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.

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)

Over the past few decades, Indigenous communities have successfully campaigned for greater inclusion in decision-making processes that directly affect their lands and livelihoods. As a result, two important participatory rights for Indigenous peoples have now been widely recognized: the right to consultation and the right to free, prior and informed consent (FPIC). Although these participatory rights are meant to empower the speech of these communities—to give them a proper say in the decisions that most affect them—we argue that the way (...) these rights have been implemented and interpreted sometimes has the opposite effect, of denying them a say or ‘silencing’ them. In support of this conclusion we draw on feminist speech act theory to identify practices of locutionary, illocutionary, and perlocutionary group silencing that arise in the context of consultation with Indigenous communities. (shrink)

A recurring concern within contemporary philosophy of language has been with the ways in which speakers can be illocutionarily silenced, i.e. hindered in their capacity to do things with words. Moving beyond the traditional conception of silencing as uptake failure, Mary Kate McGowan has recently claimed that silencing may also involve other forms of recognition failure. In this paper I first offer a supportive elaboration of McGowan’s claims by developing a social account of speech act performance, according to which the (...) success of an illocutionary act is not only a function of the intentions of and the conventions deployed by the speaker, but partly depends on how the act is recognized or taken up by the hearer. I then provide a comprehensive definition of illocutionary silencing and spell out what it means for it to occur in a systematic manner. (shrink)

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)

In this paper we examine the epistemic treatment of Indigenous peoples by the Inter-American Court and Commission on Human Rights, two institutions that have sought to affirm the rights of Indigeno...

In this paper I provide an account of two forms of intellectual arrogance which cause the epistemic practices of conversational turn-taking and assertion to malfunction. I detail some of the ethical and epistemic harms generated by intellectual arrogance, and explain its role in fostering the intellectual vices of timidity and servility in other agents. Finally, I show that arrogance produces ignorance by silencing others (both preventing them from speaking and causing their assertions to misfire) and by fostering self-delusion in the (...) arrogant themselves. (shrink)

Rae Langton and Jennifer Hornsby provide accounts of how pornography silences women by appealing to J.L. Austin's account of speech-acts. Since their accounts focus only on instances of silencing where the hearer does not grasp the type of speech-act the speaker intends to perform, their accounts of silencing do not generalize to explain silencing that arises from what Miranda Fricker calls “testimonial injustice.” I argue that silencing arising from testimonial injustice can only be explained by what we shall call the (...) dialectical account of assertion, according to which assertion is the undertaking of a commitment in reasoned discourse. In doing so, I show that accounts of assertion based on speakers' intentions, proposals to common ground, and constitutive norms do not provide the necessary framework to explain silencing within the context of testimonial injustice. Having shown the strength of the dialectical account in explaining silencing, I conclude that the dialectical account also provides a way to remedy some instances of silencing arising from testimonial injustice providing further evidence that the dialectical account is the correct account of assertion. (shrink)

The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...) more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

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)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

In this paper, I provide the framework for an account of group assertion. On my view, there are two kinds of group assertion, coordinated and authority-based, with authority-based group assertion being the core notion. I argue against a deflationary view, according to which a group’s asserting is understood in terms of individual assertions, by showing that a group can assert a proposition even when no individual does. Instead, I argue on behalf of an inflationary view, according to which it is (...) the group itself that asserts, a conclusion supported by the fact that paradigmatic features of assertion apply only at the level of the group. A central virtue of my account is that it appreciates the important relationship that exists between most groups and their spokespersons, as well as the consequences that follow from this relationship. My view, thus, provides the framework for distinguishing when responsibility for an assertion lies at the collective level, and when it should be shouldered by an individual simply speaking for herself. (shrink)