The Exchange of Words is a philosophical exploration of human testimony, specifically as a form of intersubjective understanding in which speakers communicate by making themselves accountable for the truth of what they say. This account weaves together themes from philosophy of language, moral psychology, action theory, and epistemology, for a new approach to this basic human phenomenon.

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

David Hume's Treatise of Human Nature, composed before the author was twenty-eight years old, was published in 1739 and 1740. In revising the late L.A. Selby-Bigge's edition of Hume's Treatise Professor Nidditch corrected verbal errors and took account of Hume's manuscript amendments. He also supplied the text of theof the Treatise following the original 1740 edition and provided an apparatus of variant readings.

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

Theories of assertion must explain how silencing is possible. This chapter defends an account of assertion in terms of normative commitments on the grounds that it provides the most plausible analysis of how individuals might be silenced when attempting to make assertions. The chapter first offers an account of the nature of silencing and defends the view that it can occur even in contexts where speakers’ communicative intentions are understood by their audience. Second, it outlines some of the normative commitments (...) characteristic of assertion when used in the speech act of telling;. This commitment view of assertion is then used to explain silencing as a matter of being deprived of the ability to make some of the commitments one is trying to acquire. Finally, the main rivals of the commitment view of assertion endorsed here are shown to be unable to account for silencing, at least when they are considered in their purest form. (shrink)

This essay argues that in linguistic communication, nothing corresponds to a linguistic competence as summarized by the three principles of first meaning in language: that first meaning is systematic, first meanings are shared, and first meanings are governed by learned conventions or regularities. There is no such a thing as a language, not if a language is anything like what many philosophers and linguists have supposed. We must give up the idea of a clearly defined shared structure which language users (...) acquire and then apply to cases, as well as the attempt to illuminate how we communicate by appeal to conventions. (shrink)

What is it for a sentence to have a certain meaning? This is the question that the distinguished analytic philosopher William P. Alston addresses in this major contribution to the philosophy of language. His answer focuses on the given sentence's potential to play the role that its speaker had in mind, what he terms the usability of the sentence to perform the illocutionary act intended by its speaker. Alston defines an illocutionary act as an act of saying something with a (...) certain "content." He develops his account of what it is to perform such acts in terms of taking responsibility, in uttering a sentence, for the existence of certain conditions. In requesting someone to open a window, for example, the speaker takes responsibility for its being the case that the window is closed and that the speaker has an interest in its being opened. In Illocutionary Acts and Sentence Meaning, Alston expands upon this concept, creating a framework of five categories of illocutionary act and going on to argue that sentence meaning is fundamentally a matter of illocutionary act potential; that is, for a sentence to have a particular meaning is for it to be usable to perform illocutionary acts of a certain type. In providing detailed and explicit patterns of analysis for the whole range of illocutionary acts, Alston makes a unique contribution to the field of philosophy of language—one that is likely to generate debate for years to come. (shrink)

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to the conventionalist's core (...) instincts, including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer. I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

v. 1. Critical essays.--v. 2. Collected essays, 1929-1968.

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Speech Acts, Criteria and Intentions What makes a speech act a speech act? Which are its necessary and sufficient conditions? I claim in this paper that we cannot find an answer to those questions in Austin's doctrine of the infelicities, since some infelicities take place in fully committing speech acts, whereas others prevent the utterance from being considered as a speech act at all. With this qualification in mind, I argue against the idea that intentions—considered as mental states accomplishing a (...) causal role in the performance of the act—should be considered among the necessary conditions of speech acts. I would thus like to deny a merely ‘symptomatic’ account of intentions, according to which we could never make anything but fallible hypotheses about the effective occurrence of any speech act. I propose an alternative ‘criterial’ account of the role of intentions in speech acts theory, and analyse Austin's and Searle's approaches in the light of this Wittgensteinian concept. Whether we consider, with Austin, that speech acts ‘imply’ mental states or, with Searle, that they ‘express’ them, we could only make sense of this idea if we considered utterances as criteria for intentions, and not as alleged behavioural effects of hidden mental causes. (shrink)

Rae Langton and Jennifer Hornsby argue that there may be a free-speech argument against pornography, if pornographic speech has the power to illocutionarily silence women: women's locution ‘No!’ that aims to refuse unwanted sex may misfire because pornography creates communicative conditions where the locution does not count as a refusal. Central to this is the view that women's speech lacks uptake, which is necessary for illocutionary acts like that of refusal. Alexander Bird has critiqued this view by arguing that uptake (...) is not necessary for the illocutionary act of refusal. The Hornsby-Langton view, then, is philosophically indefensible. Here I defend the philosophical cogency of the Hornsby-Langton approach. (shrink)

Catharine MacKinnon has pioneered a new brand of anti-pornography argument. In particular, MacKinnon claims that pornography silences women in a way that violates their right to free speech. In what follows, we focus on a certain account of silencing put forward by Jennifer Hornsby and Rae Langton, and we defend that account against two important objections. The first objection contends that this account makes a crucial but false assumption about the necessary role of hearer recognition in successful speech acts. In (...) response, we argue that, as silencing primarily concerns communication, Hornsby and Langton are perfectly correct to treat hearer recognition as they do. The second objection contends that their particular account of silencing has the unacceptable result of undermining the responsibility of rapists. We here argue that no such result follows from their account. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

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)

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)

We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...) so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of others. (shrink)

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of (...) offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering the justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrongdoing, the sources of wrongdoing, why wrongdoing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible. (shrink)

Hypothetical consent is puzzling. On the one hand, it seems to make a moral difference across a wide range of cases. On the other hand, there seem to be principled reasons to think that it cannot. In this article I put forward reasonably precise formulations of these general suspicions regarding hypothetical consent; I draw several distinctions regarding the ways in which hypothetical consent may make a moral difference; I distinguish between two autonomy-related concerns, nonalienation and sovereignty; and, utilizing these distinctions, (...) I show that—and in a preliminary way, when—the objections to the moral significance of hypothetical consent fail. (shrink)

In Wrongs and Crimes, Victor Tadros clarifies the debate about whether consent needs to be communicated by separating the question of whether consent requires expressive behaviour from the question of whether it requires “uptake” in the form of comprehension by the consent-receiver. Once this distinction is drawn, Tadros argues both that consent does not require uptake and that consent does not require expressive behaviour that provides evidence to the consent-receiver. As a result, Tadros takes the view that consent requires an (...) attempt to communicate, but nothing more. While I have found Tadros’s arguments for this conclusion intriguing and challenging, I am yet to be persuaded by them. In this essay, I try to say why. (shrink)

Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an explicit agreement, (...) but could also operate through implicit endorsement of a social convention. However, there are important limits on when the mechanism can eliminate moral indeterminacy. (shrink)

In virtue of what is something a reason for action? That is, what makes a consideration a reason to act? This is a metaphysical or meta-normative question about the grounding of reasons for action. The answer to the grounding question has been traditionally given in ‘pure’, univocal terms. This paper argues that there is good reason to understand the ground of practical normativity as a hybrid of traditional ‘pure’ views. The paper 1) surveys the three leading ‘pure’ answers to the (...) question of a normative ground, 2) examines one or two of the most difficult problems for each, proposing along the way a new objection to one, and 3) argues that a particular hybrid view about normative grounds –‘hybrid voluntarism’ – avoids each of the main problems faced by the three leading ‘pure’ views. (shrink)

What would something unlike us--a chimpanzee, say, or a computer--have to be able to do to qualify as a possible knower, like us? To answer this question at the very heart of our sense of ourselves, philosophers have long focused on intentionality and have looked to language as a key to this condition. Making It Explicit is an investigation into the nature of language--the social practices that distinguish us as rational, logical creatures--that revises the very terms of this inquiry. Where (...) accounts of the relation between language and mind have traditionally rested on the concept of representation, this book sets out an alternate approach based on inference, and on a conception of certain kinds of implicit assessment that become explicit in language. Making It Explicit is the first attempt to work out in detail a theory that renders linguistic meaning in terms of use--in short, to explain how semantic content can be conferred on expressions and attitudes that are suitably caught up in social practices. -/- At the center of this enterprise is a notion of discursive commitment. Being able to talk--and so in the fullest sense being able to think--is a matter of mastering the practices that govern such commitments, being able to keep track of one’s own commitments and those of others. Assessing the pragmatic significance of speech acts is a matter of explaining the explicit in terms of the implicit. As he traces the inferential structure of the social practices within which things can be made conceptually explicit, the author defines the distinctively expressive role of logical vocabulary. This expressive account of language, mind, and logic is, finally, an account of who we are. (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)

a comprehensive, somewhat Gricean theory of speech acts, including an account of communicative intentions and inferences, a taxonomy of speech acts, and coverage of many topics in pragmatics -/- .

William P. Alston. difference in the scope of the rule reflects the fact that I-rules exist for the sake of making communication possible. Whereas their cousins are enacted and enforced for other reasons. We could distinguish I-rules just by this ...

Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how (...) each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard. (shrink)

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment.

(Statement of Responsibility) by Lewis Carroll ; with illustrations in colors.

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.

This revised edition includes a new Preface outlining developments in Relevance Theory since 1986, discussing the more serious criticisms of the theory, and ...

This paper investigates two puzzles in practical reason and proposes a solution to them. First, sometimes, when we are practically certain that neither of two alternatives is better than or as good as the other with respect to what matters in the choice between them, it nevertheless seems perfectly rational to continue to deliberate, and sometimes the result of that deliberation is a conclusion that one alternative is better, where there is no error in one’s previous judgment. Second, there are (...) striking differences between rational agents – some rational agents have most reason to pursue careers on Wall Street while others have most reason to take up a career in teaching, or scuba diving, or working for political causes. These differences aren’t plausibly explained by ‘passive’ facts about our psychology or their causal interaction with our environment; instead, these facts seem in some sense to ‘express who we are’. But what is this sense? These puzzles disappear if we adopt a novel view about the source of the normativity of reasons – some reasons are given to us and others are reasons in virtue of an act of will. We make certain considerations reasons through an act of will and thus sometimes make it true through an act of agency that we have most reason to do one thing rather than another. (shrink)

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

This book is the culmination of almost forty years of writing and thinking about speech acts and the use theory of meaning. Chapter 1 sets out and defends a version of the Austin-Searle trichotomy of a sentential act, i.e., uttering a sentence or surrogate, an illocutionary act, i.e., uttering a sentence with a certain "content" as reported by indirect speech, and a perlocutionary act, i.e., producing an effect on an audience by an utterance. Chapter 2 poses the question: what condition (...) C will turn an SA into an IA: F? Perhaps adding a perlocutionary intention to the effect that "U asserts that p only if U utters p with the intention of getting H to believe that p" will meet condition C. Alston argues, contra Schiffer, that it will not. Chapter 3 objects to Searle's analysis of sincere and non-defective promising, on the one hand, because there are too many ways a promise can be defective and, on the other hand, because some of Searle's conditions are not necessary for promising simpliciter. Alston proposes. (shrink)