We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by ‘speech’, in the context ‘free speech’, is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

Rae Langton and Jennifer Hornsby have argued that pornography might create a climate whereby a woman’s ability to refuse sex is literally silenced or removed. Their central argument is that a failure of ‘uptake’ of the woman’s intention means that the illocutionary speech act of refusal has not taken place. In this paper, I challenge the claims from the Austinian philosophy of language which feature in this argument. I argue that uptake is not in general required for illocution, nor is (...) it required for refusal in particular. I conclude with remarks on the relationship between illocutionary and perlocutionary speech-acts. (shrink)

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

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

Written in an outstandingly clear and lively style, this 1969 book provokes its readers to rethink issues they may have regarded as long since settled.

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.

The thirteen specially-commissioned essays in this volume are written by philosophers at the forefront of feminist scholarship, and are designed to provide an accessible and stimulating guide to a philosophical literature that has seen massive expansion in recent years. Ranging from history of philosophy through metaphysics to philosophy of science, they encompass all the core subject areas commonly taught in anglophone undergraduate and graduate philosophy courses, offering both an overview of and a contribution to the relevant debates. Together they testify (...) to the intellectual value of feminism as a radicalizing energy internal to philosophical inquiry. This volume will be essential reading for any student or teacher of philosophy who is curious about the place of feminism in their subject. (shrink)

Book synopsis: Foundations of Speech Act Theory investigates the importance of speech act theory to the problem of meaning in linguistics and philosophy. The papers in this volume, written by respected philosophers and linguists, significantly advance standards of debate in this area. Beginning with a detailed introduction to the individual contributors, this collection demonstrates the relevance of speech acts to semantic theory. It includes essays unified by the assumption that current pragmatic theories are not well equipped to analyse speech acts (...) satisfactorily, and concludes with five studies which assess the relevance of speech act theory to the understanding of philosophical problems outside the area of philosophy of language. (shrink)

This paper criticizes Langton's speech act account of MacKinnon's claim about (the subordinating force of) pornography and offers a different account of how speech might enact harmful norms and thus constitute harm.

The fundamental tenet of the liberal conception of free speech is the principle of content neutrality, which Mill espoused in claiming that 1 On this view, the immorality, the falsity, and even the harmfulness of an opinion are not good reasons to censor it. s persuasion may be, not only of the falsity but of the pernicious consequenceslose their immunitys justification can be doubted. But I will not discuss these issues, on which there is already an immense literature, any further (...) here. (shrink)