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

Catcalls have been said to insult, intimidate, and silence their targets. The harms that catcalls inflict on individuals are reason enough to condemn them. This paper argues that they also inflict a type of structural harm by subordinating their targets. Catcalling initiates an unwanted conversation where none should exist. This brings the rules and norms governing conversations to bear in such a way that the catcall assigns their target a ‘subordinate discourse role’. This not only constrains the behaviour of the (...) target here and now, but also influences the norms governing future conversations. Catcalls are then not only bad because of the effects on their target, but also because of their pernicious contribution to the wider normative landscape. (shrink)

This paper offers a systematic classification and characterization of speech acts and their norms. Recently, the normative approach has been applied to various speech acts, most notably to constatives. I start by showing how the work on the norms of assertion has influenced various approaches to the norms of other speech acts. I focus on the fact that various norms of assertion have different extensions, i.e., they denote different clusters of illocutions as belonging to an assertion. I argue that this (...) has consequences for theorising about norms of other speech acts and generates certain arbitrary divisions. In the central part, I analyse two groups of speech acts. Firstly, ordinary speech acts, like predictions or retractions. Secondly, I indicate how the normative view can be extended to so-called ancillary speech acts, like presuppositions or implicatures. I end with a discussion of possible extensions of the normative approach, focusing on the debate on lying. (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)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

Drawing on work from Marina Sbisà’s “Ideology and the Persuasive Use of Presupposition” (1999), Rae Langton has developed a powerful account of the subtle mechanisms through which hate speech and propaganda spread. However, this model has a serious limitation: it focuses too strongly on individual speech acts isolated from their wider context, rendering its applicability to a broader range of cases suspect. In this chapter, I consider the limits of presupposition accommodation to clarify the audience’s role in helping hate speakers, (...) and claim the necessary mechanisms are much more active and social than Langton suggests, with effects not capturable in the analysis of isolated speech acts. I revisit Sbisà’s work on presupposition and develop an alternative model that (1) improves upon the Langtonian model for explaining the power of hate propaganda, and (2) is more in line with Sbisà’s original approach to ideology and the normative aspects of presupposition. (shrink)

The truth-justification is an enduring explanation for valuing free speech. This paper seeks to advance an account of “assertion”, found in speech act theory, that can identify speech which contributes to truth-discovery in a nuanced way. I apply the dialectic theory of assertion which emphasises the language game of giving and asking for reasons to believe things as assertional social practice. In doing so, I consider what “moves” in this game make sense from a truth-discovery perspective, drawing together contemporary and (...) foundational work on assertion in linguistics to fit the normative context of law. Speech act theory is often invoked in current free speech literature to identify regulable speech, but less typically to identify speech that warrants legal protection. I contextualise my theory within this existing legal work and show how the model I advocate for applies across many formulations of the truth-justification to offer comprehensive explanatory and justificatory power. I also explore the potential appeal of alternative theories of assertion and explain why they are a poor fit in comparison to the dialectical account. (shrink)

Should college teachers still teach works with immoral content? What if the works are by deeply immoral thinkers? This guide is intended to help us answer these sorts of pedagogical questions by articulating the pertinent moral issues and then suggesting strategies for navigating them.

ABSTRACT A widespread thesis in contemporary philosophy of language is that certain speech constitutes, rather than merely causes, harm. McGowan develops a prescriptive account of harm constitution, according to which harm-constituting speech enacts norms that prescribe harm. Ordinary verbal bigotry, she claims, is harmful in this sense. We submit that the norms enacted by ordinary racist (or otherwise bigoted) utterances are not prescriptive. In our view, ordinary verbal bigotry enacts ‘non-neutrally’ permissive norms rendering harmful behaviours locally permitted—and indeed preferred over (...) non-harmful options. We conclude by arguing that, although ordinary verbal bigotry enacts non-prescriptive norms, it can still constitute harm. (shrink)

McGowan argues that everyday verbal bigotry makes a key contribution to the harms of discriminatory inequality, via a mechanism that she calls sneaky norm enactment. Part of her account involves showing that the characteristic of conversational interaction that facilitates sneaky norm enactment is in fact a generic one, which obtains in a wide range of activities, namely, the property of having conventions of appropriateness. I argue that her account will be better-able to show that everyday verbal bigotry is a key (...) factor in social inequality if it tries to isolate a more specific property of conversation as the thing that facilitates sneaky norm enactment. (shrink)

Recent arguments trying to justify further free speech restrictions by appealing to harms that are allegedly serious enough to warrant such restrictions regularly fail to provide sufficient empirical evidence and normative argument. This is also true for the attempt made by Bonotti and Seglow. They offer no valid argument for their claim that it is wrong to direct “religiously offensive speech” at “unjustly disadvantaged” minorities (thereby allegedly undermining their “self-respect”), nor for their further claim that this is not the case (...) when such speech is directed at “established majorities.” Moreover, their account has either counter-intuitive moral implications or succumbs to logical or pragmatic incoherence. Thus, they have not adduced convincing reasons to further restrict speech. In fact, some of the reasons for this failure provide, in turn, positive reasons in support of free speech. Two important (not new, but newly confirmed) reasons are that restricting free speech undermines both equal civic standing as well as fact-guided (as opposed to blindly ideological) policies. Free speech, in contrast, is indispensable for both. (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)

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

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)

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)

Recent feminist philosophy of language has highlighted the ways that the speech of women can be unjustly impeded, because of the way their gender affects the uptake their speech receives. In this chapter, I explore how similar processes can undermine the speech of a different sort of speaker: Indigenous communities. This involves focusing on Indigeneity rather than gender as the salient social identity, and looking at the ways that group speech, rather than only individual speech, can be unjustly impeded. To (...) do this, I make use of the notion of ‘discursive injustice’ that has been developed by Quill Kukla, and, with reference to three case studies, show how discursive injustice can effectively derail the speech of Indigenous communities. (shrink)

Harmful and dangerous language is frequent in social media, in particular in spaces which are considered anonymous and/or allow free participation. In this paper, we analyse the language in a Telegram channel populated by followers of Donald Trump, in order to identify the ways in which harmful language is used to create a specific narrative in a group of mostly like-minded discussants. Our research has several aims. First, we create an extended taxonomy of potentially harmful language that includes not only (...) hate speech and direct insults, but also more indirect ways of poisoning online discourse, such as divisive speech and the glorification of violence. We apply this taxonomy to a large portion of the corpus. Our data gives empirical evidence for harmful speech such as in/out-group divisive language and the use of codes within certain communities which have not often been investigated before. Second, we compare our manual annotations to several automatic methods of classifying hate speech and offensive language, namely list based and machine learning based approaches. We find that the Telegram data set still poses particular challenges for these automatic methods. Finally, we argue for the value of studying such naturally occurring, coherent data sets for research on online harm and how to address it in linguistics and philosophy. (shrink)

A recurring concern within contemporary philosophy of language has been with the ways in which speakers can be illocutionarily silenced, i.e. hindered in their capacity to do things with words. Moving beyond the traditional conception of silencing as uptake failure, Mary Kate McGowan has recently claimed that silencing may also involve other forms of recognition failure. In this paper I first offer a supportive elaboration of McGowan’s claims by developing a social account of speech act performance, according to which the (...) success of an illocutionary act is not only a function of the intentions of and the conventions deployed by the speaker, but partly depends on how the act is recognized or taken up by the hearer. I then provide a comprehensive definition of illocutionary silencing and spell out what it means for it to occur in a systematic manner. (shrink)

In this paper, I engage with a recent contextualist account of gender terms proposed by Díaz-León, E. 2016. “Woman as a Politically Significant Term: A Solution to the Puzzle.” Hypatia 31 : 245–58. Díaz-León’s main aim is to improve both on previous contextualist and non-contextualist views and solve a certain puzzle for feminists. Central to this task is putting forward a view that allows trans women who did not undergo gender-affirming medical procedures to use the gender terms of their choice (...) to self-identify. My goal is to investigate Díaz-León’s proposal, point out several shortcomings of the view and discuss possible replies on her part. (shrink)

This paper examines Mary Kate McGowan’s account of oppressive speech. McGowan argues that ordinary hateful speech can oppress by enacting discriminatory norms, and further, that this enactment sometimes renders the speech regulable under current United States law. In response, the paper raises two sets of questions. First, it asks about the contents of the norms enacted by a given hateful utterance, and specifically, about what determines those contents. Second, the paper also questions McGowan’s emphasis on the distinction between causing harm (...) and enacting (or constituting) harm. It argues that, contra that emphasis, this distinction doesn’t matter for the regulability of speech in McGowan’s central cases. (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)

In this paper, I explain the kinematics of non-ideal metalinguistic disagreement. This occurs when one speaker has greater control in the joint activity of pairing contents with words in a context. I argue that some forms of non-ideal metalinguistic disagreement are deeply worrying, namely those that involves certain power imbalances. In such cases, a speaker possesses illegitimate control in metalinguistic disagreement owing to the operation of identity prejudice. I call this metalinguistic injustice. The wrong involves restricting a speaker from participating (...) in the processes that determine the epistemic/linguistic resources of a conversation, and/or undermining a speaker's ability to affect metalinguistic outcomes. (shrink)

This paper addresses the following question: Can one and the same utterance token, in one unique speech situation, intentionally and conventionally perform a plurality of illocutionary acts? While some of the recent literature has considered such a possibility Perspectives on pragmatics and philosophy. Springer, Cham, pp 227–244, 2013; Johnson in Synthese 196:1151–1165, 2019), I build a case for it by drawing attention to common conversational complexities unrecognized in speech acts analysis. Traditional speech act theory treats communication as: a dyadic exchange (...) between a Speaker and a Hearer who trade illocutionary acts endowed with one and only one primary force. I first challenge assumption by discussing two contexts where plural illocutionary forces are performed in dyadic discussions: dilemmatic deliberations and strategic ambiguity. Further, I challenge assumption by analyzing poly-adic discussions, where a speaker can target various participants with different illocutionary acts performed via the same utterance. Together, these analyses defend illocutionary pluralism as a significant but overlooked fact about communication. I conclude by showing how some phenomena recently analyzed in speech act theory—back-door speech acts New work on speech acts. Oxford University Press, Oxford, pp 144–164, 2018) and dog-whistles New work on speech acts. Oxford University Press, Oxford, pp 360–383, 2018)—implicitly presuppose illocutionary pluralism without recognizing it. (shrink)

In Jeremy Waldron’s book, The Harm in Hate Speech, it is not always clear whether he argues that hate speech causes harm or whether it constitutes harm. This article considers this uncertainty, concluding that the best understanding of Waldron’s argument is that hate speech tends to cause harm - a weak form of the consequentialist case for its proscription. His argument is not advanced by his apparent reliance on speech-act theory.

Hate speech and misinformation are rife. How to respond? Counterspeech proposals say: with more and better speech. This paper considers the treatment of counterspeech in Maxime Lepoutre’s Democratic Speech In Divided Times. Lepoutre provides a nuanced defence of counterspeech. Some counterspeech, he grants, is flawed. But, he says: counterspeech can be debugged. Once we understand why counterspeech fails – when fail it does – we can engineer more effective counterspeech strategies. Lepoutre argues that the failures of counterspeech can be theorised (...) using the ideology of salience. Negative counterspeech fails because it reinforces the salience of the very ideas or associations that it contests. His solution? Positive counterspeech – a form of counterspeech which avoids the salience trap. I argue that the salience paradigm is ill-suited to theorise the failures of counterspeech. I suggest some alternatives. Further, I show that these alternative paradigms make importantly different practical recommendations – recommendations concerning how we ought to engineer our counterspeech – from those issued by the salience paradigm. (shrink)

This paper discusses the speech act of disavowal, focusing in particular on disavowals of prior speech acts. It is argued that disavowals are often used when speakers wish to distance themselves in certain ways from some past speech act, but cannot (or should not) retract it. An account is offered according to which disavowals involve three components: an admission of having performed the target act, a denunciation of that act, and an accounting for the act. Disavowals are compared to the (...) related speech acts of denial, retraction, apology, as well as the use of figleaves in political speech. (shrink)

ABSTRACT This essay considers Mary Kate McGowan's contention that no account of hate speech is adequate if it does not explain how such speech constitutes harm to those targeted by it. ‘Constitutes’ is suppose dot mean something different than ‘causes.’ McGowan's suggestion that the speech enacts a norm offers an interesting dimension to our understanding of the harm of hate speech. But I argue that it is important to distinguish carefully between ‘norm-enactment’ and ‘norm-application’ in this model. Failure to attend (...) to that distinction blunts the force of the normative account. (shrink)

McGowan argues “that ordinary utterances routinely enact norms without the speaker having or exercising any special authority” and thereby not “merely cause” but “constitute” harm if harm results from adherence to the enacted norms. The discovery of this “previously overlooked mechanism,” she claims, provides a potential justification for “further speech regulation.” Her argument is unsuccessful. She merely redefines concepts like “harm constitution” and “norm enactment” and fails to explain why speech that “constitutes” harm is legally or morally problematic and thus (...) an initially more plausible target for speech regulation than speech that “merely causes” harm. Even if she could explain that, however, her account would still be incapable of identifying cases where utterances “constitute harm.” This is so for two reasons. First, she provides neither analytical nor empirical criteria for deciding which so-called “s-norms” have been enacted by an “ordinary utterance.” Second, even if such criteria could be provided, there is no epistemically available means to distinguish whether harm has ensued due to adherence to the enacted s-norms or through other mechanisms. Given this lack of criteria and practical applicability, there is no way that this account could serve as a principled basis for speech regulation – it could only serve as a pretext for arbitrary censorship. (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)

McGowan has provided a linguistic mechanism that explains how speech can constitute harm. Her idea is that utterances routinely enact s-norms about what is permissible in a given context. My aim is to argue that these s-norms are sensitive to the conversational standing of the speaker. In particular, I claim that the strength of the norm enacted depends on the standing of the speaker. In some cases, the speaker might even lack the standing required to enact new s-norms.

In this paper I describe three kinds of mansplaining, “well, actually” mansplaining, straw-mansplaining, and speech act–confusion mansplaining. While these three kinds have much in common, I focus on speech act–confusion mansplaining and offer a speech act theoretic account of what goes wrong when people mansplain in this way. In cases of speech act–confusion mansplaining, the target of the mansplaining is not able to do what she wants with her words. Her conversational contribution is taken to have a different force than (...) the force she intends. This contributes to women’s discursive disablement and to the restriction of women’s participation in epistemically relevant exchanges. (shrink)

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 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.