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)

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

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)

One particularly prominent strand of hate speech theory conceptualizes the harm in hate speech by considering the immediate illocutionary force of a hate speech ‘act’. What appears to be missing from such a conception, however, is how recognition relations and normative expectations present in a speech situation influence the harm such speech causes to its victims. Utilizing a particular real-world example, this paper illustrates how these defining background conditions and intersubjective relations influence the harm of hate speech as it is (...) experienced from the first-person perspective. This, more nuanced conception of harm, takes note of the effects such speech inflicts on an individual’s recognitive status, and can provide a clearer understanding of the conditions necessary for an act of hate speech to cause the speaker’s desired effect on their targets. (shrink)

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

One particularly prominent strand of hate speech theory conceptualizes the harm in hate speech by considering the immediate illocutionary force of a hate speech ‘act’. What appears to be missing from such a conception, however, is how recognition relations and normative expectations present in a speech situation influence the harm such speech causes to its victims. Utilizing a particular real-world example, this paper illustrates how these defining background conditions and intersubjective relations influence the harm of hate speech as it is (...) experienced from the first-person perspective. This, more nuanced conception of harm, takes note of the effects such speech inflicts on an individual’s recognitive status, and can provide a clearer understanding of the conditions necessary for an act of hate speech to cause the speaker’s desired effect on their targets. (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)

Anti-pornography feminists have famously argued that pornography silences women: specifically, pornography causes women to be illocutionarily disabled in some real-life sexual contexts so that they are unable to refuse sex by saying ‘no’. Call this view Silencing. Some philosophers object to Silencing because it seems to entail that, in some cases, a rapist’s blameworthiness is significantly diminished. If the woman cannot refuse sex by saying ‘no’, and this allows the man’s belief, that she consents, to be rational, then the man’s (...) blameworthiness for rape is significantly diminished. The objection is that something must be wrong with a view like Silencing that allows rapists to escape the moral hook when, intuitively, they should not. In this paper, I defend Silencing from this objection by appealing to insights from the literature on moral encroachment in order to argue that it is not rational for the rapist to believe (or accept) that the woman consents. (shrink)