Hate speech is commonly defined with reference to the legal category of incitement. Laws targeting incitement typically focus on how the speech is expressed rather than its actual content. This has a number of unintended consequences: first, law tends to capture overt or obvious forms of hate speech and not hate speech that takes the form of ‘reasoned’ argument, but which nevertheless, causes as much, if not more harm. Second, the focus on form rather than content leads to categorization errors. (...) Hate speech taking the form of ‘reasoned argument’ is often legally characterized as either political or academic debate, and so is deemed both permissible and justified in societies where free speech principles exist. In this paper, I argue that it is important to identify instances of hate speech as hate speech, no matter how articulately or reasonably the speech is expressed. The danger in mischaracterizing an instance of hate speech by calling it academic or political debate is that it risks normalizing the views and sentiments that are expressed and accepting those views as an important part of our political and academic discourses. With reference to Habermas’ account of ‘distorted communication’, I propose different criteria for defining and understanding hate speech and suggest that there might be good reasons for interpreting the concept of incitement more broadly, so as to include these different kinds of it. (shrink)

Much of feminist philosophy of language so far can be described as critical—critical either of language itself or of philosophy of language, and calling for change on the basis of these criticisms. Those making these criticisms suggest that the changes are needed for the sake of feminist goals — either to better allow for feminist work to be done or, more frequently, to bring an end to certain key ways that women are disadvantaged. In this entry, I examine these criticisms. (...) I also examine work by feminists that seems to suggest some of the criticisms are misplaced: that, for example, philosophy of language is better able to help in feminist projects than critics suppose. My focus in this entry will generally be on the analytic tradition. For continental approaches, see the entries on feminist approaches to the intersection of analytic and continental philosophy , feminist approaches to the intersection of pragmatism and continental philosophy. (shrink)

Este breve ensayo se inscribe en la tradición de buscar similitudes entre los epítetos y otros fenómenos lingüísticos, tanto inofensivos como discriminatorios. En particular, trataré de motivar la introducción de una distinción entre el blanco de un epíteto y su extensión y mostraré cómo esta distinción nos sirve para ver similitudes entre el comportamiento de este tipo de expresiones y el del complemento “de verdad” en expresiones como “tacos de verdad”. De paso, trataré también de explorar si estas teorías, desarrolladas (...) en su mayor parte en los Estados Unidos de América, sirven de herramienta teórica para dar cuenta de como ciertas expresiones contribuyen a la exclusión y discriminación de grupos minoritarios en nuestro contexto, es decir, en el castellano de México. (shrink)

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)

Politics abounds with bad language: lying and bullshitting, grandstanding and virtue signaling, code words and dogwhistles, and more. But why is there so much bad language in politics? And what, if anything, can we do about it? In this paper I show how these two questions are connected. Politics is full of bad language because existing social and political institutions are structured in such a way that the production of bad language becomes rational. In principle, by modifying these institutions we (...) can reduce the prevalence of bad language. However, as I show, such practical efforts are fraught with difficulties. After first outlining an account of bad language (Section 1), I examine the rationality of three different types of bad language: inaccurate language, insincere language, and unclear language (Section 2). Next, I discuss the possibility of implementing institutional reforms to improve the quality of political discourse (Section 3). However, I then outline and discuss two serious complications for institutional reforms—namely, they create risk of abuse, and they could preclude instances of seemingly bad language that, in fact, are socially beneficial (Section 4). I conclude with some thoughts about how to pursue institutional reform in an appropriately circumspect manner (Section 5). (shrink)

-/- Hate speech is a concept that many people find intuitively easy to grasp, while at the same time many others deny it is even a coherent concept. A majority of developed, democratic nations have enacted hate speech legislation—with the contemporary United States being a notable outlier—and so implicitly maintain that it is coherent, and that its conceptual lines can be drawn distinctly enough. Nonetheless, the concept of hate speech does indeed raise many difficult questions: What does the ‘hate’ in (...) hate speech refer to? Can hate speech be directed at dominant groups, or is it by definition targeted at oppressed or marginalized communities? Is hate speech always ‘speech’? What is the harm or harms of hate speech? And, perhaps most challenging of all, what can or should be done to counteract hate speech? -/- In part because of these complexities, hate speech has spawned a vast and interdisciplinary literature. Legal scholars, philosophers, sociologists, anthropologists, political theorists, historians, and other academics have each approached the topic with exceeding interest. In this current article, however, we cannot hope to cover how these many disciplines have engaged with the concept of hate speech. Here, we will focus most explicitly on how hate speech has been taken up within philosophy, with particular emphasis on issues such as: how to define hate speech; what are the plausible harms of hate speech; how an account of hate speech might include both overt expressions of hate (e.g., the vitriolic use of slurs) as well as more covert, implicit utterances (e.g., dogwhistles); the relationship between hate speech and silencing; and what might we do to counteract hate speech. (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)

In this talk I present the main results from Anta (2021), namely, that the theoretical division between Boltzmannian and Gibbsian statistical mechanics should be understood as a separation in the epistemic capabilities of this physical discipline. In particular, while from the Boltzmannian framework one can generate powerful explanations of thermal processes by appealing to their microdynamics, from the Gibbsian framework one can predict observable values in a computationally effective way. Finally, I argue that this statistical mechanical schism contradicts the Hempelian (...) (1958) thesis that the predictive power of a scientific theory is directly proportional to its explanatory potential, and vice versa. (shrink)

On the face of it, self-censorship is profoundly subversive of democracy, particularly in its talk-centric forms, and undermines the culture of openness and publicity on which it relies. This paper has two purposes. The first is to develop a conception of self-censorship that allows us to capture what is distinctive about the concept from a political perspective and which allows us to understand the democratic anxiety about self-censorship: if it is not obvious that biting our tongues is always wrong, we (...) need a fuller account of the moral sensibility that finds it so troubling and this is elaborated here. The second is to develop an argument to the effect that this sensibility should not have the last, or only, word, but instead that self-censorship should be viewed as an ‘ordinary vice’ of democratic societies. The grounds for tolerating it rest on the democratic values that critics believe it threatens. (shrink)

In this response to the five philosophers who engaged her Toward a Feminist Theory of the State in decades-down-the-road assessments, Professor MacKinnon takes up the central questions in the dialogues they raised on questions of epistemology, method, social construction, racism, and judgment. She re-asserts the centrality of sexuality in gender and sexual abuse in gender inequality and recounts some of the legal consequences of this critique, which she originated.

In this paper we explore quarantining as a more ethical method for delimiting the spread of Hate Speech via online social media platforms. Currently, companies like Facebook, Twitter, and Google generally respondreactivelyto such material: offensive messages that have already been posted are reviewed by human moderators if complaints from users are received. The offensive posts are onlysubsequentlyremoved if the complaints are upheld; therefore, they still cause the recipients psychological harm. In addition, this approach has frequently been criticised for delimiting freedom (...) of expression, since it requires the service providers to elaborate and implement censorship regimes. In the last few years, an emerging generation of automatic Hate Speech detection systems has started to offer new strategies for dealing with this particular kind of offensive online material. Anticipating the future efficacy of such systems, the present article advocates an approach to online Hate Speech detection that is analogous to the quarantining of malicious computer software. If a given post is automatically classified as being harmful in a reliable manner, then it can be temporarily quarantined, and the direct recipients can receive an alert, which protects them from the harmful content in the first instance. The quarantining framework is an example of more ethical online safety technology that can be extended to the handling of Hate Speech. Crucially, it provides flexible options for obtaining a more justifiable balance between freedom of expression and appropriate censorship. (shrink)

A key focus in many debates surrounding the harm in hate speech centres on the subordinating impact hate speech has on its victims. Under such a view, and provided there exists a requisite level of speaker authority a particular speech situation, hate speech can be conceived as something which directly impact’s the victim’s status, and can be contrasted to the view that such speech merely expresses hateful ideas. Missing from these conceptions, however, are the ways in which intersubjective, recognition-sensitive relations (...) influence the kind of harm likely to result from such an act. Understanding the central role of first-person experience is crucial, as, while a victim may have little influence in how their social status is impacted by such an act, the possibility for ‘speaking back’ requires that individuals are equipped with the conditions necessary to reject the authority claims of the speaker. On such a view, this paper aims to use this feature of intersubjectivity to explore the potential ways in which an act of hate speech can be ‘robbed’ of some of its harm by having its authority claims rejected by the victim. Utilizing this enhanced understanding, I reflect upon one particular real-world example of hate speech, in which the target rejects the status-undermining claims made upon her. In the last section, I propose a general institutional outlook aimed towards aiding would-be victims of hate speech to respond to such attempts at normative authority exertion. (shrink)

Catharine MacKinnon’s feminist work on sexual abuse and violence has had a major impact on law and on policy in the United States and internationally. However, her complex theoretical writings, which are a foundation of that work, have yet to be adequately appreciated by philosophy, especially continental philosophy, that tradition with which she identifies her project. I explain her project in continental terms, especially Heidegger’s thought, so that we may better grasp the philosophical nature and significance of her work. In (...) doing so, I also open paths by which those within the continental tradition may make it more relevant to the pressing real-world problems that MacKinnon uniquely illuminates, especially pornography, prostitution, and other practices significantly constituted by sexual abuse and violence. (shrink)

This dissertation offers a robust philosophical examination of a phenomenon that is morally, socially, and politically significant – microaggressions. Microaggressions are understood to be brief and routine verbal, behavioral, or environmental indignities that, whether intentional or unintentional, convey hostility toward or bias against members of marginalized groups. Microaggressions are rooted in stereotypes and/or bias (whether implicit or explicit) and are connected to broader systems of oppression. Microaggressions are philosophically interesting, since they involve significant ambiguity, questions about speech and communication, and (...) the ability for our speech to encode and transmit bits of meaning. Microaggressions prompt reflection about the nature of blameworthiness and responsibility, especially for unintended acts and harms. They involve questions about how we perceive and treat one another, and whether or not people are treated as true equals in our social and political worlds. For all of these reasons, microaggressions are a critical area in need of philosophical reflection, specifically reflection in feminist philosophy, philosophy of language, moral philosophy, and social and political philosophy. This dissertation seeks to advance the philosophy of microaggressions through three distinct aims: a conceptual aim (chapters 2 and 3), an epistemological aim (chapters 1 and 2), and a moral aim (chapters 4 and 5). The conceptual aim involves clarifying how we should understand and categorize microaggressions. The epistemological aim involves identifying some of the epistemological assumptions undergirding discussions of microaggressions in the literature, including assumptions made by critics of microaggression theory, and arguing for an alternative epistemological framework for theorizing about microaggressions. The moral aim involves better understanding the harms of microaggressions, including their role in reinforcing structures of oppression and unjust social hierarchy. Taken together, these chapters make some progress on the conceptual, epistemological, and moral questions that microaggressions generate, and which philosophers have not yet adequately analyzed. It thus offers a meaningful contribution to the conversations philosophers are beginning to have about the morally and politically salient phenomenon of microaggressions. (shrink)

This article aims to develop a ground for freedom of speech that combines two justifications – democratic participation and autonomy. First, it is argued that consequentialist justifications, such as discovery of truth and personal development, are far from providing a strong justification for free speech due to their reliance on uncertain empirical validation. Second, it is claimed that a stronger and better ground for free speech can be constructed by articulating two non-consequentialist justifications for free speech – democratic participation and (...) autonomy. This articulation, which I call the double-grounded non-consequentialist justification for free speech, considers autonomy and democratic participation as complementary principles. In this sense, a double-grounded justification engages justification as autonomy and democratic participation in a dialogue in order to provide remedies for the specific weaknesses of these two positions. (shrink)