Miranda Fricker has influentially discussed testimonial injustice: the injustice done to a speaker S by a hearer H when H gives S less-than-merited credibility. Here, I explore the prospects for a novel form of testimonial injustice, where H affords S due credibility, that is, the amount of credibility S deserves. I present two kinds of cases intended to illustrate this category, and argue that there is presumptive reason to think that testimonial injustice with due credibility exists. I show that if (...) it is denied that ultimately these cases exemplify testimonial injustice without credibility deficit, then either they must be taken to exemplify a novel kind of epistemic, non-testimonial injustice, or they bring to light a significant exegetical result. (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.

"Catharine A. MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as (...) a matter of sameness and difference--as virtually all existing theory and law have done--covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power"--Back cover. (shrink)

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

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)

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)

We all know that speech can be harmful. But how? Mary Kate McGowan argues that speech constitutes harm when it enacts a norm that prescribes that harm. She investigates such harms as oppression, subordination, and discrimination in such forms of speech as sexist remarks, racist hate speech, pornography, verbal triggers, and micro-aggressions.

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)

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)

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)

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.

Much recent philosophical work argues that power constrains speech—pornography silences women, testimonial injustice thwarts a speaker’s transmission of knowledge, bias distorts the performative force of subordinated speech. Though the constraints that power places on speech are serious, power also enables some speech. Power doesn’t just keep us from speaking—it also makes us speak. In this paper I explore how power produces, rather than constrains, speech. I discuss a kind of speech I call extracted speech: speech that is unjustly elicited from (...) an agent. I discuss examples of coerced confession, intimidated “consent,” and mandatory self-disclosure as instances of extracted speech, and theorize a bit about what significance this speech has more generally for philosophy of language and political philosophy. (shrink)