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there been strong enmity between Germans and the people in the Anglophone countries, even if Williamson had chosen an outdated slur, his example would not have been such a safe choice.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)

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)

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)

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)

What role does audience uptake play in determining whether a speaker refuses or consents to sex? Proponents of constitution theories of uptake argue that which speech act someone performs is largely determined by their addressee’s uptake. However, this appears to entail a troubling result: a speaker might be made to perform a speech act of sexual consent against her will. In response, we develop a social constitution theory of uptake. We argue that addressee uptake can constitute a speaker’s utterance of (...) ‘no’ as a speech act of consent under some conditions, but that this does not prevent us from judging that an addressee committed rape. Second, we claim that addressee uptake is not the only form of uptake that matters—the uptake of other members of the discursive community matters too, and can override the addressee’s uptake, constituting the speaker’s utterance as the speech act it was intended to be. (shrink)

This paper sets out the felicity conditions for metalinguistic proposals, a type of directive illocutionary act. It discusses the relevance of metalinguistic proposals and other metalinguistic directives for understanding both small- and large-scale linguistic engineering projects, essentially contested concepts, metalinguistic provocations, and the methodology of ordinary language philosophy. Metalinguistic proposals are compared with other types of linguistic interventions, including metalinguistic negotiation, conceptual engineering, lexical warfare, and ameliorative projects.

Work in body studies and theories of affect challenge the mind/body dualism where human action/behavior is shown to be an embodied, lived event. More specifically, bodily practices not only inform/shape human subjectivity but convey what language—words—often cannot. BDSM is one such practice that illuminates embodied subjectivities, where the flesh proves pivotal to one’s orientation to/with the world. In this article I explore women BDSMers who, as survivors of sexual violence, engage in BDSM rape play. BDSM rape play foregrounds the flesh, (...) exemplifying quite powerfully “bodily capacity,” one where bodily disintegration that occurred with the sexual assault is disrupted through bodily recuperation. This felt experience—the body as the source of insight—carries considerable weight, and should inform our thinking when it comes to feminist explorations of sexuality and those contentious and controversial practices such as BDSM. (shrink)

Stalnaker’s conception of context as common ground possesses unquestionable explanatory power, shedding light on presupposition, presupposition accommodation, the behavior of certain types of conditionals, epistemic modals, and related phenomena. The CG-context approach is also highly abstract, so merely pointing out that it fails to account for an aspect of communication is an inconclusive criticism. Instead our question should be whether it can be extended or modified to account for such a phenomenon while preserving its spirit. To that end, this essay (...) assesses the prospects of the CG-context approach for making sense of the variety of ways in which interlocutors accept propositions as well as non-propositional contents, some different types of conversation and the norms distinctive of these different types, some pre-illocutionary pragmatic phenomena, conversational injustice, and fictional discourse. (shrink)

Alessandra Tanesini’s insightful paper explores the moral and epistemic harms of arrogance, particularly in conversation. Of special interest to her is the phenomenon of arrogance-induced silencing, whereby one speaker’s arrogance either prevents another from speaking altogether or else undermines her capacity to produce certain speech acts such as assertions. I am broadly sympathetic to many of Tanesini’s claims about the harms associated with this sort of silencing. In this paper I propose to address what I see as a lacuna in (...) her account. I believe that the arrogant speaker can put those he silences in the morally outrageous position in which their own silence contributes to their oppression. While nothing in Tanesini’s account would predict or explain this, the wrinkle I propose will aim to do so in a way that is in the spirit of her account. To do so, I will need to expand the focus of discussion: instead of concentrating on silencing, I will consider the phenomenon of silence. When one is silent in the face of a mutually observed assertion, one’s silence will be interpreted by others. I argue that under certain widespread conditions, a hearer’s silence in the face of the arrogant speaker’s assertions is likely to be falsely interpreted as indicating her assent to the assertion, and such an interpretation of the hearer’s silence will bring new harms in its wake—in particular, harms to the hearer who was silenced, and also harms to the community at large. When we combine these new harms with the ones Tanesini identified in her paper, we reach the further conclusion that the harms of silencing are potentially far worse than many have imagined. (shrink)

In this paper I provide a speech act analysis of microaggressions. After adopting a notion of microaggressions found in the political philosophy literature, I provide an account of both the illocutionary force and perlocutionary effects of microaggressions. I show that there are two parts to microaggressions’ illocutionary force: (i) the general Austinian linguistic conventions; (ii) socio-political conventions that change the speech act into a microaggression. Despite the varied speech acts that can count as microaggressions, I identify a unique perlocutionary effect (...) common to all, perlocutionary frustration, in which the recipient of a microaggression is frustrated or inhibited from addressing the harms that microaggressions cause. The recipient is not necessarily silenced insofar as they are prevented from performing certain illocutionary acts. Instead, the illocutionary acts do not have their intended perlocutionary effects. (shrink)

The terms ‘hate’ and ‘hatred’ are increasingly used to describe the rationale of a kind of anti-Western terrorist-extremist speech. This discursively links this kind of terrorist-extremist speech with the well-known concept of ‘hate speech’, a link that suggests the two phenomena are more alike than they are unlike. In this article I interrogate the similarities and differences between anti-Western terrorist-extremist speech and hate speech as they manifest in Western liberal democratic states along two axes: to whom the speech is addressed, (...) and how harm is occasioned. Relying on a combination of philosophical conceptions and public policy empirics, I demonstrate that there are significant differences between the two types of speech, especially in their mechanisms of harm. The implications of this analysis are that these differences should be better understood in order to respond appropriately to these two distinct types of harmful speech. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

This essay focuses on the extent to which the methods of analytic philosophy can be useful to feminist philosophers. I pose nine general questions feminist philosophers might ask to determine the suitability of a philosophical method. Examples include: Do its typical ways of formulating problems or issues encourage the inclusion of a wide variety of women's points of view? Are its central concepts gender-biased, not merely in their origin, but in very deep, continuing ways? Does it facilitate uncovering roles that (...) gender, politics, power, and social context play in philosophy as well as in other facets of life? (shrink)

This essay focuses on the extent to which the methods of analytic philosophy can be useful to feminist philosophers. I pose nine general questions feminist philosophers might ask to determine the suitability of a philosophical method. Examples include: Do its typical ways of formulating problems or issues encourage the inclusion of a wide variety of women's points of view? Are its central concepts gender-biased, not merely in their origin, but in very deep, continuing ways? Does it facilitate uncovering roles that (...) gender, politics, power, and social context play in philosophy as well as in other facets of life? (shrink)

We apply a familiar distinction from philosophy of language to a class of material artifacts that are sometimes said to “speak”: statues. By distinguishing how statues speak at the locutionary level versus at the illocutionary level, or what they say versus what they do, we obtain the resource for addressing two topics. First, we can explain what makes statues distinct from street art. Second, we can explain why it is mistaken to criticize—or to defend—the continuing presence of statues based only (...) on what they represent. Both explanations are driven by the same core idea: the significance of statues arises primarily from what they do, and not what they say. (shrink)

Philosophers are often rude about each other, but their rudeness tends to be off the record, anonymous or sneaked in under the bloodless academic lexicon of ‘the worry’, ‘the concern’ and ‘the potential limitation’. But Lorna Finlayson’s rudeness comes with no softening frills: against her tailored prose, her insults pop. They make for quite a treat: desert landscapes may be all very well, but there is no need for philosophical writing to share their wearying climate. Introductory texts — and this (...) is an introductory text — must avoid being dry if they are to do any good at all, but this book does more than merely avoid dryness: it irrigates vast strips of feminist terrain that are often left untended, and shows the reader what might be done, with a little careful work. Finlayson is explicit that she conceives of her book as a corrective. Contemporary feminist political philosophy, like... (shrink)

The central focus of this paper is to motivate and explore the question, when is it permissible to endorse a psychologizing explanation of a sincere interlocutor? I am interested in the moral question of when (if ever) we may permissibly dismiss the sincere reasons given to us by others, and instead endorse an alternative explanation of their beliefs and actions. I argue that there is a significant risk of wronging the other person, and so we should only psychologize when we (...) are in a position to know that they are in bad faith. (shrink)

University administrators should not enforce speech codes because speech codes are generally counterproductive to a university’s educational mission. In making the case against campus speech codes, we consider and reply to four of the most prominent arguments in favor of restricting student speech. These arguments appeal to the values of harm prevention, inclusive education, relational equality, and the overall promotion of free speech. We show that speech restrictions do not effectively promote these values. We conclude that campus administrators should uphold (...) protections for freedom of expression on college campuses in order to promote a more egalitarian and inclusive learning environment. (shrink)

Many liberal egalitarians support laws that prevent people from making exploitative and unconscionable contracts. These contracts may include low-wage labor agreements or payday loans, for example. I argue that liberal egalitarians should rethink their support for laws that limit the freedom to make these illiberal contracts, as long as the contracts are voluntary and do not violate people’s other enforceable rights. Paternalistic considerations cannot justify limits on illiberal contracts because they are not only likely to misfire; they also express condescending (...) and inegalitarian judgments of citizens. I then consider Seana Shiffrin’s argument that officials may avoid paternalism while still deterring illiberal contracts if they instead refuse to use public institutions to accommodate contracts that are contrary to the fundamental values on which those institutions are based. This argument encounters a dilemma. Officials may refuse to enforce illiberal contracts and ban private enforcement of illiberal contracts, but this strategy encounters the charges of paternalism it aimed to avoid. Or, officials may refuse to enforce illiberal contracts but tolerate private enforcement, but this approach would make the worst off members of society even more vulnerable and marginalized. Therefore, liberal egalitarians should support public enforcement of illiberal contracts because the alternatives are worse. (shrink)

It is an orthodoxy of modern political thought that violence is morally incompatible with politics, with the important exception of the permissible violence carried out by the state. The “commonsense argument” for permissible political violence denies this by extending the principles of defensive ethics to the context of state-subject interaction. This article has two aims: First, I critically investigate the commonsense argument and its limits. I argue that the scope of permissions it licenses is significantly more limited than its proponents (...) allow. Second, I develop an alternative (and supplementary) framework for thinking about permissible political violence. I argue that under certain circumstances, subjects may violently protest their treatment, where protest is understood as an expression of rejection of those circumstances. On my view, protest, including violent protest, is permissible when it is the fitting response to those circumstances. This alternative framework accounts for an important class of cases of intuitively permissible political violence, including cases in which such violence does not serve strategic political ends or is even counterproductive towards those ends. (shrink)

Since Austin’s introduction of the locutionary-illocutionary-perlocutionary distinction, it has been a matter of debate within speech act theory whether illocutionary acts like promising, warning, refusing and telling require audience ‘uptake’ in order to be performed. Philosophers on different sides of this debate have tried to support their positions by appealing to hypothetical scenarios, designed to elicit intuitive judgements about the role of uptake. However, philosophers’ intuitions appeared to remain deadlocked, while laypeople’s intuitions have not yet been probed. To begin rectifying (...) that, we ran two experiments probing lay intuitions about the implications of uptake failure. Overall, we found that participants’ responses were skewed towards agreement that speech acts were performed, despite the lack of uptake. There were, however, significant differences across the four different speech act types we investigated (with the highest levels of agreement found for refusing, followed by warning, then telling, and finally promising). We also obtained evidence of complex effects relating to the (high or low) stakes involved in the scenarios. While this study only represents an initial exploration of intuitions about uptake, our results form a basis for further research into their nature and significance, across a range of speech acts, scenarios, and experimental designs. (shrink)

Since its influential rendering by Rae Langton in her 1993 paper, “Speech Acts and Unspeakable Acts,” the “silencing argument” against pornography has become the subject of a lively debate that continues to this day. My intention in this paper is not to join in the existing debate, but to give a critical overview of it. In its current form, I suggest, it is going nowhere . Yet the silencing argument, I believe, nevertheless contains an indispensable insight—and more radical potential than (...) is usually acknowledged either by its defenders or its opponents. I argue that in order to preserve this insight and unleash its potential, we should begin by adopting the following motto: MacKinnon, not Austin! (shrink)

One of standpoint theory’s main claims is the thesis of epistemic advantage, which holds that marginalized agents have epistemic advantages due to their social disadvantage as marginalized. The epistemic advantage thesis has been argued to be true with respect to knowledge about particular dominant ideologies like classism and sexism, as well as knowledge within fields as diverse as sociology and economics. However, it has yet to be analyzed with respect to ethics. This paper sets out to complete this task. Here, (...) I argue that we have good reason to believe that the marginalized are epistemically advantaged with respect to moral knowledge overall, including moral facts other than those about the morally problematic features of systems of domination. To do so, I first articulate the connection between marginalization and the moral domain, drawing on the rich history of feminist and non-ideal ethics. Then, I argue that marginalized agents are more likely to have several particular epistemic skills that are necessary to come to have moral knowledge. Utilizing real-world cases where moral knowledge is at stake, I show how marginalized agents have better access to evidence (broadly), as well as advantages distinguishing between considerations that are morally relevant and those that aren’t (sorting), determining the weight a certain piece of evidence has with respect to determining a moral matter (significance), and using concepts which bear on moral questions (conceptual competency). I close by considering the upshots my analysis here has for other areas of moral epistemology like moral testimony and moral expertise. (shrink)

“Mansplaining” is by now part of the common cultural vernacular. Yet, academic analyses of it—specifically, philosophical ones—are missing. This paper sets out to address just that problem. Analyzed through a lens of epistemic injustice, the focus of the analysis concerns both what it is, and what its harms are. I argue it is a form of epistemic injustice distinct from testimonial injustice wherein there is a dysfunctional subversion of the epistemic roles of hearer and speaker in a testimonial exchange. As (...) these are roles of power and are crucial to our existence and functioning within epistemic communities, the wrong and harms suffered from this injustice are serious and, I argue, distinct from other types already discussed in the literature. I close by considering an alternative model of mansplaining as a form of silencing, as well as briefly diagnosing its general underlying cause and possible solutions. (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)