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)

I explore how we negotiate sexual encounters with one another in language and consider the pragmatic structure of such negotiations. I defend three theses: Discussions of consent have dominated the philosophical and legal discourse around sexual negotiation, and this has distorted our understanding of sexual agency and ethics. Of central importance to good-quality sexual negotiation are sexual invitations and gift offers, as well as speech designed to set up safe frameworks and exit conditions. Sexual communication that goes well does not (...) just prevent harm; it enables forms of agency, pleasure, and fulfillment that would not otherwise be possible. (shrink)

Uptake and Conventionality in Illocution The aim of this paper is to put forward a new way of conceiving of the conventionality of illocutionary acts, grounded in a new look at Austin's original ideas. While the indispensability of uptake has correctly been deemed to be a hallmark of illocution, it has also been taken as evidence of the intention-based nature of illocutionary acts as opposed to their alleged conventionality. After discussing the readings of the "securing of uptake" offered by Strawson (...) and Searle and commenting on the consequently established divide between "communicative" and conventional speech acts, I claim that illocutionary acts are conventional, first of all, because they have conventional effects. I show that Austin took such effects to be essential to illocution and argue that the bringing about of conventional effects is bound up with the indispensability of uptake. (shrink)

The aim of this paper is to evaluate which context determines the illocutionary force of written or recorded utterances—those involved in written texts, films and images, conceived as recordings that can be seen or heard in different occasions. More precisely, my paper deals with the “metaphysical” or constitutive role of context—as opposed to its epistemic or evidential role: my goal is to determine which context is semantically relevant in order to fix the illocutionary force of a speech act, as distinct (...) from the information the addressee uses to ascertain the semantically relevant context. In particular I will try to assess two different perspectives on this problem, a Conventionalist Perspective and an Intentionalist Perspective. Drawing on the literature on indexicals in written texts and recorded messages, I will argue in favor of the Intentionalist Perspective: the relevant context is the one intended by the speaker. Bringing intentions into the picture, however, requires qualification; in particular, I will distinguish my Weak Intentionalist proposal from a Strong Intentionalist one. I will show that the Weak Intentionalist Perspective is flexible enough to deal with cases of delayed communication, but not so unrestricted as to yield counter-intuitive consequences. (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)

Rae Langton here draws together her ground-breaking and contentious work on pornography and objectification. She shows how women come to be objectified -- made subordinate and treated as things -- and she argues for the controversial feminist conclusions that pornography subordinates and silences women, and women have rights against pornography.

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.

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.

This paper argues that an addressee's failure to recognize a speaker's authority can constitutes another form of silencing.

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

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)

Speech acts are a staple of everyday communicative life, but only became a topic of sustained investigation, at least in the English-speaking world, in the middle of the Twentieth Century.[1] Since that time “speech act theory” has been influential not only within philosophy, but also in linguistics, psychology, legal theory, artificial intelligence, literary theory and many other scholarly disciplines.[2] Recognition of the importance of speech acts has illuminated the ability of language to do other things than describe reality. In the (...) process the boundaries among the philosophy of language, the philosophy of action, the philosophy of mind and even ethics have become less sharp. In addition, an appreciation of speech acts has helped lay bare an implicit normative structure within linguistic practice, including even that part of this practice concerned with describing reality. Much recent research aims at an accurate characterization of this normative structure underlying linguistic practice. (shrink)

It is always awkward when someone asks me informally what I’m working on and I answer that I’m trying to figure out what gender is. For outside a rather narrow segment of the academic world, the term ‘gender’ has come to function as the polite way to talk about the sexes. And one thing people feel pretty confident about is their knowledge of the difference between males and females. Males are those human beings with a range of familiar primary and (...) secondary sex characteristics, most important being the penis; females are those with a different set, most important being the vagina or, perhaps, the uterus. Enough said. Against this background, it isn’t clear what could be the point of an inquiry, especially a philosophical inquiry, into “what gender is”. (shrink)

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)

In this paper, I shall be 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.1 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. (shrink)

A number of authors have argued that the fact that certain indexicals depend for their reference-determination on the speaker’s referential intentions demonstrates the inadequacy of associating such expressions with functions from contexts to referents (characters). By distinguishing between different uses to which the notion of context is put in these argument, I show that this line of argument fails. In the course of doing so, I develop a way of incorporating the role played by intentions into a character-based semantics for (...) indexicals and I argue that the framework I prefer is superior to an alternative which has been proposed by others. (shrink)

In my paper, I present two competing perspectives on the foundational problem (as opposed to the descriptive problem) of quantifier domain restriction: the objective perspective on context (OPC) and the intentional perspective on context (IPC). According to OPC, the relevant domain for a quantified sentence is determined by objective facts of the context of utterance. In contrast, according to IPC, we must consider certain features of the speaker’s intention in order to determine the proposition expressed. My goal is to offer (...) a plausible and fair reconstruction of IPC. Drawing a parallel between quantifier domain restriction and standard cases of context dependence as indexicality, I argue that the speaker’s intentions can play a semantic role only if they satisfy an Availability Constraint: an intention must be made available or communicated to the addressee, and for that purpose the speaker can exploit any feature of the objective context (words, gestures, relevance or uniqueness of either the quantificational domain or of the referent in the context of utterance). An intention satisfying the Availability Constraint must be something that a hearer in normal circumstances is able to work out by relying on the physical surroundings of the utterance situation, on utterances exchanged during the previous conversation, and on background knowledge shared by speaker and addressee. (shrink)