At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? Are measures such as hate crimes legislation both (...) useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (shrink)

At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? Are measures such as hate crimes legislation both (...) useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (shrink)

In this article three viewpoints on the relation of body and language are discussed: the poststructuralist viewpoint of Judith Butler, the phenomenological viewpoint of Maurice Merleau-Ponty and the postmodernist viewpoint of Jean-François Lyotard. The reason juxtaposing for these three accounts is twofold. First, the topic requires a combination of post-structuralist and phenomenological insights, and second, the accounts are supplementary. Butler's account raises questions that can be answered with the help of Merleau-Ponty's work. Lyotard's anthropology of the inhuman offers a perspective (...) of finitude that is missing in the other two. The aim of the article is to outline the necessary ingredients of an adequate conception of the speaking embodied subject. (shrink)

This article considers two themes in Butler's work: the dialectic of subject formation - that the autonomous subject is instituted through constraint - and the relation between the psyche and the social. With regard to the former, the introduction of a notion of historicity into a conception of the symbolic yields a concept of agency. Nonetheless, this concept of agency still lacks social specificity. By reconfiguring the psyche as an effect of the interiorization of social norms, Butler introduces the destabilizing (...) force of the category of the unconscious into constructivist accounts of identity. This sociocentric reworking of the psyche-social relations provides a nuanced account of gender identity, but it results in a negative model of action as the displacement of constraining social norms. It is also important for a conception of agency to include an account of the creative dimensions of action where actors actively appropriate conflicting socio-cultural values to institute new collective forms of identity. (shrink)