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

Public arguments can be good or bad not only as a matter of logic, but also in the sense that speakers can do good or bad things with arguments. For example, hate speakers use public arguments to contribute to the subordination of their targets. But how can ordinary speakers acquire the authority to perform subordinating speech acts? This is the ‘Authority Problem’. This paper defends a solution inspired by McGowan’s (Australas J Philos 87:389–407, 2009) analysis of oppressive speech, including against (...) concerns raised by McGowan (Just words: On speech and hidden harm, Oxford University Press, Oxford, 2019) herself. A deflated kind of authority can be gained from the hate speaker’s standing in a norm-governed ‘activity of oppression’. We should be wary about engaging with such speakers in public argument. Even if we counter their arguments, we may still elevate their standing within that activity and so enable them to perform more pernicious speech acts than was previously possible. (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)

Assertions are often accepted without being understood, a phenomenon I call stupefying. I argue that stupefying can be a means for conversational manipulation that works through at-issue content, in contrast with the not-at-issue and back-door speech act routes identified by others. This shows that we should reject a widely assumed connection between attention and at-issue content. In exploring why stupefying happens, it also emerges that stupefying has important cooperative uses, in addition to its manipulative ones, and so should not be (...) avoided altogether. (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)

Kevin Dorst has recently provided a novel argument for the KK principle. In this paper I sketch a rejoinder.

-/- 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)

I introduce game-theoretic models for threats to the discussion of threats in speech act theory. I first distinguish three categories of verbal threats: conditional threats, categorical threats, and covert threats. I establish that all categories of threats can be characterized in terms of an underlying conditional structure. I argue that the aim—or illocutionary point—of a threat is to change the conditions under which an agent makes decisions in a game. Threats are moves in a game that instantiate a subgame in (...) which the addressee is ‘under threat’. (shrink)

When we carry out a speech act of stipulation, it seems that we can shape our language however we see fit. This autonomy, however, also seems to make such acts arbitrary: it is unclear if there are any constraints on what counts as a "correct" or "incorrect" stipulation. In this paper, I offer a novel, detailed account of the pragmatics of stipulation and explain its crucial role in conceptual analysis and articulation. My account shows that stipulation does indeed equip us (...) with a key tool for changing our linguistic practices, but that such acts can nonetheless count as meaningfully, normatively constrained: they are always subject to felicitous criticism and the possibility of defeat by others. I then examine the metaphilosophical implications of this account. Philosophers often describe the project of conceptual analysis as having a crucial stipulative dimension, but they rarely explain what they take this act to consist in. On my view, speech acts of stipulation are best understood as acts that generate a shared inferential entitlement for speaker and audience, an entitlement justified on the basis of its utility. In developing this account, I distinguish stipulations from more familiar speech act kinds such as assertions and commands, synthesize and criticize alternative views of stipulation in the literature, and discuss the relationship between stipulation and seemingly kindred speech acts (such as assumptions, suppositions, and proposals). (shrink)

I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...) central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics. (shrink)

A number of philosophers have become interested in the ways that individuals are subject to harm as the performers of illocutionary acts. This paper offers an account of the underlying structure of such harms: I argue that speakers are the subjects of illocutionary harm when there is interference in the entitlement structure of their linguistic activities. This interference comes in two forms: denial and incapacitation. In cases of denial, a speaker is prevented from achieving the outcomes to which they are (...) entitled by their speech. In cases of incapacitation, a speaker’s standing to expect certain outcomes is itself undermined. I also discuss how individual speakers are subject to interference along two dimensions: as exercisers of certain non-linguistic capacities, and as producers of meaningful speech. (shrink)

Though the divide between reason-based and causal-explanatory approaches in psychiatry and psychopathology is old and deeply rooted, current trends involving multi-factorial explanatory models and evidence-based approaches to interpersonal psychotherapy, show that it has already been implicitly bridged. These trends require a philosophical reconsideration of how reasons can be causes. This paper contributes to that trajectory by arguing that Donald Davidson’s classic paradigm of 1963 is still a valid option.

Over the last five decades, philosophers of language have looked into the mechanisms for doing things with words. The same attention has not been devoted to how to undo those things, once they have been done. This paper identifies and examines three strategies to make one’s speech acts undone—namely, Annulment, Retraction, and Amendment. In annulling an act, a speaker brings to light its fatal flaws. Annulment amounts to recognizing an act as null, whereas retraction and amendment amount to making it (...) null. Speakers employ retraction to cancel the deontic updates engendered by a given act. They instead use amendment to adjust its degree of strength. I will argue that annulling, retracting, and amending are second-order speech acts, whose felicity conditions vary with the type of illocution they operate on. Undoing is therefore conceived of as a form of doing. Furthermore, I claim that, in calling off our acts, we undo the conventional or illocutionary effects of our words while leaving intact their past causal or perlocutionary outcomes. (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)

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

In this paper, I develop a speech-act based account of presumptions. Using a score-keeping model of illocutionary games, I argue that presumptions construed as speech acts can be grouped into three illocutionary act types defined by reference to how they affect the state of a conversation. The paper is organized into two parts. In the first one, I present the score-keeping model of speech act dynamics; in particular, I distinguish between two types of mechanisms—the direct mechanism of illocution and the (...) indirect one of accommodation—that underlie the functioning of illocutionary acts. In the second part, I use the presented model to distinguish between the unilateral act of individual presumption, the point of which is to shift the burden of proof by making the hearer committed to justifying his refusal to endorse the proposition communicated by the speaker, whenever he refuses to endorse it, the bilateral act of joint presumption—‘bilateral’ in that it is performed jointly by at least two conversing agents—the function of which is to confer on the proposition endorsed by the speaker the normative status of jointly recognized though tentative acceptability, and the indirect or back-door act of collective presumption, the purpose of which is to sustain rules and practices to which the conversing agents defer the felicity of their conversational moves. (shrink)

There is a large and growing literature on communal interpretive resources: the concepts, theories, narratives, and so on that a community draws on in interpreting its members and their world. (They're also called “hermeneutical resources” in some places and “epistemic resources” in others.) Several recent contributions to this literature have concerned dominant and resistant interpretive resources and how they affect concrete lived interactions. In this article, I note that “using” interpretive resources—applying them to parts of the world in conversation with (...) others—is “a rule‐governed activity”; and I propose that in oppressive systems, these rules are influenced by the rules of oppression. Section I clarifies some rules governing the use of resources. Section II draws on work by Gaile Pohlhaus, Jr. and others to suggest that according to the present rules of our oppressive system, it is permissible for dominantly situated speakers to dismiss interpretive resources developed in marginalized communities. Section III appeals to Charles Mills's work on White ignorance to propose, further, that our system's rules make it impermissible and deserving of punishment to use resistant resources. The conclusion enumerates several further points about such rules governing the use of interpretive resources, their social effects, and some philosophical literatures. (shrink)

In her analysis of pejoratives, Eva Picardi rejects a too sharp separation between descriptive and expressive content. I reconstruct some of her arguments, endorsing Eva’s criticism of Williamson’s analysis of Dummett and developing a suggestion by Manuel Garcia Carpintero on a speech act analysis of pejoratives. Eva’s main concern is accounting for our instinctive refusal to endorse an assertion containing pejoratives because it suggests a picture of reality we do not share. Her stance might be further developed claiming that uses (...) of pejoratives not only suggest, but also promote a wrong picture of reality. Our refusal to endorse implies rejecting not only a wrong picture of reality but also a call for participation to what that picture promotes. (shrink)

Theories of assertion must explain how silencing is possible. This chapter defends an account of assertion in terms of normative commitments on the grounds that it provides the most plausible analysis of how individuals might be silenced when attempting to make assertions. The chapter first offers an account of the nature of silencing and defends the view that it can occur even in contexts where speakers’ communicative intentions are understood by their audience. Second, it outlines some of the normative commitments (...) characteristic of assertion when used in the speech act of telling;. This commitment view of assertion is then used to explain silencing as a matter of being deprived of the ability to make some of the commitments one is trying to acquire. Finally, the main rivals of the commitment view of assertion endorsed here are shown to be unable to account for silencing, at least when they are considered in their purest form. (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)

How should we explore the relationship between race and educational opportunity? One approach to the Black-White achievement gap explores how race and class cause disparities in access and opportunity. In this paper, I consider how education contributes to the creation of race. Considering examples of classroom micropolitics, I argue that breakdowns of trust and trustworthiness between teachers and students can cause substantial disadvantages and, in the contemporary United States, this happens along racial lines. Some of the disadvantages are academic: high (...) achievement is more difficult when one faces mistrust, ego depletion, effort pessimism, and insult. And within a knowledge economy, exclusion from knowledge work makes one vulnerable to injustice. But the problem goes deeper than achievement, for schools are contexts in which we develop self-understandings and identities that situate us as members of society. If students of color are systematically denied full participation in trusting conversations that create shared knowledge—especially, knowledge that holds power within the dominant culture—they are unjustly deprived resources to form flourishing selves that are suited to the positions of power and authority. The argument suggests that knowledge is not best understood simply as a commodity to be distributed, and opportunity is not just a matter of access. Moreover, even if access is granted, those who are motivated and talented can fail: they drain their willpower by coping with insults, or reasonably lose optimism about their efficacy. Over time, motivation may shift away from achievement, and under the circumstances this can be a rational response. The barriers to achievement are many, but true opportunity is impossible without trust and trustworthiness. (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)

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)

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

Epistemic bystanding occurs when an agent has all the competences, knowledge and opportunity to prevent another person from forming a false or risky belief, but does not prevent the belief formation. I provide a definition of an epistemic bystander and explain the mechanism that makes someone an epistemic bystander. I argue that the phenomenon is genuinely epistemic and not merely linguistic. Moreover, I propose an account of the mechanism of epistemic bystanding building on Ishani Maitra’s notion of licensing. An epistemic (...) bystander licenses a risky belief-forming process in another person and thereby performs a blameworthy epistemic action. This form of licensing explains the distinctive wrong of being an epistemic bystander. (shrink)

One person treats another as a sexual being by responding to their actual or perceived sexual properties. I develop an account of sexualisation to examine this phenomenon, especially as it relates to wrongful treatment such as sexual harassment. On the account proposed here, one person sexualises another when they foreground that person’s sexual properties. Some property of a person is foregrounded when it is introduced to the score of the encounter, following David Lewis’s conception of a conversational score. Having developed (...) a concept of sexualisation, I argue that unwanted sexualisation is wrong because it contradicts a person’s self-presentation. Unwanted sexualisation is a particularly serious instance of this due to cultural norms surrounding sex and the practice of unwanted sexualisation. (shrink)

Public arguments can be good or bad not only as a matter of logic, but also in the sense that speakers can _do_ good or bad things with arguments. For example, hate speakers use public arguments to contribute to the subordination of their targets. But how can ordinary speakers acquire the authority to perform subordinating speech acts? This is the ‘Authority Problem’. This paper defends a solution inspired by McGowan’s (Australas J Philos 87:389–407, 2009) analysis of oppressive speech, including against (...) concerns raised by McGowan (Just words: On speech and hidden harm, Oxford University Press, Oxford, 2019) herself. A _deflated_ kind of authority can be gained from the hate speaker’s standing in a norm-governed ‘activity of oppression’. We should be wary about engaging with such speakers in public argument. Even if we counter their arguments, we may still elevate their standing within that activity and so enable them to perform more pernicious speech acts than was previously possible. (shrink)

Testimony is a source of knowledge. A speaker asserts what a hearer may therefore come to know. Assertion has widely been treated as the exclusive or at least the paradigmatic vehicle for testimony. I argue that we testify not only by asserting something, but also by taking something for granted within some other utterance. In philosophy of language, this is called semantic presupposition. The very reasons leading theorists of testimony have for thinking that assertion can be testimony are equally reasons (...) for thinking semantic presupposition can be testimony. (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)

This article sheds light upon the role of the audience in the construction and amendment of populist representative claims that in themselves strengthen representative-represented relationships and simultaneously strengthen ties between the represented who belong to different constituencies. I argue that changes in populist representative claims can be explained by studying the discursive relationship between a populist representative and the audience as a conversation in which both poles give and receive something. From this perspective, populist representative claims, I also argue, can (...) be understood as acts of bonding with the intended effect of constituting ‘the people,’ and inputs from the audience can be seen as conversational exercitives. Populist appeals therefore may change when the audience enacts new permissibility facts and signals to populist representatives that there is another way to strengthen relationships between several individuals belonging to otherwise-different constituencies. (shrink)

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)

Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to do with (...) the unjust manipulation of conversational parameters in context-sensitive discourse. My central example applies contextualism about knowledge ascriptions to questions about knowledge regarding sexual assault allegations, but I will also discuss parallel dynamics in other examples of context-sensitive language involving politically significant terms, including gender terms. The central upshot is that the connections between language, epistemology, and social justice are very deeply interlinked. (shrink)

This paper argues that disabled people can be healthy. I argue, first, following the well-known ‘social model of disability’, that we should prefer a usage of ‘disabled’ which does not imply any kind of impairment that is essentially inconsistent with health. This is because one can be disabled only because limited by false social perception of impairment and one can be, if impaired, disabled not because of the impairment but rather only because of the social response to it. Second, I (...) argue that it is often wrong to use the term ‘healthy’ in a way that makes health inconsistent with any degree whatsoever of health-relevant bodily dysfunction. Whether someone is ‘healthy’ properly-so-called depends on standards of health presupposed in conversational context. Sometimes, I argue, these standards are or ought to be lax enough to allow some people with some health deficits still to count as ‘healthy’ per se. Taking inspiration from David Lewis and Mary Kate Mcgowan, I go on to argue that denying that someone is ‘healthy’ in a context typically succeeds in shifting going presuppositions to require standards strict enough to make that denial acceptable. And this, I conclude by arguing, often constitutes an abuse of conversational power. (shrink)

In contrast to individualistic explanations of social injustice that appeal to implicit attitudes, structural explanations are unintuitive: they appeal to entities that lack clear ontological status, and the explanatory mechanism is similarly unclear. This makes structural explanations unappealing. The present work proposes a structural explanation of one type of injustice that happens in conversations, discursive injustice. This proposal meets two goals. First, it satisfactorily accounts for the specific features of this particular kind of injustice; and second, it articulates a structural (...) explanation that overcomes their unattractiveness. The main idea is that discursive injustice is not the result of biased interlocutors, but of problematic discursive norms. (shrink)

What type of speech act is a norm of action, when the norm is agreed upon as the conclusion of an argumentative dialogue? My hypothesis is that, whenever a norm of action is the conclusion of an argument, it should be analyzed as the statement of a norm and thus as a verdictive speech act. If the context is appropriate, and the interlocutors are sincerely (or institutionally) committed to their argumentative exchange and its conclusion, then this verdictive motivates and institutes (...) a new one with the force of an exercitive. The interlocutors’ recognition and acceptance that the new illocution has been performed lends the norm its exercitive force. (shrink)

Through her silencing thesis, Langton has contributed to the study of epistemic injustice by highlighting a possible cause of such a phenomenon: She asserts that the pornographic representation of sexual relationships affects the felicity conditions of speech uttered by women, so this speech is not understood as an illocution by men. This fact arguably undermines women’s credibility, since their testimony is not even registered in men’s testimonial sensibility. However, this thesis entails problematic consequences from at least two standpoints. From a (...) theoretical perspective, it enacts a circularity when it comes to the empirical individuation of the subordinative effects of pornography. I will point out that this problem arises from Langton’s substantive conception of power, i.e. from her notion of authority as an attribute which can be ascribed to preexisting subjects. From a political perspective, such conception of power allows Langton to performatively rank women as credible when testifying sexual violence, but it also leads her to silencing alternative political strategies, e.g. the ones proposed by Butler. Hence, I propose to consider this form of silencing as a specific kind of epistemic injustice, one that neutralises the performative value of political discourses. (shrink)

This paper builds upon Mary Kate McGowan’s analysis of the mechanisms of harm in conversations (McGowan 2004; 2009). McGowan describes how a speaker’s intervention might constitute harm by enacting what is permissible to do in the conversation thereafter. We expand McGowan’s analysis in two ways: first, we use her account to argue for the potential of interlocutor’s silence, not only speaker’s intervention, to enact harm; second, we introduce a new party into the picture: observers of the conversation. We propose that (...) not only interlocutors who contribute to harm through action, but also those who do so by omission are morally responsible for that harm. We focus on one aspect of conversations: introduction of presuppositions. We argue that when the presupposition is morally problematic (e.g., sexist, ableist, racist, homo-, trans- or xeno-phobic), interlocutors have a moral responsibility to block it. This responsibility comes in degrees, and, importantly, depends on whether the interlocutor’s speech capacity is diminished by the harmful presupposition (i.e. whether the interlocutor is being silenced). Unlike common approaches to harm in speech, which take the unit of analysis to be the speaker-interlocutor relationship, we take as unit of analysis the relationship between the pair speaker-interlocutor and an observer. Problematic presuppositions introduced in conversations can harm observers overhearing these conversations (as well society as a whole), and prevention of such harm motivates our proposal for attribution of responsibility to interlocutors. We proceed as follows. First we review the dynamics of presupposition introduction. Second, we briefly introduce McGowan’s analysis of conversational pragmatics, subscribing to her account that some conversational moves constitute a special type of harm related to oppression, and outline a taxonomy of the pathways through which harm can be inflicted upon observers and the society as a whole. In the third part we articulate our argument that in the cases of presupposition introduction considered here, interlocutors are not merely allowing harm, but actively doing it, and put forward our proposal for responsibility attribution. Finally, we address potential objections, and situate our proposal within a broader project to fight oppressive speech. (shrink)

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.

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)

Drawing on the relevant alternatives framework and Mary Kate McGowan’s work on conversational scorekeeping, I argue that usage of the term ‘conspiracy theory’ in ordinary language and public discourse typically entails the performance of what I call a dismissive conversational exercitive, a kind of speech act that functions to exclude certain propositions from (or prevent their inclusion in) the set of alternatives considered relevant in a given conversational context. While it can be legitimate to perform dismissive conversational exercitives, excluding alternatives (...) that deserve to be taken seriously can be highly problematic for a variety of reasons. For one, it can give rise to what I call the problem of premature conclusions when subjects illegitimately dismiss certain propositions as irrelevant and, as a result, prematurely take certain conclusions or claims to be warranted. Depending on the kind of conclusion or claim, the problem can come in different variants, three of which I shall examine in more detail: the problem of premature knowledge claims, the problem of premature causal claims, and the problem of premature generic generalizations. (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)

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

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.

ABSTRACT The article advances a multidimensional semantics for slurs, according to which they express a standard at-issue content along with a conventional implicature. By contrast with existent conventional implicature accounts (McCready, 2010), it is argued that the not at-issue content of slurs is a property, instead of a proposition. When complemented with a dynamic pragmatic framework (Portner, 2004), the view implies that an utterance containing a slur carries two different discursive functions, that is, it updates two different components of context: (...) the at-issue content updates the common ground; the not at-issue content updates the To-Do List. It is then showed how the view explains the way in which uses of slurs are capable of modifying permissibility facts and hence of bringing harm to their targets. Finally, the article shows how the present account deals with different conversational moves that slurs make available like those of propaganda, attack, complicity or appropriation. (shrink)

This essay enriches causal models capturing the propagation of prejudice, bias, and other aggregative social mechanisms, negative or positive. These explananda include the reinforcement of economic inequality, “mob-like” behavior, peer pressure, and the establishment of social norms. The stage is set by introducing various forms of redundant causation and discussing some difficulties with mainstream preemption. Next the main proposal extends current representations of aggregative social mechanisms in two respects. First, it is more nuanced, as it identifies three distinct kinds of (...) inferences: relevance of causes to effects, degree of redundancy of an effect, and the influence that causes exert on other causes. Second, it offers a quantitative—as opposed to merely qualitative—distinction between the causal contribution of preempting and preempted causes. (shrink)