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Switch to: References
Citations of:
On 'Whites Only' Signs and Racist Hate Speech: Verbal Acts of Racial Discrimination
In Ishani Maitra & Mary Kate McGowan (eds.), Speech and Harm: Controversies Over Free Speech. Oxford: Oxford University Press. pp. 121-147 (2012)
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Recently, Jennifer Saul (“Racial Figleaves, the Shifting Boundaries of the Permissible, and the Rise of Donald Trump”, 2017; “Racist and Sexist Figleaves”, 2021) has explored the use of what she calls “figleaves” in the discourse on race and gender. Following Saul, a figleaf is an utterance that, for some portion of the audience, blocks the conclusion that some other utterance, R, or the person who uttered R is racist or sexist. Such racial and gender figleaves are pernicious, says Saul, because, (...) |
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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 (...) |
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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. |
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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 (...) |
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In this paper, I derive a test for distinguishing between derogatory terms by expanding upon Seana Shiffrin’s recent “thinker-based approach.” Protection on her account extends to many forms of speech due to a connection between speech and an individual’s development of autonomous thought. Shiffrin questions whether there is protection for corporate and commercial speech. The latter have a tendency to interfere with autonomous thought processes and do not clearly serve their development. I argue that these reasons for limitation serve as (...) |
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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 (...) |
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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. |
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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 (...) |
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The goal of this paper is to give an account of the pragmatic and social function of slurs, taken as speech acts. I develop a theory of the distinctive illocutionary force and pragmatic structure of slurs. I argue that slurs help to produce subjects who occupy social identities carved out by pernicious ideologies, and that they do this whether or not anyone involved intends for the slur to work that way or has any particular feelings or conscious thoughts associated with (...) |
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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 (...) |
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In this response to the five philosophers who engaged her Toward a Feminist Theory of the State in decades-down-the-road assessments, Professor MacKinnon takes up the central questions in the dialogues they raised on questions of epistemology, method, social construction, racism, and judgment. She re-asserts the centrality of sexuality in gender and sexual abuse in gender inequality and recounts some of the legal consequences of this critique, which she originated. |
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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 (...) |
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