Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features and practical considerations . The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues (...) that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue. (shrink)

British philosopher and economist John Stuart Mill is the author of several essays, including Utilitarianism - a defence of Jeremy Bentham's principle applied to the field of ethics - and The Subjection of Women, which advocates legal equality between the sexes. This work, arguably his most famous contribution to political philosophy and theory, was first published in 1859, and remains a major influence upon contemporary liberal political thought. In it, Mill argues for a limitation of the power of government and (...) society over the individual, and defines liberty as an absolute individual right. According to the still much debated 'harm principle', power against the individual can only be exercised to prevent harm to others. Full of contemporary relevance, this essay also defends freedom of speech as a necessary condition of social and intellectual progress. (shrink)

More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. As a signal achievement of that legacy, in 2008, Americans elected their first African American president. Some would argue that we have finally arrived at a postracial America, butThe Imperative of Integration indicates otherwise. Elizabeth Anderson demonstrates that, despite progress toward racial (...) equality, African Americans remain disadvantaged on virtually all measures of well-being. Segregation remains a key cause of these problems, and Anderson skillfully shows why racial integration is needed to address these issues. Weaving together extensive social science findings--in economics, sociology, and psychology--with political theory, this book provides a compelling argument for reviving the ideal of racial integration to overcome injustice and inequality, and to build a better democracy. -/- Considering the effects of segregation and integration across multiple social arenas, Anderson exposes the deficiencies of racial views on both the right and the left. She reveals the limitations of conservative explanations for black disadvantage in terms of cultural pathology within the black community and explains why color blindness is morally misguided. Multicultural celebrations of group differences are also not enough to solve our racial problems. Anderson provides a distinctive rationale for affirmative action as a tool for promoting integration, and explores how integration can be practiced beyond affirmative action. -/- Offering an expansive model for practicing political philosophy in close collaboration with the social sciences, this book is a trenchant examination of how racial integration can lead to a more robust and responsive democracy. (shrink)

The words we call slurs are just plain vanilla descriptions like ‘cowboy’ and ‘coat hanger’. They don't semantically convey any disparagement of their referents, whether as content, conventional implicature, presupposition, “coloring” or mode of presentation. What distinguishes 'kraut' and 'German' is metadata rather than meaning: the former is the conventional description for Germans among Germanophobes when they are speaking in that capacity, in the same way 'mad' is the conventional expression that some teenagers use as an intensifier when they’re emphasizing (...) that social identity. That is, racists don’t use slurs because they’re derogatory; slurs are derogatory because they’re the words that racists use. To use a slur is to exploit the Maxim of Manner (or Levinson’s M-Principle) to signal one’s affiliation with a group that has a disparaging attitude towards the slur’s referent. This account is sufficient to explain all the familiar properties of slurs, such as their speaker orientation and “nondetachability,” with no need of additional linguistic mechanisms. It also explains some features of slurs that are rarely if ever explored; for example the variation in tone and strength among the different slurs for a particular group, the existence of words we count as slurs, such as 'redskin', which almost all of their users consider to be respectful, and the curious absence in Standard English of any commonly used slurs—by which I mean words used to express a negative attitude toward an entire group—for Muslims and women. (shrink)

Less Than Human is a chilling indictment of our nature, and is as timely as it is relevant.

An investigation into the way in which information technology has shaped how and what we know, from "Google-knowing" to privacy and social media.

Sally Haslanger has recently argued that philosophical focus on implicit bias is overly individualist, since social inequalities are best explained in terms of social structures rather than the actions and attitudes of individuals. I argue that questions of individual responsibility and implicit bias, properly understood, do constitute an important part of addressing structural injustice, and I propose an alternative conception of social structure according to which implicit biases are themselves best understood as a special type of structure.

The essay theorizes the responsibilities moral agents may be said to have in relation to global structural social processes that have unjust consequences. How ought moral agents, whether individual or institutional, conceptualize their responsibilities in relation to global injustice? I propose a model of responsibility from social connection as an interpretation of obligations of justice arising from structural social processes. I use the example of justice in transnational processes of production, distribution and marketing of clothing to illustrate operations of structural (...) social processes that extend widely across regions of the world. The social connection model of responsibility says that all agents who contribute by their actions to the structural processes that produce injustice have responsibilities to work to remedy these injustices. I distinguish this model from a more standard model of responsibility, which I call a liability model. I specify five features of the social connection model of responsibility that distinguish it from the liability model: it does not isolate perpetrators; it judges background conditions of action; it is more forward looking than backward looking; its responsibility is essentially shared; and it can be discharged only through collective action. The final section of the essay begins to articulate parameters of reasoning that agents can use for thinking about their own action in relation to structural injustice. a Footnotesa Thanks to David Alexander, Daniel Drezner, David Owen, and Ellen Frankel Paul for comments on an earlier version of this essay. Thanks to David Newstone for research assistance. (shrink)

In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.

Toxic speech inflicts individual and group harm, damaging the social fabric upon which we all depend. To understand and combat the harms of toxic speech, philosophers can learn from epidemiology, while epidemiologists can benefit from lessons of philosophy of language. In medicine and public health, research into remedies for toxins pushes in two directions: individual protections (personal actions, avoidances, preventive or reparative tonics) and collective action (specific policies or widespread “inoculations” through which we seek herd immunity). This paper is the (...) beginning of a project of identifying potential inoculations and antidotes to toxic speech. The essay brings a social practice theory of language, with special reliance on language‐games and inferential roles, into conversation with concepts from the study of biologic toxins. Some speech harms are acute while others are chronic and insidious; they have different methods of delivery, come in variable doses, and not everyone is equally susceptible to the power to harm. I argue that of the many kinds of challenges we might issue against toxic speech, challenging its expressive commitments has the greatest potential to stop the damage. The essay explores the different sorts of protections that inoculations and antidotes might offer against discursive toxins and sketches how to imagine these in the practices that govern our speech. The paper does not make policy recommendations, but an epidemiology of discursive toxicity reveals several kinds of “more speech” that might fight against “bad speech.”. (shrink)

Applying a medical conception of toxicity to speech practices, this paper calls for an epidemiology of discursive toxicity. Toxicity highlights the mechanisms by which speech acts and discursive practices can inflict harm, making sense of claims about harms arising from speech devoid of slurs, epithets, or a narrower class I call ‘deeply derogatory terms.’ Further, it highlights the role of uptake and susceptibility, and so suggests a framework for thinking about damage variation. Toxic effects vary depending on one’s epistemic position, (...) access, and authority. An inferentialist account of discursive practice plus a dynamic view of the power of language games offers tools to analyze the toxic power of speech acts. A simple account of language games helps track changes in our discursive practices. Identifying patterns contributes to an epidemiology of toxic speech, which might include tracking increasing use of derogatory terms, us/them dichotomization, terms of isolation, new essentialisms, and more. Using this framework, I analyze some examples of speech already said to be toxic, working with a rough concept of toxicity as poison. Finally, exploring discursive toxicity pushes us to find ways that certain discursive practices might “inoculate” one to absorbing toxic messages, or less metaphorically, block one’s capacity to make toxic inferences, take deontic stances that foster toxicity, etc. (shrink)

The very rules of our language games contain mechanisms of disregard. Philosophy of language tends to treat speakers as peers with equal discursive authority, but this is rare in real, lived speech situations. This paper explores the mechanisms of discursive inclusion and exclusion governing our speech practices, with a special focus on the role of gender attribution in undermining women’s authority as speakers. Taking seriously the metaphor of language games, we must ask who gets in the game and whose moves (...) can score. To do this, I develop an eclectic analysis of language games using basic inferential role theory and the concept of a semantic index, and develop the distinction between positional authority and expertise authority, which often conflict for members of oppressed groups. Introducing the concepts of master switches and sub-switches that attach to the index and change scorekeeping practices, I argue that women’s gender status conflicts with our status as authoritative speakers because sex marking in semantics functions as a master switch—“the F-switch”—on the semantic index, which, once thrown, changes the very game. An advantage of using inferentialism for understanding disregard of women’s discursive authority is that it locates the problem in the sanctioned moves, in the deontic structure of norms and practices of scorekeeping, and not primarily in the individual intentions of particular people. (shrink)

Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.

1. It seems plausible to say that a language is a system of expressions the use of which is subject to certain rules. It would seem, thus, that learning to use a language is learning to obey the rules for the use of its expressions. However, taken as it stands, this thesis is subject to an obvious and devastating refutation. After formulating this refutation, I shall turn to the constructive task of attempting to restate the thesis in a way which (...) avoids it. In doing so, I shall draw certain distinctions the theoretical elaboration of which will, I believe, yield new insight into the psychology of language and of what might be called “norm conforming behavior” generally. The present paper contains an initial attempt along these lines. (shrink)

The rise to power of Donald Trump has been shocking in many ways. One of these was that it disrupted the preexisting consensus that overt racism would be death to a national political campaign. In this paper, I argue that Trump made use of what I call “racial figleaves”—additional utterances that provide just enough cover to give reassurance to voters who are racially resentful but don’t wish to see themselves as racist. These figleaves also, I argue, play a key role (...) in shifting our norms about what counts as racist: they bring it about that something which would previously have been seen as revealing obvious racism is now seen as the sort of thing that a nonracist might say. This gives them tremendous power to corrupt not just our political discourse but our culture more broadly. (shrink)

A microaggression is a small insulting act made disproportionately harmful by its part in an oppressive pattern of similar insults. How should you respond when made the victim of a microaggression? In this paper I survey several morally salient factors, including effects upon victims, perpetrators, and third parties. I argue, contrary to popular views, that ‘growing a thicker skin’ is not good advice nor is expressing reasonable anger always the best way to contribute to confronting oppression. Instead, appropriately responding to (...) microaggression involves difficult application of practical wisdom that does not easily fall under a simple prescription. (shrink)

Did you know that Hillary Clinton sold weapons to ISIS? Or that Mike Pence called Michelle Obama “the most vulgar First Lady we’ve ever had”? No, you didn’t know these things. You couldn’t know them, because these claims are false.1 But many American voters believed them.One of the most distinctive features of the 2016 campaign was the rise of “fake news,” factually false claims circulated on social media, usually via channels of partisan camaraderie. Media analysts and social scientists are still (...) debating what role fake news played in Trump’s victory.2 But whether or not it drove the outcome, fake news certainly affected the choices of some individual voters.Why were people willing to believe easily... (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)

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)

In this paper, I present a new (i.e., previously overlooked) breed of exercitive speech act (the conversational exercitive). I establish that any conversational contribution that invokes a rule of accommodation changes the bounds of conversational permissibility and is therefore an (indirect) exercitive speech act. Such utterances enact permissibility facts without expressing the content of such facts, without the speaker intending to be enacting such facts and without the hearer recognizing that it is so. Because of the peculiar nature ofthe rules (...) of accommodation that generate them, conversational exercitives have importantly different felicity conditions and therefore constitute a new breed ofexercitive speech act. (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.

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)

This essay discusses Rae Langton’s recent collection of essays, Sexual Solipsism: Philosophical Essays on Pornography and Objectification. After introducing some of the major themes of the collection, I raise questions about two of the central concepts in the book. The first question has to do with Langton’s notion of subordination. I ask why she takes pornography to be a subordinating speech act, rather than a subordinating practice, and argue that the latter view has several advantages. The remaining questions have to (...) do with Langton’s notion of objectification. Looking first at the moral dimension of objectification, I raise some concerns about Langton’s strategy for distinguishing instances of objectification from non-instances. Then, turning to Langton’s discussion of the epistemic dimension of objectification, I ask under what circumstances certain belief-forming mechanisms, such as desire-driven projection, are objectifying, on her view. (shrink)

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.

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 (...) using or being targeted by the slur. I offer an Althusser‐inspired account of what an ideology is, as well as of the mechanisms by which slurs can serve to cue and strengthen ideologies. A slur, I argue, is a kind of interpellation, which reduces its target to a generic identity and derogates and subordinates its target. I explore how slurs and ideologies work in tandem to constitute and fortify one another. I end by applying my account to see how well it fits and helps illuminate three quite different, especially complex slurs. (shrink)

I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are entitled (...) to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages. (shrink)

Racial epithets are derogatory expressions, understood to convey contempt toward their targets. But what do they actually mean, if anything? While the prevailing view is that epithets are to be explained pragmatically, I argue that a careful consideration of the data strongly supports a particular semantic theory. I call this view Combinatorial Externalism. CE holds that epithets express complex properties that are determined by the discriminatory practices and stereotypes of their corresponding racist institutions. Depending on the character of the institution, (...) the complex semantic value can be composed of a variety of components. The account has significant implications on theoretical, as well as, practical dimensions, providing new arguments against radical contextualism, and for the exclusion of certain epithets from First Amendment speech protection. (shrink)

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

Pejoratives are the class of expressions that are meant to insult or disparage. They include swear words and slurs. These words allow speakers to convey emotional states beyond the truth-conditional contents that they are normally taken to encode. The puzzle arises because, although pejoratives seem to be a semantically unified class, some of their occurrences are best accounted for truth-conditionally, while others are best accounted for non-truth-conditionally. Where current, non-truth-conditional, views in the literature fail to provide a unified solution for (...) the puzzle, this paper motivates a novel, semantic, analysis of pejorative language. The significance of the proposed solution is not only linguistic in nature, but also philosophical, as it both provides a new argument for, and sheds further light on, the nature of semantic externalism. (shrink)

Feminism is an antiauthoritarian movement that has sought to unmask many traditional “authorities” as ungrounded. Given this, it might seem as if feminists are required to abandon the concept of authority altogether. But, we argue, the exercise of authority enables us to coordinate our efforts to achieve larger social goods and, hence, should be preserved. Instead, what is needed and what we provide for here is a way to distinguish legitimate authority from objectionable authoritarianism.

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

Too often, identifying practices of silencing is a seemingly impossible exercise. Here I claim that attempting to give a conceptual reading of the epistemic violence present when silencing occurs can help distinguish the different ways members of oppressed groups are silenced with respect to testimony. I offer an account of epistemic violence as the failure, owing to pernicious ignorance, of hearers to meet the vulnerabilities of speakers in linguistic exchanges. Ultimately, I illustrate that by focusing on the ways in which (...) hearers fail to meet speaker dependency in a linguistic exchange, efforts can be made to demarcate the different types of silencing people face when attempting to testify from oppressed positions in society. (shrink)