silencing. (shrink)

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.

Art and pornography are often thought to be mutually exclusive. The present article argues that this popular view is without adequate support. Section 1 looks at some of the classic ways of drawing the distinction between these two domains of representation. In Section 2, it is argued that the classic dichotomies may help to illuminate the differences between certain prototypical instances of pornography and art, but will not serve to justify the claim that pornography and art are fundamentally incompatible. Section (...) 3 considers those definitions of pornography that make an a priori distinction between pornographic and artistic representations. The difference between the ‘merely’ erotic and the pornographic is also discussed in this context. Section 4 provides a critical assessment of the most recent and elaborate arguments against the compatibility of pornography and art. Finally, in Section 5, a case is made for the existence of pornographic art, as a subcategory of erotic art. (shrink)

Democratic legitimacy is often grounded in proceduralist terms, referring to the ideal of political equality that should be mirrored by fair procedures of decision-making. The paper argues (§1) that the normative commitments embedded in a non-minimalist account of procedural legitimacy are well expressed by the ideal of co-authorship. Against this background, the main goal of the paper is to argue that structural forms of epistemic injustice are detrimental to the overall legitimacy of democratic systems. In §2 I analyse Young’s notion (...) of political powerlessness and claim that in structurally unjust social contexts members of powerless groups often are not properly acknowledged as functioning members of the polity, hence being jeopardized in their ability to develop part of their personal identity. In §III, I define gerrymandering as an example of political disempowerment that involves an epistemic harm for oppressed citizens, namely, to be prejudicially excluded from the community of epistemic trust. My thesis is that being epistemically disempowered has a negative impact on the way in which citizens understand themselves as political actors, since they suffer a lack of social recognition that may impede a proper development of their reflexive agency. In §IV, I discuss the proposal of granting epistemic privilege to members of oppressed groups, given their specific experience of social injustices. I introduce two concerns about this proposal, one morally grounded and one pragmatically oriented. Finally, in §V, I briefly sketch some institutional remedies that can be employed in order to politically fight systemic forms of epistemic injustice. (shrink)

In this paper, I argue that an utterance can function to conserve or maintain the truth of its asserted content, what I call conservative speech. Conservative utterances can work to preserve the truth of their asserted content in two ways. In the first, directive conservatives, the utterance serves as an indirect directive for interlocutors to act in ways that serve to maintain the asserted content. In the second, constitutive conservatives, serve to partly constitute the truth conditions of the asserted content (...) directly. Constitutive conservatives, I argue, are particularly important because they are a central tool for how social groups enforce and thereby maintain facts about group norms and values in the face of deviation. They thus have a central role to play in understanding the role of language in the abilities of social groups to create and maintain their norms and values. (shrink)

I argue that the field of bioethics is gendered feminine, but that the methods it uses to resist this gender identity pose real harm to actual women. Starting with an explanation of what I take ?gender? to be, I enumerate four drawbacks to being gendered feminine. I then argue that bioethics suffers from three of the same four drawbacks. I show how the field escapes the fourth disadvantage by adopting a masculine persona that inflicts damage on women, and conclude by (...) urging bioethicists to reflect on their complicity in abusive power systems such as gender, race and class. (shrink)

In this paper, I argue that since artworks cannot take moral responsibility, it is impossible to establish any sort of ethical criticism towards them for their own sake. Ethical criticism of art is inevitably directed at the artist(s), who can take moral responsibility for creating or performing the art in certain ways. Therefore, we should distinguish between two types of criticism towards art: (1) the ethical criticism should be contextualized within the author-work framework, meaning that the extent to which the (...) author can take moral responsibility will significantly affect the ethical criticism of art, while artworks can serve as acts or evidence of acts (of the author) in ethical criticism; (2) ‘ethical’ criticism of art for the work’s own sake should be excluded from the ethical issue and instead reconstructed in the causal issue. (shrink)

According to the influential “expressive” argument for hate speech laws, legal restrictions on hate speech are justified, in significant part, because they powerfully express opposition to hate speech. Yet the expressive argument faces a challenge: why couldn't we communicate opposition to hate speech via counterspeech, rather than bans? I argue that the expressive argument cannot address this challenge satisfactorily. Specifically, I examine three considerations that purport to explain bans’ expressive distinctiveness: considerations of strength; considerations of directness; and considerations of complicity. (...) These considerations either fail to establish that bans are expressively superior to counterspeech, or presuppose that bans successfully deter hate speech. This result severely undercuts the expressive argument's appeal. First, contrary to what its proponents suggest, this argument fails to circumvent the protracted empirical controversies surrounding bans’ effectiveness as deterrents. Second, the expressive argument appears redundant, because bans are expressively distinctive only insofar as hate speech is already suppressed. (shrink)

Ignorant speech, which spreads falsehoods about people and policies, is pervasive in public discourse. A popular response to this problem recommends countering ignorant speech with more speech, rather than legal regulations. However, Mary Kate McGowan has influentially argued that this ‘counterspeech’ response is flawed, as it overlooks the asymmetric pliability of conversational norms: the phenomenon whereby some conversational norms are easier to enact than subsequently to reverse. After demonstrating that this conversational ‘stickiness’ is an even broader concern for counterspeech than (...) McGowan suggests—it applies not just to oppressive or hateful speech, but also to ordinary policy-related misinformation—I argue that a more sophisticated account of counterspeech can nevertheless overcome it. First, the stickiness objection overlooks the distinction between ‘negative’ and ‘positive’ counterspeech. Instead of directly negating a distorted proposition, positive counterspeech affirms a correct proposition that is inconsistent with the falsehoods at hand. This, I contend, allows it to counter ignorant speech without triggering the properties that render it sticky. Second, the stickiness objection presupposes an unrefined conception of counterspeech’s temporality. Counterspeech should be understood as a diachronic process, which not only follows, but also pre-empts, ignorant utterances. Drawing on speech-act theories of silencing, I argue that pre-emptive counterspeech can condition the conversational context so as to prevent subsequent ignorant utterances from enacting sticky conversational norms. Thus, this theoretically-refined conception of counterspeech helps appreciate how verbal responses might overcome the stickiness of conversational norms; and, in doing so, it reveals that this stickiness need not provide reasons to prefer legal remedies to counterspeech. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Casting a Vote for Subordination Using a SlurDuckkyun Lee1. IntroductionIn this paper, I develop an account of slurs focusing on their two underappreciated features. The first underappreciated feature is what I call their "communal nature." Slurs are communal. The meaning of a slur depends on the existence of a significant number of people who are bigoted against the target. When this condition is not satisfied, a slur loses its (...) power to offend. This can be seen when we consider how philosophers choose examples of slurs to avoid offending people. For example, Williamson, in his essay "Reference, Inference and the Semantics of Pejoratives," uses a slur for Germans as his main example. What makes the slur for Germans a safe example to use is the fact that there is no widespread bigotry against Germans in any Anglophone country. Had there been strong enmity between Germans and the people in the Anglophone countries, even if Williamson had chosen an outdated slur, his example would not have been such a safe choice. Slurs are words that bigots use to offend and harm the people they are bigoted against. When there are no bigots, neither are there slurs.The focus on the communal nature of slurs leads to the second underappreciated feature of slurs. A bigot does not use a slur just to express his beliefs or feelings, but to subordinate his target. To subordinate others, a bigot needs to cooperate and coordinate with other bigots. In this paper, I will propose a mechanism for how slurs work as a tool for coordinating subordination. To account for the communal and subordinating nature of slurs, I turn to speech act theory and explain what kind of illocutionary act is performed when one uses a slur.1My proposal is to understand utterances made using a slur, or slurring,2 as an act of casting a vote for ranking the target as socially inferior. On this [End Page 37] view, a slur is a conventional tool used to cast a vote demanding the subordination of its target. The considerations that motivate this view are as follows: First, the uses of a slur are the results of consciously choosing it over its neutral counterpart. By explicitly avoiding a neutral counterpart term, one can show their support for fellow bigots and the willingness to participate in whatever activity they do. Second, the point of using a slur does not seem to be exhausted by its role of expressing the bigot's negative beliefs about the target. We can see this when we consider that the way to fight a slur is to impose strict prohibitions against its use, not by objecting to the content of the slurring utterance. This can be better explained when we understand the slur as a conventional tool for the performance of a certain type of action, rather than a word that has distinctive descriptive content different from the descriptive content of its neutral counterpart. Finally, the point of some speech acts is not just expressing the state of the mind of the speaker. The point of some speech acts is to change what is the case in society. To make an utterance using a slur seems to fall into this latter category of speech acts. What would bigots be up to if they were not engaged in the project of creating a society where their target was inferior to them? This consideration suggests that making an utterance using a slur might fall into the kind of speech act Searle calls declaration (Taxonomy 361–68). As a declaration, slurring is an attempt to change society such that the target is subordinated.Insofar as an election is understood as a process within which people collectively decide on what should be the case in society by indicating their stance for or against a proposal, slurring can be understood as a casting of a vote in the election bigots' proposal to subordinate their target. I argue that this account can better explain why a slur cannot function as a slur without there being a significant number of bigots, and how it is used to coordinate the bigots' effort of subordinating their target.The paper... (shrink)

: Michèle Le Dœuff discusses the revival of feminism in France, including the phenomenon of state-sponsored feminism, such as government support for "parity": equal numbers of women and men in government. Le Dœuff analyzes the strategically patchy application of this revival and remains wary about it. Turning to the work of seventeenth-century philosopher Gabrielle Suchon, Le Dœuff considers her concepts of freedom, servitude, and active citizenship, which may well, she argues, have influenced Jean-Jacques Rousseau. Le Dœuff favorably juxtaposes the active (...) citizenship defended by Suchon with the kind of citizenship implicitly supported by recent French government feminism. (shrink)

Michèle Le Dœuff discusses the revival of feminism in France, including the phenomenon of state-sponsored feminism, such as government support for “parity”: equal numbers of women and men in government. Le Dœuff analyzes the strategically patchy application of this revival and remains wary about it. Turning to the work of seventeenth-century philosopher Gabrielle Suchon, Le Dœuff considers her concepts of freedom, servitude, and active citizenship, which may well, she argues, have influenced Jean-Jacques Rousseau. Le Dœuff favorably juxtaposes the active citizenship (...) defended by Suchon with the kind of citizenship implicitly supported by recent French government feminism. (shrink)

Michèle Le Dœuff discusses the revival of feminism in France, including the phenomenon of state-sponsored feminism, such as government support for “parity”: equal numbers of women and men in government. Le Dœuff analyzes the strategically patchy application of this revival and remains wary about it. Turning to the work of seventeenth-century philosopher Gabrielle Suchon, Le Dœuff considers her concepts of freedom, servitude, and active citizenship, which may well, she argues, have influenced Jean-Jacques Rousseau. Le Dœuff favorably juxtaposes the active citizenship (...) defended by Suchon with the kind of citizenship implicitly supported by recent French government feminism. (shrink)

Michèle Le Dœuff discusses the revival of feminism in France, including the phenomenon of state-sponsored feminism, such as government support for “parity”: equal numbers of women and men in government. Le Dœuff analyzes the strategically patchy application of this revival and remains wary about it. Turning to the work of seventeenth-century philosopher Gabrielle Suchon, Le Dœuff considers her concepts of freedom, servitude, and active citizenship, which may well, she argues, have influenced Jean-Jacques Rousseau. Le Dœuff favorably juxtaposes the active citizenship (...) defended by Suchon with the kind of citizenship implicitly supported by recent French government feminism. (shrink)

Humanoid robots used for sexual purposes are beginning to look increasingly lifelike. It is possible for a user to have a bespoke sexbot created which matches their exact requirements in skin pigmentation, hair and eye colour, body shape, and genital design. This means that it is possible—and increasingly easy—for a sexbot to be created which bears a very high degree of resemblance to a particular person. There is a small but steadily increasing literature exploring some of the ethical issues surrounding (...) sexbots, however sexbots made to look like particular people is something which, as yet, has not been philosophically addressed in the literature. In this essay I argue that creating a lifelike sexbot to represent and resemble someone is an act of sexual objectification which morally requires consent, and that doing so without the person’s consent is intrinsically wrong. I consider two sexbot creators: Roy and Fred. Roy creates a sexbot of Katie with her consent, and Fred creates a sexbot of Jane without her consent. I draw on the work of Alan Goldman, Rae Langton, and Martha Nussbaum in particular to demonstrate that creating a sexbot of a particular person requires consent if it is to be intrinsically permissible. (shrink)

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate (...) speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires. (shrink)

We have the duty to object to things that people say. If you report something that I take to be false, unwarranted, or harmful, I may be required to say as much. In this paper, I explore how to best understand the distinctively epistemic dimension of this duty. I begin by highlighting two central features of this duty that distinguish it from others, such as believing in accordance with the evidence or promise‐keeping. In particular, I argue that whether we are (...) obligated to object is directly influenced not only by what other relevant members of the conversational context or community do, but also by the social status of the agent in question. I then show that these features are shared by the duty to be charitable, and the similarities between these two duties point to a potentially deeper explanation: while promise‐keeping is regarded as a classic perfect duty, charity is an imperfect one. I then argue that the duty to object can be modeled on a particular conception of imperfect duties, one that takes the duty to belong to communities and other collectives, rather than to individuals. I conclude by showing that this framework provides us with reason for accepting that there are imperfect epistemic duties in general. (shrink)

Discussions of uptake in the philosophy of language focus our attention on what role other people have in fixing the import, success, influence and social life of a speech act. The general idea in most discussions of uptake, despite their differences and disagreements, is whether and how an audience is cooperative or uncooperative when a speaker plays a critical role in how speech acts function. This essay is primarily concerned with “refusals”, or uncooperative uptakes. The essay analyzes the varieties of (...) refusal; when refusal is possible why it might be challenging and when it is ethical. It examines how and when the uptake of a speech act can constitute the pragmatic form and force of the original speech act. (shrink)

I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are entitled (...) to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages. (shrink)

Our autonomy can be compromised by limitations in our capacities, or by the power relationships within which we are embedded. If we insist that real consent requires full autonomy, then virtually no sex will turn out to be consensual. I argue that under conditions of compromised autonomy, consent must be socially and interpersonally scaffolded. To understand consent as an ethically crucial but nonideal concept, we need to think about how it is related to other requirements for ethical sex, such as (...) the ability to exit a situation, trust, safety, broader social support, epistemic standing in the community, and more. (shrink)

. Usually the ethics of humor revolves around the content of humor. After giving a synopsis and exposing some shortcomings of the recent controversies, this paper takes into account additional aspects and proposes a change of perspective from token to type level and deploys tools of the philosophy of language to tackle the question whether a joke as a type can be considered morally flawed irrespective of its tokens. After exploring possible ways one can think of to furnish evidence for (...) the opposite position, two novel lines of argumentation based on counterfactual conditionals and speech act theory are provided to show that these ways aren’t viable and that joke as types are ethically neutral. Moreover, the presented approach increases the resolution of the debate and provides a framework to capture other hitherto neglected questions of the philosophy of humor as well. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...) ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

This article argues against the term and concept of ‘hate speech’ and in favour of using the concept and term ‘discriminatory speech’. ‘Hate speech’ is a misnomer; we should name the harmful speech in question by what it in fact does: it discriminates. The article argues for this conceptual replacement claim by identifying a number of functions the concept ‘hate speech’ has been meant to serve and by arguing that extant concepts of hate speech have not served this function well. (...) Roughly, they do not serve the functions well because of five properties of hate speech: hate centricity, perpetrator centricity, intention centricity, emotion centricity, and individual centricity. The article then proposes a definition of discriminatory speech and argues that it fulfils the conceptual functions better. (shrink)

Drawing on recent work in formal pragmatic theory, this paper shows that the manipulation of discourse structure—in particular, by way of shifting the Question Under Discussion mid-discourse—can constitute an act of epistemic injustice. I argue that the “All Lives Matter” response to the “Black Lives Matter” slogan is one such case; this response shifts the Question Under Discussion governing the overarching discourse from Do Black lives matter? to Which lives matter? This manipulation of the discourse structure systematically obscures the intended (...) meaning of “Black lives matter” and disincentivizes future utterances of it. (shrink)

In this paper I describe three kinds of mansplaining, “well, actually” mansplaining, straw-mansplaining, and speech act–confusion mansplaining. While these three kinds have much in common, I focus on speech act–confusion mansplaining and offer a speech act theoretic account of what goes wrong when people mansplain in this way. In cases of speech act–confusion mansplaining, the target of the mansplaining is not able to do what she wants with her words. Her conversational contribution is taken to have a different force than (...) the force she intends. This contributes to women’s discursive disablement and to the restriction of women’s participation in epistemically relevant exchanges. (shrink)

Just Words: On Speech and Hidden Harm, by McGowanMary Kate. Oxford: Oxford University Press, 2019. Pp. xi + 209.

Suppose I make an utterance, intending it to be a command. You don’t take it to be one. Must one of us be wrong? In other words, must each utterance have, at most, one illocutionary force? Current debates over the constitutive norm of assertion and over illocutionary silencing, tend to assume that the answer is yes—that each utterance must be either an assertion, or a command, or a question, but not more than one of these. While I think that this (...) assumption is intuitive, I will argue in this paper that it is not sustainable. I’ll argue that this assumption makes it hard to explain what determines illocutionary force in a consistent and non-ad hoc way. I will demonstrate this is not fatal for the notion of illocutionary force writ large by offering some alternatives. (shrink)

Peircean Truth is the view that truth is in some sense epistemically constrained, constrained that is by what we would, if we inquired long enough and well enough, eventually come to believe. Contemporary Peirceans offer various different formulations of the view, which can make it difficult, particularly for critics, to see exactly how PT differs from popular alternatives such as correspondence theories or deflationism. This article, therefore, considers four possible formulations of PT, and sets out the different objections and challenges (...) they each face and their relationships with one another. I focus upon the question of what, if anything, PT has to say about the property of truth. (shrink)

Delusions have traditionally been considered the hallmark of mental illness, and their conception, diagnosis and treatment raise many of the fundamental conceptual and practical questions of psychopathology. One of these fundamental questions is whether delusions are understandable. In this paper, we propose to consider the question of understandability of delusions from a philosophy of language perspective. For this purpose, we frame the question of how delusions can be understood as a question about the meaning of delusional utterances. Accordingly, we ask: (...) “what meaning(s) can delusional utterances possibly have?”. We argue that in the current literature, there is a standard approach to the meaning of delusional utterances, namely the descriptive account which assumes that a delusional utterance “p” means that p is the case. Drawing on Speech Act Theory, we argue that solely relying on the descriptive account disregards essential ways of how linguistic meaning is constituted. Further, we show that Speech Act Theory can prove a helpful addition to the theoretical and clinical “toolbox” used for attempting to understand delusional utterances. This, we believe, may address some of the theoretical and clinical shortcomings of using only the currently predominant descriptive account. (shrink)

The main aim of this paper is to investigate how sexist ideology distorts our conceptions of sexual violence and the hermeneutical gaps such an ideology yields. I propose that we can understand the problematic issue of hermeneutical gaps about sexual violence with the help of Fricker’s theory of hermeneutical injustice. By distinguishing between hermeneutical injustice and hermeneutical misfire, we can distinguish between the hermeneutical gap and its consequences for the victim of sexual violence and those of the perpetrator of such (...) violence. I then argue that perpetrators are both morally responsible and accountable for their acts, even if they are the result of a hermeneutical misfire. Ultimately, I show that with regard to sexual violence, we should opt for accountability to change the behaviour of the perpetrator and the social structure. Content warning: The paper discusses sexual violence and difficulties conceptualising experiences of such violence. (shrink)

Social scripts, like A gives a compliment, B says ‘thank you’, pervade and shape natural language discourse and social interactions. Scripts usually promote cooperation between conversational participants, but not always. For example, if A pays B a ‘compliment’ like ‘nice legs’, A puts B in a double bind of either abiding by the compliment script by saying ‘thank you’ and being humiliated, or breaking the script and risking escalation. In this paper, I take a philosophical lens to the notion of (...) a social script. I give a theoretical overview of what it would mean to disrupt a social script and explain why and when it is prudential to do so. Then I give several examples of disruptions of social scripts. This essay makes four key contributions to the philosophical literature on social scripts: (1) it introduces a new distinction between interpersonal and structural scripts; (2) it illuminates how interpersonal social scripts can be pernicious by creating a double bind; (3) it analyzes what it is to disrupt a social script; and (4) in doing so, it challenges the orthodoxy about the relationship between cooperation and disruption in political action. (shrink)

This paper proposes a new category of linguistic harm: that of illocutionary frustration. I argue against Jennifer Hornsby and Rae Langton’s notion of illocutionary silencing by challenging their claim that silencing occurs when there is a lack of uptake of the speaker’s illocutionary act. I look at two scenarios that their view treats differently and argue that these scenarios warrant the same kind of analysis; Hornsby and Langton’s notion of silencing can’t capture the purported difference they want it to capture. (...) I propose that we should look instead to standing to explain the phenomenon that illocutionary silencing intends to explain. I explicate the role of standing in terms of illocutionary frustration, then consider street harassment as an example of a linguistic interaction that is best explained by my proposed view. (shrink)

Generic claims like ‘women stay home and raise children’ and ‘boys don’t cry’ are normative generics: generic claims that express a norm. The truth conditions of normative generics are even harder to account for than those for more descriptive generics like ‘ducks lay eggs.’ Until recently, such generics were treated as deviant and thus not accounted for in standard accounts of generics. But recent work on the semantics and pragmatics of normative generics has changed that. In light of this recent (...) work, I propose that a speech act analysis of normative generics as instructions will shed light on normative generics. I end by discussing the ways in which this might allow us to use generics to counter harmful speech. (shrink)

ABSTRACT In ‘Scorekeeping in a Pornographic Language Game’, Rae Langton and Caroline West borrow ideas from David Lewis to attempt to explain how pornography might subordinate and silence women. Pornography is supposed to express certain misogynistic claims implicitly, through presupposition, and to convey them indirectly, through accommodation. I argue that the appeal to accommodation cannot do the sort of work Langton and West want it to do: Their case rests upon an overly simplified model of that phenomenon. I argue further (...) that, once we are clear about why Langton and West's account fails, a different and more plausible account of pornography's influence emerges. (shrink)