Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Our interpretive resources enable us to make sense of, navigate, and communicate about our shared world. These resources not only carve the world up into categories, but also guide how we, individually and collectively, are oriented towards it. In this thesis, I examine how these resources, and the dispositions they guide, may be harmful. A vital kind of interpretive resources are frames, which equip us with unified perspectives on the world. Perspectives are suites of open-ended interpretive (inquisitive, attentional, inferential, evaluative, (...) and affective) dispositions. Frames thereby guide how we interpret, respond to, and navigate the world. I show that these perspectives are epistemically powerful and indispensable. I argue that flawed perspectives, and the distorting frames that produce them, are deeply pernicious and I examine their relationship to oppression. (shrink)

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

ABSTRACTSilencing is a practice that disrupts linguistic and communicative acts, but its relationship to knowledge and justice is not fully understood. Prior models of epistemic injustice tend to c...

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)

The question which this paper examines is that of the correct scope of the claim that extra-linguistic factors (such as gender and social status) can block the proper workings of natural language. The claim that this is possible has been put forward under the apt label of silencing in the context of Austinian speech act theory. The ‘silencing’ label is apt insofar as when one’s ability to exploit the inherent dynamic of language is ‘blocked’ by one’s gender or social status (...) then one might justly be said to be silenced. The notion that factors independent of any person’s linguistic competence might block her ability to exploit the inherent dynamic of language is of considerable social as well as theoretical significance. I shall defend the claim that factors independent of a person’s linguistic competence can indeed block her ability to do things with words but I will show that the cases that have been previously considered to be cases of illocutionary failure are instances of rhetic or locutionary act failure instead. I shall refine the silencing claim as previously advanced in the debate in at least one fundamental respect. I also show that considering the metaphysics of speech acts clarifies many of the issues previously appearing as thorny bones of contention between those who hold that the only notion of silencing that is coherent is that of physically preventing someone from speaking or writing and those who hold the opposite sort of claim sketched above. (shrink)

How should we react to the development of sexbot technology? Taking their cue from anti-porn feminism, several academic critics lament the development of sexbot technology, arguing that it objectifies and subordinates women, is likely to promote misogynistic attitudes toward sex, and may need to be banned or restricted. In this chapter I argue for an alternative response. Taking my cue from the sex positive ‘feminist porn’ movement, I argue that the best response to the development of ‘bad’ sexbots is to (...) make better ones. This will require changes to the content, process and context of sexbot development. Doing so will acknowledge the valuable role that technology can play in human sexuality, and allow us to challenge gendered norms and assumptions about male and female sexual desire. This will not be a panacea to the social problems that could arise from sexbot development, but it offers a more realistic and hopeful vision for the future of this technology in a pluralistic and progressive society. (shrink)

Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

Rae Langton and Caroline West famously argued that pornography operates like a language game, in that it introduces certain views about women into the common ground via presupposition accommodation. While this pragmatic model explains how pornography has the potential to change its viewers’ beliefs, it leaves open how pornography changes people’s desires. Our aim in this paper is to show how Langton and West’s discourse theoretic account of pornography can be refined to close this lacuna. Using tools from recent developments (...) in discourse theory, we propose that pornography issues implicit directives, and thereby introduces bouletic components into the discourse. (shrink)

What is objectionable about “blacking up” or other comparable acts of imagining involving unethical attitudes? Can such imaginings be wrong, even if there are no harmful consequences and imaginers are not meant to apply these attitudes beyond the fiction? In this article, we argue that blackface—and imagining in general—can be ethically flawed in virtue of being oppressive, in virtue of either its content or what imaginers do with it, where both depend on how the imagined attitudes interact with the imagining’s (...) context. We explain and demonstrate this using speech act theory alongside a detailed case study of blackface. (shrink)

It has become standard for feminist philosophers of language to analyze Catherine MacKinnon's claim in terms of speech act theory. Backed by the Austinian observation that speech can do things and the legal claim that pornography is speech, the claim is that the speech acts performed by means of pornography silence women. This turns upon the notion of illocutionary silencing, or disablement. In this paper I observe that the focus by feminist philosophers of language on the failure to achieve uptake (...) for illocutionary acts serves to group together different kinds of illocutionary silencing which function in very different ways. (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)

A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

ABSTRACT In ‘Just Words: On Speech and Hidden Harm: An Overview and an Application’, Mary Kate McGowan argues that some racist speech in public places should be made unlawful in the United States for the same reason that sexist behaviour in the workplace is already legally actionable—namely, to protect individuals from a hostile discriminatory environment. While McGowan may be correct that some public racist speech may constitute an act of discrimination in some morally significant sense, I present several reasons for (...) doubting that such speech constitutes a hostile discriminatory environment in the relevant legal sense. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 171-185, January 2022.

One potentially ethically relevant feature of an utterance is that utterance's influence on the likelihoods that our future discourses wind up with one Stalnakerian ‘common ground’ or body of shared information rather than another. Such likelihoods matter ethically, so the ways our utterances influence them can matter ethically, despite the fact that such influences are often unintended, and often hard to see. By offering a relatively neutral descriptive framework that can enhance our collective sensitivity to and discussion of ethically, socially, (...) and politically important features of language use, this paper contributes to the ethics of language use. It discusses ways in which utterances can influence the likelihoods of future common grounds by deploying one system of categorization rather than another, and argues that language’s effects on the evolution of discourse can affect the paths to and probabilities of different sorts of consensus. (shrink)

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

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

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

McGowan here responds to essays written in critical engagement with her lead essay (Just Words: On Speech and Hidden Harm: An Overview and an Application). She here responds to Caroline West, Ishani Maitra, Jeremy Waldron, Robert Mark Simpson, Lawrence Lengbeyer, Louise Richardsoon-Self, Laura Caponetto and Bianca Cepollaro.

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

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

We often say one thing and mean another. This kind of indirection (concerning the content conveyed) is both ubiquitous and widely recognized. Other forms of indirection, however, are less common and less discussed. For example, we can sometimes address one person with the primary intention of being overheard by someone else. And, sometimes speakers say something simply in order to make it possible for someone else to say that they said it. Politicians generating sounds bites for the media are an (...) example of this kind of indirection. In this paper, I will explore—via a series of fictionalized examples—these less discussed forms of indirection and consider how such forms of indirection can be duplicitous and misleading. (shrink)

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

: Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. (...) I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

This article is the author's response to critical essays by Luvell Anderson, Claire Horisk, and Lori Watson. The legal concept of discrimination, the sneaky communicative functioning of joke-telling, and the phenomenon of hepeating are each discussed.

ABSTRACT This paper argues for a hidden way in which speech constitutes harm by enacting harmful norms. The paper then explores the potential legal consequences of uncovering such instances of harm constitution. In particular, the paper argues that some public racist speech constitutes harm and is thus harmful enough to warrant legal remedy. Such utterances are actionable, it is contended, because they enact discriminatory norms in public spaces.

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)

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)

Many liberal societies are deeply committed to freedom of speech. This commitment is so entrenched that when it seems to come into conflict with other commitments (e.g., gender equality), it is often argued that the commitment to speech must trump the other commitments. In this paper, we argue that a proper understanding of our commitment to free speech requires being clear about what should count as speech for these purposes. On the approach we defend, should get a special, technical sense, (...) different from its ordinary sense. We offer a partial characterization of this technical sense. Finally, we argue that if certain theorists (e.g., MacKinnon) are right about what (some) pornography does, then it should fall outside the scope of the free-speech principle. If so, then contrary to first appearances, pornography may not be a case in which our commitments to freedom and gender equality come into conflict. (shrink)

ABSTRACT McGowan’s notion of norm ‘enactment’ is the linchpin of her practical project, designed to provide an objective standard that circumvents the need to assess actual subjective uptake of discriminatory norms proposed by racist utterances in public spaces. However, the essential role of uptake to potential norm-imposing utterances—and responses like dismissing, countermanding, and ignoring—cannot be waved away. Contributions to conversations, and even more so to other social interactions, do not exert the normative compulsion upon participants that McGowan’s theory needs. People’s (...) words, even their ugly words, are not invariably norm ‘enactments’ that ‘constitute harm’—sometimes they are just words. (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)

I argue that the debates over which norm constitutes assertion can be abandoned by challenging the three main motivations for a constitutive norm. The first motivation is the alleged analogy between language and games. The second motivation is the intuition that some assertions are worthy of criticism. The third is the discursive responsibilities incurred by asserting. I demonstrate that none of these offer good reasons to believe in a constitutive norm of assertion, as such a norm is understood in the (...) literature. Others who have made similar arguments conclude that assertion does not exist at all—that there is no such thing as assertion. I disagree: we do not have to relinquish the category of assertion just because it is not normatively constituted. There are alternative ways to understand and individuate assertion that do not rely on a constitutive norm. (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)

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)

Spanish Translation of "He/She/They/Ze" (Ergo, 2018).

In this paper, I argue that the ‘social meanings’ associated with sociolinguistic variation put pressure on the standard philosophical conception of language, according to which the foremost thing we do with words is exchange information. Drawing on parallels with the explanatory challenge posed by slurs and pejoratives, I argue that the best way to understand social meanings is to think of them in speech act theoretic terms. I develop a distinctive form of pluralism about the performances realized by means of (...) sociolinguistic variants, and I claim that engagement with such performances is an utterly pervasive feature of our linguistic activity. (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)

This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some cases, large paradigm shifts. (...) I also examine cases that have yet to be adequately addressed by philosophers working on this topic, like the explosion of abusive speech online (chapter four) or the distinctive speech acts of protest groups (chapter five). I argue that by considering these alongside the ‘paradigm’ cases of subordinating speech that inform most models, we are better able to capture the lived realities of this phenomena, as described by members of groups targeted by such speech. I develop a novel account of speaker authority to explain the variety of pragmatic effects subordinating speech generates. Instead of seeing this authority as reducible to either a formal position or a merely local, linguistic phenomenon, I argue for a conception of speaker authority that is a richly contextual social fact, distributed unevenly among members of different social groups. I also develop an account of collective authority that explains how a group of speakers can join together to subordinate in a way that no individual speaker is capable of doing. This account, I argue, is better able to explain the social reality of subordinating speech than individualist models. Overall, I show how a more fine-grained account of subordinating speaker authority gives us a more accurate picture of the different subordinating speech acts available to different speakers, along with how these may harm their targets. (shrink)

Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value (...) of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way around here,” thus taking control of its own expressive commitments. Understanding the scope of the law in Rwanda promises to help clarify limits to hate speech and other forms of derogatory discourse (including images). Ultimately, the argument is that wherever recognition harms are a significant factor in social and political life, changing permissible expressive commitments is crucial to social and political repair. (shrink)

Appeals to practices are common the humanities and social sciences. They hold the potential to explain interesting or compelling similarities, insofar as similarities are distributed within a community or group. Why is it that people who fall under the same category, whether men, women, Americans, baseball players, Buddhists, feminists, white people, or others, have interesting similarities, such as similar beliefs, actions, thoughts, foibles, and failings? One attractive answer is that they engage in the same practices. They do the same things, (...) perhaps as a result of doing things at the same site or setting, or perhaps as a result of being raised in a similar way among members of the same group. In the humanities, appeals to practices often serve as a move to point out diversity among different communities or diversity within the same community. Communities are distinct from one another in part because their members do different things or do things in different ways. The distinct and varied ways in which different communities enact social norms or formulate law, state institutions, and public policy might be explicable in part by the different practices their members are socialized into. Appeals to practices hold the promise of explaining these differences in terms of the different background practices of the groups, cultivated through a kind of cultural isolation or sense of collective identity. In the social sciences, appeals to practices have played a central role in fundamental theorizing and theory building. Appeals to practices in the social sciences are often much more systematic and theoretical, forming the core of the systematic theories of Pierre Bourdieu and Anthony Giddens in Anthropology and Sociology. Practice theory has thus become a growth industry in social scientific investigation, offering the promise of a central object of investigation that explains both unity and difference within and across communities and groups. But it is unclear just what practices are and what role, both ontological and explanatory, that practices are supposed to play. The term `practices' is used to pick out a wide range of things, and its relation to other terms, from `tradition' or `paradigm' to `framework' or `presupposition', is unclear. Practices are posited as ubiquitous, yet they are difficult to isolate and pin down. We are all said to participate in them, but they remain hidden. Their role, whether causal, logical, or hermeneutical, remains mysterious. After locating the historical origins of appeals to practices in the work of Ludwig Wittgenstein and Martin Heidegger, my dissertation uses Stephen Turner's broad and systematic critique of appeals to practices to develop a new type of account. My account is a phenomenological account that treats practices as human doings that show up to people in material and social environments and make themselves available for specific responses in those environments. I argue that a phenomenological account is an effective alternative to accounts that treat practices as either shared objects with properties or shared and implicit presuppositions. I use a phenomenological account of practices to treat important debates in feminist philosophy and the philosophy of the social sciences, particularly debates over pornography's subordination of women and the classification of mental disorders in psychiatry. (shrink)