That uses of language not only can, but even normally do, have the character of actions was a fact largely unrealised by those engaged in the study of language before the present century, at least in the sense that there was lacking any attempt to come to terms systematically with the action-theoretic peculiarities of language use. Where the action-character of linguistic phenomena was acknowledged, it was normally regarded as a peripheral matter, relating to derivative or nonstandard aspects of language which (...) could afford to be ignored. (shrink)

Preliminary version of “Towards a History of Speech Act Theory”, in A. Burkhardt (ed.), Speech Acts, Meanings and Intentions. Critical Approaches to the Philosophy of John R. Searle, Berlin/New York: de Gruyter, 1990, 29–61.

Historical research has recently made it clear that, prior to Austin and Searle, the phenomenologist Adolf Reinach (1884-1917) developed a full-fledged theory of speech acts under the heading of what he called "social acts". He we consider a second instance of a speech act theory avant la lettre, which is to be found in the common sense philosophy of Thomas Reid (1710-1796). Reid’s s work, in contrast to that of Reinach, lacks both a unified approach and (...) the detailed analyses of pertinent examples. But his writings leave no doubt that he is acutely aware of the very problems concerning language structure and use out of which contemporary speech act theory has evolved and that he goes a good way towards solving these problems in the spirit of the modern theory. (shrink)

Considering the short history of the feminist philosophy of language, Rae Langton’s article “Speech Acts and Unspeakable Acts” was highly influential as one of the first positive research programs in the movement. In that paper, Langton – using John L. Austin’s speech act theory – tries to interpret Catharine MacKinnon’s thesis: pornography is a speech that subordinates and silences women. Despite the importance of the subject, those unfamiliar with certain historical and contextual features of the (...) topic would hardly understand it. My paper aims to introduce some of the major accounts in this special area in the intersection of speech act theory and feminist philosophy. Rather than just reconstructing Langton’s arguments and the most common objections against it, I will take a more holistic approach, examining its surrounding literature as well. This article has six sections. In Section 1, I contrast the conservative and liberal arguments against pornography and sketch MacKinnon’s liberal critique. In Section 2, I give alternative interpretations of MacKinnon’s thesis, “pornography is harm.” In Section 3, I try to make sense of the prima facie implausible assumption that pornography is speech. In Section 4 and 5, I will analyze the Langtonian theories about subordination and silencing. Finally, in Section 6, I will mention the most challenging problems for Langton’s approach, considering the verbal nature or pornography, the limits of the protection of free speech, and the different positions on sexual consent. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

Using speech act theory from the Philosophy of Language, this paper attempts to develop an ethical framework for the phenomenon of speech processing. We use the concepts of the illocutionary force and the illocutionary content of a speech act to explain the ethics of speech processing. By emphasizing the different stages involved in speech processing, we explore the distinct ethical issues that arise in relation to each stage. Input, processing, and output are the different (...) ethically relevant stages under which a spoken item or a speech navigates within the range of speech-processing modules. Employing the illocutionary force-content distinction, we specify and characterize the input-related ethical issues, the output-related ethical issues, and the processing-related ethical issues involved in speech processing. Together with illocutionary force-content distinction, we employ the data-information distinction to characterize the stage-wise ethical issues in the phenomenon of speech processing as the ethics of collecting (speech) data, the ethics of contextualizing (speech) data/information, and the ethics of releasing the con-textualized information (processed speech). Immediate ethical issues that arise from the range of speech processing modules are distinguished from distant ethical issues. We also indicate the nature of ethical issues that arise from Speaker Independent speech technologies. (shrink)

This paper applies speech-act theory to craft a new response to Pyrrhonian skepticism and diagnose its appeal. Carefully distinguishing between different levels of language-use and noting their interrelations can help us identify a subtle mistake in a key Pyrrhonian argument.

This paper attempts to explain what a protest is by using the resources of speech-act theory. First, we distinguish the object, redress, and means of a protest. This provided a way to think of atomic acts of protest as having dual communicative aspects, viz., a negative evaluation of the object and a connected prescription of redress. Second, we use Austin’s notion of a felicity condition to further characterize the dual communicative aspects of protest. This allows us to distinguish (...) protest from some other speech acts which also involve a negative evaluation of some object and a connected prescription of redress. Finally, we turn to Kukla and Lance’s idea of a normative functionalist analysis of speech acts to advance the view that protests are a complex speech act constituted by dual input normative statuses and dual output normative statuses. (shrink)

Ethical oaths for bankers, economists and managers are increasingly seen as successful instruments to ensure more responsible behaviour. In this article, we reflect on the nature of ethical oaths. Based on John Austin's speech act theory and the work of Emmanuel Levinas, we introduce a performative concept of ethical oaths that is characterised by (1) the existential self-performative of the one I want to be, which is (2) demanded by the public context. Because ethical oaths are (3) structurally (...) threatened by the possibility of infelicity or failure, we stress (4) the behavioural aspect of ethical oaths in economics and business. We conclude that a performative concept of ethical oaths can contribute to more ethical behaviour in economics and business, because the performative involves action and behaviour. At the same time, it becomes clear that a radical new perspective on the nature, function and limitation of oaths is needed. (shrink)

Delusions have traditionally been considered the hallmark of mental illness, and their conception, diagnosis and treatment raise many of the fundamental conceptual and practical questions of psychopathology. One of these fundamental questions is whether delusions are understandable. In this paper, we propose to consider the question of understandability of delusions from a philosophy of language perspective. For this purpose, we frame the question of how delusions can be understood as a question about the meaning of delusional utterances. Accordingly, we ask: (...) “what meaning(s) can delusional utterances possibly have?”. We argue that in the current literature, there is a standard approach to the meaning of delusional utterances, namely the descriptive account which assumes that a delusional utterance “p” means that p is the case. Drawing on Speech Act Theory, we argue that solely relying on the descriptive account disregards essential ways of how linguistic meaning is constituted. Further, we show that Speech Act Theory can prove a helpful addition to the theoretical and clinical “toolbox” used for attempting to understand delusional utterances. This, we believe, may address some of the theoretical and clinical shortcomings of using only the currently predominant descriptive account. (shrink)

It is now generally recognized that figures such as Reid, Peirce, and Reinach formulated theories of speech acts avant la lettre of Austin and Searle, in Reid and Reinach’s cases under the heading ‘theory of social acts’. Here we address the question as to what conditions would have to be satisfied for such theories to count as ‘theories of speech acts’ in the now familiar sense.

The present study focuses on the received version of speech act theory as developed by Searle. The aim of the paper is to demonstrate how Searle formulates precise and general conditions for illocutionary act individuation based on the linguistic description of inherent individual intentions. I argue for the impossibility of such individuation processes.

Building on the work of Peter Hinst and Geo Siegwart, we develop a pragmatised natural deduction calculus, i.e. a natural deduction calculus that incorporates illocutionary operators at the formal level, and prove its adequacy. In contrast to other linear calculi of natural deduction, derivations in this calculus are sequences of object-language sentences which do not require graphical or other means of commentary in order to keep track of assumptions or to indicate subproofs. (Translation of our German paper "Ein Redehandlungskalkül. Ein (...) pragmatisierter Kalkül des natürlichen Schließens nebst Metatheorie"; online available at http://philpapers.org/rec/CORERE.). (shrink)

In this short article, I analyze forms of public speech by individuals in positions of power through a framework based on Austin’s theory of speech acts. I argue that because of the illocutionary and perlocutionary force attached to such individuals’ offices and their public figures, their public speech qualifies for being framed as speech acts—which are not covered by even a broad understanding of freedom of speech or right to privacy. Therefore, I formulate a (...) call for the assessment of public speech by individuals in positions of power through a framework based on “linguistic responsibility.” This framework accounts for the peculiar power structure that such individuals can and do exploit to bring about considerable real-world effects through what could be understood as an exploitation of their speech act power. (shrink)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients (...) in illocutionary acts. Are speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse (...) - questions which these speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Employing Speech Act Theory, this paper traces the ethical contour of gratitude among Bikolanos as conveyed in the utterance of “Dyos Mabalos.” Utang na buot, the Bikolano counterpart of utang na loob is explained with its complementary concept of atang kan buot (gift of the self) as the two main conceptual conditions for the formation of the type of gratitude contained in the utterance of “Dyos Mabalos.” These normative conditions can also be culled from a number of contemporary (...) Philippine studies which have already established the conceptual underpinnings of gratitude as a value. It will be shown further that “Dyos Mabalos” elevates gratitude from an ethical to a transcendental plane which becomes an emancipative mechanism for its conveyor in the situation where he assumes the asymmetrical position of being a recipient to an otherwise manipulative giver who would utilize the commerce of utang na loob for self-aggrandizement. This articulation achieves then on one hand a reappraisal of the culturally specific Bikolano significance of “Dyos Mabalos” and a contribution on the other to the already rich literature of investigations on utang na loob, specifically on a possible resolution to the ambivalence of gratitude in Philippine culture which could be gleaned from the performative speech and transcendental dimension of “Dyos Mabalos.”. (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)

Ever since its appearance in 1913, Reinach's work on a The A Priori Foundations of the Civil Law has served as the principal representative of phenomenological, aprioristic and ontological/realist approaches to the philosophy of law. This annotated bibliography provides an overview of the reception of Reinach's thinking, which has been of influence also in the realm of speech act theory.

In this paper, I transcend the abstract engagement of J. L. Austin's Speech Acts theory and explore their sociopolitical advantages, using the Nigerian social space as my primary experimental field. Nigerian social space is quite hierarchical and progresses along apparently asymmetrical lines of social relationship (in most cases). This in turn, accentuates some sort of power dynamics. In every communication, there is an implicit reinforcement of the social fabric as well as the power dynamic, either through one person's (...) percep6of the social status of the other or, of one's emphasis of power dynamic over the other. Austin's theory comes to the fore as a very laudable framework to map this interesting sociological facts. This work then, offers a philosophical contribution to an otherwise, sociological/anthropological fact. My job in this paper, is to explore a sociopolitical negotiation of Austin's theory in a multiethnic nation-state as Nigeria where hierarchy and power dynamics are heavily emphasized. This paper thus highlights the importance of the perlocutionary acts and the felicity conditions, and also accentuates their implications for social interactions and power dynamics in the Nigerian social space. (shrink)

The essay provides an account of the development of Reinach’s philosophy of “Sachverhalte” (states of affairs) and on problems in the philosophy of law, leading up to his discovery of the theory of speech acts in 1913. Reinach’s relations to Edmund Husserl and to the Munich phenomenologists are also dealt with.

We provide an overview of Searle's contributions to speech act theory and the ontology of social reality, focusing on his theory of constitutive rules. In early versions of this theory, Searle proposed that all such rules have the form 'X counts as Y in context C' formula – as for example when Barack Obama (X) counts as President of the United States (Y) in the context of US political affairs. Crucially, the X and the Y terms (...) are here identical. A problem arises for this theory for cases involving 'free-standing Y terms', as for example in the case of money in a computerized bank account. Here there is no physical X to which a status function might be attached. We conclude by arguing that Searle's response to this problem creates difficulties for his naturalistic framework. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge within healthcare (...) organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he (...) acquires the property title to the customer’s money without voluntary consent, which is theft. The balance between these two logical extensions of property rights—the right of free speech and the right of contract—lies somewhere in the area of communication philosophy, and can be explained through understanding the role of communication in human interactions. Advertising is a form of communication that may convey important information about the conditions of the proposed contract. These conditions are expressed in particular words that may have different meanings in different circumstances. Therefore to determine whether a particular example or “misinterpretation” is mere sophistry or a type of fraud, the judicial system has to approach each issue on a case-by-case basis. The border between legal and illegal should be determined by precedents and by expectations based on commonly accepted definitions of terms—what people commonly understand by the words and other forms of communication they use. (shrink)

This paper defends a theory of speech act that I call concurrentism. It consists of the following three theses. 1. We believe, ceteris paribus, that other people’s speech acts concur with their beliefs. 2. Our speech acts, ceteris paribus, concur with our beliefs. 3. When our speech acts deviate from our beliefs, we do not, ceteris paribus, declare the deviations to other people. Concurrentism sheds light on what the hearer believes when he hears an indicative (...) sentence, what the speaker believes when he says an indicative sentence, what the speaker does after he says an indicative sentence contrary to what he believes, why Moore’s paradox occurs, why it is puzzling to say some variants of Moorean sentences, and why it is not absurd to say other variants of Moorean sentences. (shrink)

Compound figures are a rich, and under-explored area for tackling fundamental issues in philosophy of language. This paper explores new ideas about how to explain some features of such figures. We start with an observation from Stern that in ironic-metaphor, metaphor is logically prior to irony in the structure of what is communicated. Call this thesis Logical-MPT. We argue that a speech-act-based explanation of Logical-MPT is to be preferred to a content-based explanation. To create this explanation we draw on (...) Barker’s expressivist speech-act theory, in which speech-acts build on other speech-acts to achieve the desired communicative effects. In particular, we show how Barker’s general ideas explain metaphor as an assertive-act, and irony as a ridiculing-act. We use Barker’s notion of proto-illocutionary-acts to show how metaphorical-acts and ironic-acts can build one on the other. Finally, we show that while an ironic-act can build on a metaphorical-act, a metaphorical-act cannot build on an ironic-act. This restriction on how they can be composed establishes Logical-MPT via a different route. (shrink)

In this first of two essays written on the topic of ancient greek inscriptions, I will briefly explore and discuss the role of the written word and of visual language within the cult of Asclepius at Epidauros, by both looking at the creation and function of the Epidaurian sanctuary's healing inscriptions—also called 'iamata'. Throughout the essay I have made use of J.L. Austin's Speech Act Theory to better contextualize the meaning of the inscriptions dealt with.

C.S. Peirce held what is nowadays called a “commitment view” of assertion. According to this type of view, assertion is a kind of act that is determined by its “normative effects”: by asserting a proposition one undertakes certain commitments, typically to be able to provide reason to believe what one is asserting, or, in Peirce’s words, one “takes responsibility” for the truth of the proposition one asserts. Despite being an early adopter of the view, if Peirce’s commitment view of assertion (...) is mentioned at all in contemporary discussions it is only in passing. His view is, however, far more complex and nuanced than he has been given credit for. My primary goal here, then, is to get a better understanding of Peirce’s version of a commitment view of assertion. I also argue that figuring out the details of Peirce’s theory of assertion can also provide us with a viable way to respond to problems that contemporary commitment views of assertion face. (shrink)

The question which this paper examines is that of the correct scope of the claim that extra-linguistic factors (such as gender and social status) can block the proper workings of natural language. The claim that this is possible has been put forward under the apt label of silencing in the context of Austinian speech act theory. The ‘silencing’ label is apt insofar as when one’s ability to exploit the inherent dynamic of language is ‘blocked’ by one’s gender or (...) social status then one might justly be said to be silenced. The notion that factors independent of any person’s linguistic competence might block her ability to exploit the inherent dynamic of language is of considerable social as well as theoretical significance. I shall defend the claim that factors independent of a person’s linguistic competence can indeed block her ability to do things with words but I will show that the cases that have been previously considered to be cases of illocutionary failure are instances of rhetic or locutionary act failure instead. I shall refine the silencing claim as previously advanced in the debate in at least one fundamental respect. I also show that considering the metaphysics of speech acts clarifies many of the issues previously appearing as thorny bones of contention between those who hold that the only notion of silencing that is coherent is that of physically preventing someone from speaking or writing and those who hold the opposite sort of claim sketched above. (shrink)

What are we to make of the fact that world leaders, such as Canada’s Justin Trudeau, have, within the last few decades, offered official apologies for a whole host of past injustices? Scholars have largely dealt with this phenomenon as a moral question, seeing in these expressions of contrition a radical disruption of contemporary neoliberal individualism, a promise of a more humane world. Focusing on Canadian apology politics, this essay instead proposes a nonideal approach to state apologies, sidestepping questions of (...) what they ought to do and focusing instead on their actual functioning as political acts. Through a sociologically informed speech act theory and Foucault’s work on power, apology is conceptualized as a speech act with an essentially relational nature. The state, through apologizing, reaffirms the norms governing its relationship to its subjects at a moment when a past transgression threatens to destabilize this relation. From a Foucauldian point of view, the state’s power inheres in the very stability of the state–citizen relation, and we should therefore see apologies as defensive moves to protect state hegemony. In the context of Western liberal democracies, such as Canada, apologies embody, rather than challenge, the logic of neoliberal governmentality by suggesting that everything, including resentment against the state, can be managed within the current status quo. Nevertheless, total cynicism about apology politics is not warranted. In many indigenous apology campaigners’ demands for contrition we see another side of apologies: their potential to bring about change by enacting counterhegemonic relations to the state. (shrink)

This chapter tells the story of how the philosophy of language, as it exists now, grew out of work in the history of analytic philosophy. I pay particular attention to the history of semantics, to debates about propositional content, and to the origins of contemporary pragmatics and speech-act theory. I identify an overarching narrative: Many of the ideas that are now used to understand natural language on its own terms were originally developed not for this purpose, (...) but as methodological tools for diverse philosophical ends. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the (...) constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

In this second of two essays on the topic of ancient Greek inscriptions, I will briefly explore and discuss the textuality of ritual norms or, 'sacred laws', by looking 1) at the reasons for these ritual norms to have been written down in the first place and 2) how these norms/laws/decrees were able to get their observers to adhere to them. Throughout the essay I have made use of J.L. Austin's Speech Act Theory to better contextualize the meaning (...) of the inscriptions dealt with. (shrink)

The prevailing viewpoint concerning conditionals asserts two claims: (1) conditionals featuring non-assertive acts in their consequents, such as commands and promises, cannot plausibly be construed as assertions of material implication; (2) the most promising hypothesis for such sentences is conditional-assertion theory, which defines a conditional as a conditional speech act, i.e., the performance of a speech act given the assumption of the antecedent. This hypothesis carries significant and far-reaching implications, as conditional speech acts are not synonymous (...) with a proposition possessing truth conditions. This paper opposes such a view in two steps. Firstly, it presents a battery of objections against conditional-assertion theory. Secondly, it advances the argument that such examples can indeed be convincingly construed as assertions of material implication. (shrink)

Originating from philosophy and science, many different ideas have made their way into educational policies. Educational policies often take such ideas completely out of context, and enforce them as general norms to every aspect of education; even opposing ideals make their way into school’s curricula, teaching techniques, assignments, and procedures. Meanwhile, inside the actual classrooms, teachers and students are left in limbo, trying to comply with, techniques, evaluation forms and a growing technical educational vocabulary. Here I would like to propose (...) an antidote to this absurdity by reminding us what teachers and students already know. Such an antidote can be found in J. L. Austin’s speech act theory. In this paper, I propose we revisit speech act theory and treat it as an educational theory. That might help us dismantle false dichotomies troubling education for decades. The point is not that the discussion over educational policies and priorities should stop, but that it should be kept in appropriate perspective. A modified speech act theory can help us facilitate such a perspective. (shrink)

This paper addresses the scarcely scrutinized topic in the consumer culture literature regarding how a social actor consumes himself through speech acts. More specifically, by introducing a new type of speech act, viz. the taboo speech act, and by effectively differentiating it from expletives, slang, and swearing words and expressions, I outline how subjectivity appropriates and individuates its systemic underpinning as other or linguistic system (Saussure) and wall of language (Lacan) in linguistic acts of transgression. Taboo (...) class='Hi'>speech acts do not merely express emotions, such as anger and frustration. They also seek to contain a linguistic system as an ideational totality of acts of parole in a primus affectivus that is incumbent on the inverse sublimation of epithets and cultural symbols standing synecdochically in a pars pro toto relationship for the limits of what is culturally/linguistically sanctioned. The subject consumes/annihilates and institutes itself at the same time in taboo speech acts whose mission may not be fully accounted for through conversational pragmatics, insofar as they perform at a more foundational level a social ontological function. The offered analysis aims at contributing to the extant literature in consumer cultural theory, applied linguistics, and social theory. (shrink)

The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists (...) of treating legal rules as if they were uttered and received in the same context, the latter consists of treating legal rules as relatively short, isolated sentences. Among the consequences of these fallacies are an excessive focus on the lawmakers’ semantic intentions and the neglect of the semantic and pragmatic complexity of rules as sets of utterances (discourses) -/- To redress these flaws, I propose analysing legal rules through the prism of complex text-acts. My paper presents the consequences of this revised approach for legal interpretation, supporting Joseph Raz's idea of minimal legislative intent. (shrink)

This paper offers a systematic classification and characterization of speech acts and their norms. Recently, the normative approach has been applied to various speech acts, most notably to constatives. I start by showing how the work on the norms of assertion has influenced various approaches to the norms of other speech acts. I focus on the fact that various norms of assertion have different extensions, i.e., they denote different clusters of illocutions as belonging to an assertion. I (...) argue that this has consequences for theorising about norms of other speech acts and generates certain arbitrary divisions. In the central part, I analyse two groups of speech acts. Firstly, ordinary speech acts, like predictions or retractions. Secondly, I indicate how the normative view can be extended to so-called ancillary speech acts, like presuppositions or implicatures. I end with a discussion of possible extensions of the normative approach, focusing on the debate on lying. (shrink)

In recent decades, perspectivism has developed into an epistemological research program claiming its independence. This autonomy stems from Perspectivism’s potential ability to resolve the contradictions between realist and constructivist programs. Perspectivism is based on the idea that the object depends on perspective, which constitutes any subjective attempt to cognize it. Perspectivists reconstruct and explain the factors involved in the formation of perspective, identifying the conditionality of epistemic acts, using concepts such as “position”, “point of view”, “view”, “angle”, “horizon”, “focus”, “picture”, (...) “context”, “aspect”, etc. Although these concepts are part of the perspectivist’s toolkit, their meanings and interrelation have so far been taken for granted and have not yet been critically and comprehensively analyzed. The purpose of this article is to take steps toward clarifying the conceptual basis for defending perspectivism as an epistemological program. Once consistently uncovered and correlated in a conceptual model, Perspectivist concepts can be used as a tool for a detailed analysis of theories, positions, and beliefs. The article begins with a preliminary description of the concept of perspectivism and its brief history as an epistemological program. In particular, the first modern attempts to outline perspectivist epistemology are described in the works of F. Kaulbach (1990), W. Stegmaier (2008), and M. Massimi (2017, 2020). The problem of identifying the special a priori status of perspectivist notions as a strategy for justifying the autonomy of Perspectivism is then posed. A method for demonstrating such a status, based on Kant’s transcendentalism and P. Strawson’s descriptive metaphysics, is then suggested. (shrink)

Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes (...) surrounding hate speech laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study. (shrink)

Both ‘Sachverhalt’ and ‘state of affairs’ seem to have been derived from the juridical ‘status’ in the sense of 'status rerum' meaning: state or constitution of things. ‘Status’ signifies also in an extended sense ‘the way things stand, the condition or peculiarity of a thing in regard to its circumstances, position, order’. We describe the history of usage of ‘Sachverhalt’ from these beginnings, addressing the role of Goclenius, Lotze, Stumpf, Husserl and Adolf Reinach, whose theory of the relations (...) between judgment and Sachverhalt served as one starting point for the development of Reinach’s theory of speech acts in 1913. (shrink)

I investigate the role of the subject in judgment in Kant, Frege, and Husserl, situating it in the broader and less-often-considered context of their accounts of presentation as well as judgment. Contemporary philosophical usage of “representation” tends to elide the question of what Kant called the constitution of content, because of a reluctance, traced to Frege’s anti-psychologism, to attend to subjectivity. But for Kant and Husserl, anti-psychologism allows for synthesis as the subjective act necessary for both “mere presentation” and judgment. (...) In Begriffshrift, Frege alludes to a significant logical role for the subjective act of judgment, and in later work, traces of this logical role remain in the intensional notions of grasping a thought and judging as acknowledging its truth. But Frege’s anti-psychologism blocks interpreting these subjective notions in term of synthesis. Although similar in certain ways to Frege and equally anti-psychologistic, Husserl’s theory of judgment in the Logical Investigations maintains a role for subjective syntheses for presentations and judgments, and goes beyond Kant in allowing for a kind of objectivity at the level of non-judgment presentations. These two great anti-psychologists at the dawn of the parallel heydays of linguistic and phenomenological analysis are thus differentiated by the fates they assign to the act of synthesis. (shrink)

Many philosophers have assumed, without argument, that Wittgenstein influenced Austin. More often, however, this is vehemently denied, especially by those who knew Austin personally. We compile and assess the currently available evidence for Wittgenstein’s influence on Austin’s philosophy of language. Surprisingly, this has not been done before in any detail. On the basis of both textual and circumstantial evidence we show that Austin’s work demonstrates substantial engagement with Wittgenstein’s later philosophy. In particular, Austin’s 1940 paper, ‘The Meaning of a Word’, (...) should be construed as a direct response to and development of ideas he encountered in Wittgenstein’s Blue Book. Moreover, we argue that Austin’s mature speech-act theory in How to Do Things with Words was also significantly influenced by Wittgenstein. (shrink)

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach (...) operate, and criticise them in terms of their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)

Speech acts are governed by a variety of illocutionary norms. Building on Sbisà’s (2019) work, this chapter attempts to develop a common framework to study them. Four families of illocutionary rules are identified: (i) Validity rules set conditions for (actual) performance; (ii) Cooperative rules set conditions for cooperative performance; (iii) Illocutionary goals set conditions for successful performance; (iv) Illocutionary obligations set conditions for compliance. Illocutionary rules are often taken to play a constitutive role: speech acts are said to (...) be constituted by the unique set of rules that regulates them. Against this view, it is argued that many illocutionary rules are instead best construed as rationally derivable expectations of cooperation. This alternative paradigm provides fertile ground to reconcile scholarly disagreement between speech act theorists, and yields a promising explanation of how illocutionary norms are learned and evolve through time. (shrink)

This essay focuses on the logic of the aesthetic argument used in the eighteenth century as a conceptual tool for formulating the modern concept of “(fine) art(s).” The essay also examines the main developments in the history of the art of modernity which were initiated from the way the “nature” of art was conceived in early modern aesthetics. The author claims that the formulation of the “aesthetic nature” of art led to the process of the gradual disappearance of all (...) of the formal elements that had previously characterized the visual arts; the result was “emptiness” or “nothingness” as art. The author refers to this process in terms of “vanishing acts” that allow for the formulation of an aesthetics of absence in connection to twentieth-century art (complementing the Ästhetik der Absenz, formulated in German art theory). The author also briefly addresses the consequences that these processes have for the way contemporary art, and art world operate. (shrink)

The emergence of Critical Race Theory marked an important point in the history of racial politics in the legal academy and the broader conversation about race and racism in the United States. More recently, CRT has proven an important analytic tool in the field of education, offering critical perspectives on race, and the causes, consequences and manifestations of race, racism, inequity, and the dynamics of power and privilege in schooling. This groundbreaking anthology is the first to pull together (...) both the foundational writings in the field and more recent scholarship on the cultural and racial politics of schooling. A comprehensive introduction provides an overview of the history and tenets of CRT in education. Each section then seeks to explicate ideological contestation of race in education and to create new, alternative accounts. In so doing, this landmark publication not only documents the progress to date of the CRT movement, it acts to further spur developments in education. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. (...) Second, resolving to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

I argue for a theory of the optimal function of the speech act of referring, called the edenic theory. First, the act of singular reference is defined directly in terms of Gricean communicative intentions. Second, I propose a doxastic constraint on the optimal performance of such acts, stating, roughly, that the speaker must not have any relevant false beliefs about the identity or distinctness of the intended object. In uttering a singular term on an occasion, on this (...) theory, one represents oneself as not having any confused beliefs about the object to which one intends to refer. This paves the way for an intentionalist theory of reference that circumvents well-known problems, which have not been adequately addressed before in the literature. (shrink)