Ignorant speech, which spreads falsehoods about people and policies, is pervasive in public discourse. A popular response to this problem recommends countering ignorant speech with more speech, rather than legal regulations. However, Mary Kate McGowan has influentially argued that this ‘counterspeech’ response is flawed, as it overlooks the asymmetric pliability of conversational norms: the phenomenon whereby some conversational norms are easier to enact than subsequently to reverse. After demonstrating that this conversational ‘stickiness’ is an even broader concern for counterspeech than (...) McGowan suggests—it applies not just to oppressive or hateful speech, but also to ordinary policy-related misinformation—I argue that a more sophisticated account of counterspeech can nevertheless overcome it. First, the stickiness objection overlooks the distinction between ‘negative’ and ‘positive’ counterspeech. Instead of directly negating a distorted proposition, positive counterspeech affirms a correct proposition that is inconsistent with the falsehoods at hand. This, I contend, allows it to counter ignorant speech without triggering the properties that render it sticky. Second, the stickiness objection presupposes an unrefined conception of counterspeech’s temporality. Counterspeech should be understood as a diachronic process, which not only follows, but also pre-empts, ignorant utterances. Drawing on speech-act theories of silencing, I argue that pre-emptive counterspeech can condition the conversational context so as to prevent subsequent ignorant utterances from enacting sticky conversational norms. Thus, this theoretically-refined conception of counterspeech helps appreciate how verbal responses might overcome the stickiness of conversational norms; and, in doing so, it reveals that this stickiness need not provide reasons to prefer legal remedies to counterspeech. (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)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may miss what is (...) most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (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)

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)

In order to lie, you have to say something that you believe to be false. But lying is not simply saying what you believe to be false. Philosophers have made several suggestions for what the additional condition might be. For example, it has been suggested that the liar has to intend to deceive (Augustine 395, Bok 1978, Mahon 2006), that she has to believe that she will deceive (Chisholm and Feehan 1977), or that she has to warrant the truth of (...) what she says (Carson 2006). In this paper, I argue that none of the existing definitions of lying identify a necessary condition on lying. I claim that lying is saying what you believe to be false when you believe that the following norm of conversation is in effect: "Do not say what you believe to be false" (Grice 1989, 27). And I argue that this definition handles all of the counter-examples to the existing definitions. (shrink)

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

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)

The ‘marketplace of ideas’ is an influential metaphor with widespread currency in debates about freedom of speech. We explore a number of ways competition between ideas might be described as occurring in a marketplace and find that none support the use of the metaphor. We suggest that an alternative metaphor, that of the ‘garden of ideas’, may offer more productive insights into issues surrounding the regulation of speech.

Philosophy &Public Affairs, Volume 47, Issue 2, Page 208-254, Spring 2019.