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)

Using a combination of semantic theory and findings from conversation analysis, this paper describes a way in which questions, which incorporate presuppositions that are false, when used in a courtroom cross-examination wherein there are certain turn-taking rules, rights and restrictions, stop a rape victim from expressing the content that she wants to express in that context. This kind of silencing contrasts with other kinds of silencing that consist in the disabling of a speech act's force, rather than precluding the expression (...) of certain contents. -/- Content Note: there are explicit descriptions of sexual violence in this paper. (shrink)

Silencing is usually explained in terms of conventionalism about the nature of speech acts. More recently, theorists have tried to develop intentionalist theories of the phenomenon. I argue, however, that if intentionalists are to accommodate the conventionalists' main insight, namely that silencing can be so extreme as to render certain types of speech act completely unavailable to victims, they must take two assumptions on board. First, it must be possible that speakers' communicative intentions are opaque to the speakers themselves. Secondly, (...) it needs to be assumed that structural oppression can have hidden psychological effects on its victims. Since both assumptions can be motivated independently, I argue that silencing can be fully understood without appealing to linguistic conventions. (shrink)

El objetivo de este artículo es proponer cuatro condiciones éticas para la regulación de la pornografía en un Estado con tendencia liberal democrática: las dos primeras se relacionan con la producción del material pornográfico, la tercera con el contenido de dicho material y la cuarta con su repercusión social. De acuerdo con ello, en primer lugar, se presenta una definición de pornografía que incluye las perspectivas de las feministas radicales y liberales. En segundo lugar, se desarrolla un marco normativo para (...) determinar cuándo un material pornográfico es éticamente permisible y cuándo no. Finalmente, se sugiere una recomendación en relación a lo que el Estado debería hacer en cada caso y se hace una distinción entre tres ámbitos: las condiciones bajo las cuales es producido el material pornográfico, el contenido de lo que representa o describe, y sus consecuencias sociales. Se concluye que el Estado no debería censurar todos los materiales pornográficos, como las feministas radicales insisten, sino sólo prohibir y castigar aquellos que no cumplan con las condiciones éticas que se proponen. (shrink)

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

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)

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.

Pornography deserves special protections, it is often said, because it qualifies as speech. Therefore, no matter what we think of its content, we must afford it the protections that we extend to most speech, but don’t extend to other actions.1 In response, Jennifer Hornsby and Rae Langton have argued that the case is not so simple: one of the harms of pornography, they claim, is that it silences women’s speech, thereby preventing women from deriving from speech the very benefits that (...) warranted the special protections in the first place.2 At first glance, it is hard to see how to make sense of this response. If the claim is that pornography prevents women from actually uttering words, then it just seems false; on the other hand, if that isn’t the claim, then it isn’t clear how anyone can be said to be silenced. Faced with such worries, many have been inclined to dismiss these claims about silencing as confused. (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 paper is concerned with the phenomenon that has been labeled 'silencing' in some of the recent philosophical literature. A speaker who is silenced in this sense is unable to make herself understood, even though her audience hears every word she utters. For instance, consider a woman who says “No”, intending to refuse sex. Her audience fails to recognize her intention to refuse, because he thinks that women tend to be insincere, and to not say what they really mean, especially (...) in sexual situations. This speaker’s utterance then goes astray in the manner that constitutes silencing in my sense. Regarding this phenomenon, philosophers such as Rae Langton and Jennifer Hornsby have argued, first, that women are particularly liable to be thus affected, i.e., silenced; second, that, as a result of this silencing, they are systematically disadvantaged; and third, that pornography is responsible for this silencing. Here, I focus on the third of these claims, explaining what it might mean for silencing to be systematic. (shrink)

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

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)

This paper proposes a new category of linguistic harm: that of illocutionary frustration. I argue against Jennifer Hornsby and Rae Langton’s notion of illocutionary silencing by challenging their claim that silencing occurs when there is a lack of uptake of the speaker’s illocutionary act. I look at two scenarios that their view treats differently and argue that these scenarios warrant the same kind of analysis; Hornsby and Langton’s notion of silencing can’t capture the purported difference they want it to capture. (...) I propose that we should look instead to standing to explain the phenomenon that illocutionary silencing intends to explain. I explicate the role of standing in terms of illocutionary frustration, then consider street harassment as an example of a linguistic interaction that is best explained by my proposed view. (shrink)

In this article we develop a taxonomy of emotional injustice: what occurs when the treatment of emotions is unjust, or emotions are used to treat people unjustly. After providing an overview of previous work on this topic and drawing inspiration from the more developed area of epistemic injustice, we propose working definitions of ‘emotion’, ‘injustice’, and ‘emotional injustice’. We describe seven classes of emotional injustice: Emotion Misinterpretation, Discounting, Extraction, Policing, Exploitation, Inequality, and Weaponizing. We say why it is useful to (...) distinguish these and also to subsume them under a single concept. Our aims are both theoretical and practical: to provide a unified account of emotional injustice, while recognizing the diversity of this phenomenon; to facilitate further research on this topic; to recognize the political importance of emotions; and to outline some of the ways in which emotional injustice can be combated. (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)

Since its influential rendering by Rae Langton in her 1993 paper, “Speech Acts and Unspeakable Acts,” the “silencing argument” against pornography has become the subject of a lively debate that continues to this day. My intention in this paper is not to join in the existing debate, but to give a critical overview of it. In its current form, I suggest, it is going nowhere . Yet the silencing argument, I believe, nevertheless contains an indispensable insight—and more radical potential than (...) is usually acknowledged either by its defenders or its opponents. I argue that in order to preserve this insight and unleash its potential, we should begin by adopting the following motto: MacKinnon, not Austin! (shrink)

The business of a sentence is not only to describe some state of affairs but also to perform other kinds of speech acts like ordering, suggesting, asking, etc. Understanding the kind of action performed by a speaker who utters a sentence is a multimodal process which involves the computing of verbal and non-verbal information. This work aims at investigating if the understanding of a speech act is affected by the gender of the actor that produces the utterance in combination with (...) a certain facial expression. Experimental data collected show that, as compared to men, women are less likely to be perceived as performers of orders and are more likely to be perceived as performers of questions. This result reveals a gender bias which reflects a process of women’s subordination according to which women are hardly considered as holding the hierarchical social position required for the correct execution of an order. (shrink)

Claudia Bianchi defends what she calls ‘MacKinnon's claim’: that ‘works of pornography can be understood as illocutionary acts of subordinating women, or illocutionary acts of silencing women’ in response to Saul , and by appeal to the formulations of Langton , Hornsby and Hornsby and Langton . I think Bianchi has two different claims in mind , and that it is important to distinguish the two, since the argument offered for either claim frustrates the aim sought by the other.Bianchi expresses (...) the first claim when she says ‘pornography is the subordination of women’, and that it subordinates ‘by conditioning people to regard women as willing sexual objects’ . Call this Subordination. She expresses the second claim when she says pornography ‘silences women’, and that it does so …. (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)

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)

This article surveys the classic and contemporary literature on the nature and limits of freedom of expression (or free speech). It begins by surveying the main philosophical justifications for free speech, before moving to consider the two most discussed topics in the free speech literature: hate speech and pornography. The article offers some brief reflections on the large number of arguments which have been offered on these topics. Three newer battlegrounds for free speech are examined at the end: no platforming, (...) fake news and online shaming. (shrink)

Drawing on Austin’s speech act theory, many influential scholars view hate speech in terms of speech acts, namely acts of subordination (MacKinnon 1987; Langton 1993, 2012, 2014; Hornsby and Langton 1998; McGowan 2003, 2004; Kukla and Lance 2009; Langton, Haslanger and Anderson 2012; Maitra 2012; Kukla 2014). Austin’s distinction between illocutionary and perlocutionary acts offers a way to set apart speech that constitutes subordination, and speech that merely causes subordination. The aim of my paper is to address the main objection (...) to accounts of hate speech in terms of illocutionary speech acts, that is the Authority Problem. In particular I will claim that what is missing from previous proposals is attention to the broader social context in which ordinary instances of hate speech are embedded, and in particular, attention to the social status of both the speaker and the audience. While the social position of the speaker has been examined by several approaches, the social position of the audience has too often been neglected. I will show that not only must the speaker have a certain kind of standing or social position in order to perform speech acts of subordination, but also the audience must have a certain kind of standing or social position in order to either license or object to the speaker’s authority, and her acts of subordination. (shrink)

In the last twenty years, recorded messages and written notes have become a significant test and an intriguing puzzle for the semantics of indexical expressions (see Smith 1989, Predelli 1996, 1998a,1998b, 2002, Corazza et al. 2002, Romdenh-Romluc 2002). In particular, the intention-based approach proposed by Stefano Predelli has proven to bear interesting relations to several major questions in philosophy of language. In a recent paper (Saul 2006), Jennifer Saul draws on the literature on indexicals and recorded messages in order to (...) criticize Rae Langton's claim that works of pornography can be understood as illocutionary acts – in particular acts of subordinating women or acts of silencing women. Saul argues that it does not make sense to understand works of pornography as speech acts, because only utterances in contexts can be speech acts. More precisely, works of pornography such as a film may be seen as recordings that can be used in many different contexts – exactly like a written note or an answering machine message. According to Saul, bringing contexts into the picture undermines Langton's radical thesis – which must be reformulated in much weaker terms. In this paper, I accept Saul's claim that only utterances in contexts can be speech acts, and that therefore only works of pornography in contexts may be seen as illocutionary acts of silencing women. I will, nonetheless, show that Saul's reformulation doesn't undermine Langton's thesis. To this aim, I will use the distinction Predelli proposes in order to account for the semantic behaviour of indexical expressions in recorded messages – namely the distinction between context of utterance and context of interpretation. (shrink)

I expand on and defend a particular account of silencing that has been identified by Mary Kate McGowan. She suggests that one sort of silencing occurs when men do not think that women have the authority to refuse. I develop this proposal, arguing that it is usefully distinct from other forms of silencing, which attribute a radical misunderstanding to the perpetrator. Authority silencing, by contrast, allows that the perpetrator understands that the woman is trying to refuse. I examine the nature (...) of authority, and of refusal, and argue that a normatively binding refusal requires authority, the normative capacity to make a determination that has a ‘because I said so’ structure. Women’s authority in this sense is fragile. Authority to refuse sexual advances can be lost through women’s attire, how much they have had to drink, location, or their profession. This account makes sense of the way that perpetrators both do and do not understand sexual refusal, and explains how they are blameworthy despite their misunderstanding. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)