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)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and (...) ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words (...) in those texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)

First of all, I would like to thank to the Philosophy of Law Department for this encounter with Professor Solum. It is really a pleasure meeting you Professor, and having the possibility to discuss this profoundly interesting and courageaus text with my colegues and specially with its author. The adjetive I have just used is not simply politeness, I really think we are in front of a very interesting work not only because of its persuasive humorous rhetoric but mainly because (...) it is a text that interrogates its own tradition even if it is with the intention to oxygenate, give air to it. And from a critical position that is something always to be welcomed. Nevertheless what I want to argue in this brief words is that what it is surprising (for my humble point of view) is that originalism, even in this new textual linguistic outfit or clothing, doesnt still address the question of the concept of origin itself. A question and a signifier that has a long inscription not only in western philosophical and interpretative traditions (meaning Nietzsche, Freud, Philosophical Hermeneutics as Gadamer, Ricoeur or in Derrida s deconstruction and so on) but also in non western interpretative tradition such as the Talmudic, for example. In these lines of thought the origin is unreachable, either lost or doesnt exist at all as far as there is no absolute ground that soustain an unique pure original meaning. In short, it is an empty signifier, obviously in dispute. So at last what it is called “original public meaning” it is no more than the result of the force relations between discourses. In other terms, there is an internal intimate relationship between power, language and interpretation. As Bajtin puts it (a russian linguist from the early XX century): the sign is the arena of social struggle. Or as Roland Barthes use to write: power parasitizes the language itself. (shrink)

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, (...) however. Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...) taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

I argue that it is not acceptable to restrict the claim that linguistic types are concrete entities (type-concretism) to some categories of linguistic types (such as words or proper names), while at the same time conceding that other categories of linguistic types (such as sentence types) are abstract entities. Moreover, I suggest a way in which type-concretism can be extended to every linguistic type, thereby responding to the so-called productivity objection to type-concretism, according to which, whenever (...) tokens of a type t are produced in different, causally isolated circumstances, then t needs to be identified by a certain form or structure. This extension of type-concretism detaches type-concretism from so-called originalism and gives rules a prominent role in type-concretism. (shrink)

Recent research gives perspectivism the status of a stand-alone epistemological research program. As part of this development, it must be distinguished from other epistemologies, especially relativism. Not only do relativists and perspectivists use a similar vocabulary—even the supposed tenets (features of the doctrine) seem to partially overlap. To clarify the relation between these programs, I suggest drawing two important distinctions. The first is between the (1) terminological and (2) doctrinal components of epistemologies, the second between the (2a) analytical and (2b) (...) synthetical doctrinal elements. The method of the originalistic linguistic analysis that I introduce in this article shows that both relativism and perspectivism are using the same matrix of interconnected linguistic expressions that belong to what I call the universal epistemic language. Furthermore, this method reveals which doctrinal components necessarily follow from this linguistic basis and the terms “relativism” and “perspectivism” and which are a result of deliberate philosophical constructions. As for the linguistic basis and analytical doctrinal components, relativism and perspectivism are complementary members of one epistemology. Doctrinal additions that transform the original meaning of the terms “relativism” and “perspectivism”, such as “indifferentism” and “non-absolutism”, should be always explicitly mentioned to avoid confusion and strawmen debates in philosophy. (shrink)

I argue for the 'strong view of etymology' and the value of education in regard to terminological and linguistic competence.

Since Nietzsche, the term “perspectivism” has been used as the name for an ill-defined epistemological position. Some have tried to find an adequate meaning for the word “perspectivism,” tacitly investing it with a set of different predicates, such as “the dependence of cognition on position,” “pluralism,” “anti-universalism,” “epistemic humility,” etc. This approach is related to two contestable attitudes: the monolateral linguistic paradigm and the metaepistemological position of multiplicity of incompatible epistemological programs. The monolateral linguistic paradigm proceeds from the (...) assumption that there is no obligatory connection between word and meaning. This makes it possible to denote logical content by any possible sign, and to explicate the sign in any number of ways. The metaepistemological position of multiplicity of incompatible epistemological programs encourages the support of artificial antagonism in the theory of cognition and the creation of “new” positions with different denotations. These attitudes can be contrasted with the method of empirical “originalist” analysis within the bilateral paradigm, as well as the theory of one epistemology and universal epistemic language. The content of the term “perspectivism” can be reconstructed by analyzing the original meanings of its individual constituent morphemes and their combination. The extremely precise and empirically provable definition of the word “perspectivism” is “the tendency to act by seeing through something”. This points to the problem of the impossibility of analytically deducing from it “the dependence of cognition on position,” “pluralism,” and other predicates. The same problem of inconsistency between the name of the epistemological position and its content is also encountered, for example, in the literature on relativism. It freely attributes a set of doctrinal beliefs to the term “relativism” without explicit linguistic signification of the predicates and blurs the difference between perspectivism and relativism. This points to the inexpediency of constructing epistemological positions on the basis of words denoting one of all possible interrelated cognitive actions, and the need to rethink epistemological practice. (shrink)

Philosophers conceptualize a lot, generate, analyze, and engineer concepts. They often either equate ‘words’ and ‘concepts’ or consider words only as means of expression of their ‘concepts’. I suggest that philosophers should learn to distinguish between ‘words’ and ‘concepts’. Philosophers’ terms are often incompatible or partially incompatible with philosophers’ ‘concepts’. Examples are ‘isms’ in philosophy and the conception of reason. If ‘talking about the same matter’ is a prerequisite for fruitful philosophical debates, words and their analysis should have at least (...) some limiting and guiding power over concepts. (shrink)

In current discussions on the problem of the metaphysical nature of the word, four factions – eliminativism, nominalism, originalism, and the type-token theory – take an active part. For eliminativism, words as separate entities do not exist; they are only a useful cognitive illusion. In the process of communication, competent speakers make sounds and inscriptions through which they are able to infer certain intentional contents of each other’s cognitive states. However, these sounds and inscriptions cannot be regarded as instances (...) of words since they do not possess the phonological and orthographic properties constitutive of words. For nominalism, by contrast, the streams of sounds and ink patterns produced by competent speakers serve as relevant instances of a particular word, or its tokens. What we usually call “words” are collections of such tokens, composed on the basis of similarity relations (phono- logical, orthographic or semantic). For originalism, the streams of sounds and ink patterns created by competent speakers are stages of words, understood as continuants, concrete ob- jects preserving identity over time, individualized by the causal history of their origin. Words are created by competent speakers through the practice of naming and spread through chains of interpersonal contact. The phonological, orthographic and semantic properties possessed by different stages of the same word are generally useless for a proper description of objects such as words. At different times of their existence, words can change any of their properties (pronunciation, spelling, and even reference) while preserving their identity in time. For the type-token theory, words are types, or abstract objects encoding a particular phonographic pattern, which in the process of communication must be instantiated by a competent native speaker by uttering or writing the appropriate token. The type-token theory has several ad- vantages over the views of eliminativism, nominalism and originalism. Firstly, it offers a unified ontology of linguistic structures (since the division into tokens and types extends here to the whole range of linguistic units, including sentences and letters). Secondly, unlike most of its competitors, it is able to present a clear operational criterion for word identity, while being consistent with most of our intuitive notions of intra- and cross-linguistic phenomena (homonymy, synonymy, etc.). (shrink)

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...) “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

According to Originalism, word types are non-eternal continuants which are individuated by their causal-historical lineage and have a unique possible time of origination. This view collides with the intuition that individual words can be added to the lexicon of a language at different times, and generates other problematic consequences. The paper shows that such undesired results can be accommodated without abandoning Originalism.

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our (...) problems, when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

Truth by convention, once thought to be the foundation of a uniquely promising approach to explaining our access to the truth in nonempirical domains, is nowadays widely considered an absurdity. Its fall from grace has been due largely to the influence of an argument that can be sketched as follows: our linguistic conventions have the power to make it the case that a sentence expresses a particular proposition, but they can’t by themselves generate truth; whether a given proposition is (...) true—and so whether the sentence that expresses it is true—is a matter of what the world is like, which means it isn’t a matter of convention alone. The consensus is that this argument is decisive against truth by convention. Strikingly, though, it has rarely been formulated with much precision. Here I provide a new rendering of the argument, one that reveals its structure and makes transparent just what assumptions it requires, and then I assess conventionalists’ prospects for resisting each of those assumptions. I conclude that the consensus is mistaken: contrary to what is almost universally thought, there remains a promising way forward for the conventionalist project. Along the way, I clarify conventionalists’ commitments by thinking about what truth by convention would need to be like in order for conventionalism to do the epistemological work it’s intended to do. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the (...) role of history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

In conversation we trust others to communicate successfully, to understand us, etc. because they have the adequate skills to be competent in the linguistic domain. In other words, to be trustworthy regarding an activity is nothing but to have the appropriate skills required for the activity. In the linguistic case, this means that being trustworthy regarding conversation is nothing but to have the capacity of partaking as a responsible participant in linguistic conversation, which requires having the appropriate (...) linguistic skills. Now, to trust someone in conversation one better know that the person one trusts is trustworthy in the relevant sense, that is, one need to know that she has the relevant linguistic skills. Thus, in order to maintain mutual trust, participants in conversation must track not so much the linguistic successes of other participants, but their linguistic skills, i.e. they must be able to trace their successes to the agent and not to external circumstances. But lucky successes do not manifest skill and therefore show no evidence of the true capacities of performers and, therefore, are useless for building trust. This is as much true in the linguistic realm as outside of it. We care about successes because they provide us with defeasible evidence of skills, but this evidence is defeated if such successes cannot be attributed to the agent, but are instead the product of lucky. Therefore, if we care about trust, that is, if we care about agents and their skills, we need to be wary of lucky successes. (shrink)

Linguistic intuitions are a central source of evidence across a variety of linguistic domains. They have also long been a source of controversy. This chapter aims to illuminate the etiology and evidential status of at least some linguistic intuitions by relating them to error signals of the sort posited by accounts of on-line monitoring of speech production and comprehension. The suggestion is framed as a novel reply to Michael Devitt’s claim that linguistic intuitions are theory-laden “central (...) systems” responses, rather than endorsed outputs of a modularized language faculty (the “Voice of Competence”). Along the way, it is argued that linguistic intuitions may not constitute a natural kind with a common etiology; and that, for a range of cases, the process by which intuitions used in linguistics are generated amounts to little more than comprehension. (shrink)

Linguistics and philosophy, while being two closely-related fields, are often approached with very different methodologies and frameworks. Bringing together a team of interdisciplinary scholars, this pioneering book provides examples of how conversations between the two disciplines can lead to exciting developments in both fields, from both a historical and a current perspective. It identifies a number of key phenomena at the cutting edge of research within both fields, such as reporting and ascribing, describing and referring, narrating and structuring, locating in (...) time and space, typologizing and ontologizing, determining and questioning, arguing and rejecting, and implying and supposing. Each chapter takes on a phenomena and explores it through a set of questions which are posed and answered at the outset of each chapter. An accessible and engaging resource, it is essential reading for researchers and students in both disciplines, and will empower exciting and illuminating conversations for years to come. (shrink)

Linguists, particularly in the generative tradition, commonly rely upon intuitions about sentences as a key source of evidence for their theories. While widespread, this methodology has also been controversial. In this paper, I develop a positive account of linguistic intuition, and defend its role in linguistic inquiry. Intuitions qualify as evidence as form of linguistic behavior, which, since it is partially caused by linguistic competence (the object of investigation), can be used to study this competence. I (...) defend this view by meeting two challenges. First, that intuitions are collected through methodologically unsound practices, and second, that intuition cannot distinguish between the contributions of competence and performance systems. (shrink)

Linguistic structures have recently started to attract attention from economists as determinants of economic phenomena. This paper provides the first comprehensive review of this nascent literature and its achievements so far. First, we explore the complex connections between language, culture, thought and behaviour. Then, we summarize the empirical evidence on the relationship between linguistic structures and economic and social outcomes. We follow up with a discussion of data, empirical design and identification. The paper concludes by discussing implications for (...) future research and policy. (shrink)

Linguistic data are commonly considered a defeasible source of evidence from which it is legitimate to draw philosophical hypotheses and conclusions. Traditionally epistemologists have relied almost exclusively on linguistic data from western languages, with a primary focus on contemporary English. However, in the last two decades there has been an increasing interest in cross-linguistic studies in epistemology. In this entry, we provide a brief overview of cross-linguistic data discussed by contemporary epistemologists and the philosophical debates they (...) have generated. (shrink)

Ever since the publication of Kripke’s Wittgenstein on Rules and Private Language, there’s been a raging debate in philosophy of language over whether meaning and thought are, in some sense, normative. Most participants in the normativity wars seem to agree that some uses of meaningful expressions are semantically correct while disagreeing over whether this entails anything normative. But what is it to say that a use of an expression is semantically correct? On the so-called orthodox construal, it is to say (...) that it doesn’t result in a factual mistake, that is, in saying or thinking something false. On an alternative construal it is instead to say that it doesn’t result in a distinctively linguistic mistake, that is, in misusing the expression. It is natural to think that these two construals of semantic correctness are simply about different things and not in competition with each other. However, this is not the common view. Instead, several philosophers who subscribe to the orthodox construal have argued that the alternative construal of correctness as use in accordance with meaning doesn’t make any sense, partly because there are no clear cases of linguistic mistakes (Whiting 2016, Wikforss 2001). In this paper I develop and defend the idea that there’s a distinctively linguistic notion of correctness as use in accordance with meaning and argue that there are clear cases of linguistic mistakes. (shrink)

Who are the best subjects for judgment tasks intended to test grammatical hypotheses? Michael Devitt ( [2006a] , [2006b] ) argues, on the basis of a hypothesis concerning the psychology of such judgments, that linguists themselves are. We present empirical evidence suggesting that the relevant divide is not between linguists and non-linguists, but between subjects with and without minimally sufficient task-specific knowledge. In particular, we show that subjects with at least some minimal exposure to or knowledge of such tasks tend (...) to perform consistently with one another—greater knowledge of linguistics makes no further difference—while at the same time exhibiting markedly greater in-group consistency than those who have no previous exposure to or knowledge of such tasks and their goals. (shrink)

While I find Huaping Lu-Adler’s excavation of Kant’s long-overlooked linguistic Orientalism both enlightening and thought-provoking, I disagree with her diagnosis of its theoretical and practical relevance. On the one hand, while I agree that Kant’s positionality renders all his writings and teachings presumptively impactful, there is reason to doubt that his peculiar construction of the linguistic Oriental Other had much actual impact on his disciples. On the other hand, while I agree that the Kantian ideal of public reason (...) is inapt for rectifying the linguistic-epistemic injustices of global knowledge production, I disagree on why it is so. In particular, I argue for a shift in theoretical and practical focuses, from linguistic biases and prejudices, to the structural epistemic constraints of linguistic diversity, as well as to other political-structural conditions shaping global knowledge production. (shrink)

It is a common wisdom that linguistic communication is different from linguistic understanding. However, the distinction between communication and understanding is not as clear as it seems to be. It is argued that the relationship between linguistic communication and understanding depends upon the notions of understanding and communication involved. Thinking along the line of propositional understanding and informative communication, communication can be reduced to mutual understanding. In contrast, operating along the line of hermeneutic understanding and dialogical communication, (...) the process of understanding is in essence a process of communication. However, dialogical communication should not be confused with propositional understanding. Conversely, hermeneutic understanding should not be confused with informative communication either. The former is dialogical in nature while the latter is monological. (shrink)

What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or adding brand new (...) word-meaning pairs (as with 'sexual harassment'). A problem, though, is how to do this. One might worry that any attempt to change language in this way will lead to widespread miscommunication and confusion. I argue that this is indeed so, but that's a feature, not a bug of attempting to change word-meaning pairs. The miscommunications and confusion such changes cause can lead us, via a process I call transformative communicative disruption, to reflect on our language and its use, and this can be further, rather than hinder, our goal of improving language. (shrink)

Epistemic invariantism is the view that the truth conditions of knowledge ascriptions don’t vary across contexts. Epistemic purism is the view that purely practical factors can’t directly affect the strength of your epistemic position. The combination of purism and invariantism, pure invariantism, is the received view in contemporary epistemology. It has lately been criticized by contextualists, who deny invariantism, and impurists, who deny purism. A central charge against pure invariantism is that it poorly accommodates linguistic intuitions about certain cases. (...) In this paper I develop a new response to this charge. I propose that pure invariantists can explain the relevant linguistic intuitions on the grounds that they track the propriety of indirect speech acts, in particular indirect requests and denials. [Note: this paper was written in 2010-11.]. (shrink)

Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively (...) become the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)

This paper exposes a common mistake concerning the division of linguistic labor. I characterize the mistake as an overgeneralization from natural kind terms; this misleads philosophers about which terms are subject to the division of linguistic labor, what linguistic labor is, how linguistic labor is divided, and how the extensions of non-natural kind terms subject to the division of linguistic labor are determined. I illustrate these points by considering Sally Haslanger’s account of the division of (...) linguistic labor for social kind terms and raising an objection to it. Then, I draw on Tyler Burge’s work to characterize a conception of the division of linguistic labor that avoids the mistaken overgeneralization and grounds 1–4 above in social norms and practices. (shrink)

The value alignment problem for artificial intelligence (AI) asks how we can ensure that the “values”—i.e., objective functions—of artificial systems are aligned with the values of humanity. In this paper, I argue that linguistic communication is a necessary condition for robust value alignment. I discuss the consequences that the truth of this claim would have for research programmes that attempt to ensure value alignment for AI systems—or, more loftily, those programmes that seek to design robustly beneficial or ethical artificial (...) agents. (shrink)

In light of Taiwan's extensive exposure to the Chinese Communist Party's "cognitive domain infiltration warfare," this paper proposes new response mechanisms and strategies for cybersecurity and national defense. The focus is primarily on assessing the CCP's cognitive infiltration tactics to develop policy recommendations in cybersecurity linguistics. These recommendations are intended to serve as a reference for future national defense and information security policies. Within the constraints of limited resources, this study attempts to provide an integrated analysis method combining qualitative and (...) quantitative tools. This method involves text mining in cybersecurity linguistics, focusing on "textual content" and incorporating discourse deconstruction. The aim is to enhance the success rate in identifying and defining contentious information in cognitive warfare, thereby offering policy suggestions. -/- Keywords: Cognitive Infiltration, Big Data Corpus, Cybersecurity Linguistics, Text Mining Analysis, Narrative Language Deconstruction. (shrink)

Noam Chomsky’s well-known claim that linguistics is a “branch of cognitive psychology” has generated a great deal of dissent—not from linguists or psychologists, but from philosophers. Jerrold Katz, Scott Soames, Michael Devitt, and Kim Sterelny have presented a number of arguments, intended to show that this Chomskian hypothesis is incorrect. On both sides of this debate, two distinct issues are often conflated: (1) the ontological status of language and (2) the relation between psychology and linguistics. The ontological issue is, I (...) will argue, not the relevant issue in the debate. Even if this Chomskian position on the ontology of language is false, linguistics may still be a subfield of psychology if the relevant methods in linguistic theory construction are psychological. Two options are open to the philosopher who denies Chomskian conceptualism: linguistic nominalism or linguistic platonism. The former position holds that syntactic, semantic, and phonological properties are primarily properties, not of mental representations, but rather of public languagesentence tokens; The latter position holds that the linguistic properties are properties of public language sentence types. I will argue that both of these positions are compatible with Chomsky’s claim that linguistics is a branch of psychology, and the arguments that have been given for nominalism and platonism do not establish that linguistics and psychology are distinct disciplines. (shrink)

This study is concerned with linguistic competence and relationship between the socio-demographic profile in terms of parents’ education background and assigned household chores. The researcher made questionnaires and essay tests and administered among senior high school students who were randomly chosen as respondents. To analyze and interpret data, mean, standard deviation, T-test, and One-Way Analysis of Variance were utilized. ANOVA was conducted to determine whether there was a significant relationship between the socio-demographic profile and the level of linguistic (...) competency of the senior high school students. Findings revealed that there was no significant relationship between the parents’ educational attainment and linguistic competences. ANOVA was conducted again to determine whether there was a significant relationship between the assigned household chores and the level of linguistic competency of the senior high school students. Similarly, results indicate that linguistic competences do not differ among respondents with different assigned household chores. In addition, T-test was conducted to determine whether there was a significant difference among the level of linguistic competencies of the senior high school students in Ormoc City Regional Sports Academy, but the gathered results revealed that there was no significant difference among linguistic competence level. However, there was a significant difference in the linguistic competence in organization of ideas among senior high school students. Grade 11 students have significantly higher mean in organization of ideas than Grade12 students. Major findings revealed that the respondents were at the basic level under the Common European Framework of References for Languages. Generally, the linguistic competence of the senior high school students should be improved. A proposed remedial activity in English writing skills is adapted to level up the linguistic competence of the senior high school students. (shrink)

An overview of debates surrounding the use of meta-linguistic judgments in linguistics, including recent relevant empirical results.

This reissue of his collection of early essays, Logico-Linguistic Papers, is published with a brand new introduction by Professor Strawson but, apart from minor ...

The majority of our linguistic exchanges, such as everyday conversations, are divided into turns; one party usually talks at a time, with only relatively rare occurrences of brief overlaps in which there are two simultaneous speakers. Moreover, conversational turn-taking tends to be very fast. We typically start producing our responses before the previous turn has finished, i.e., before we are confronted with the full content of our interlocutor’s utterance. This raises interesting questions about the nature of linguistic understanding. (...) Philosophical theories typically focus on linguistic understanding characterized either as an ability to grasp the contents of utterances in a given language or as outputs of this ability—mental states of one type or another. In this paper, I supplement these theories by developing an account of the process of understanding. I argue that it enables us to capture the dynamic and temporal aspect of understanding and reconcile philosophical investigations with empirical research on language comprehension. (shrink)

Michael Devitt ([2006a], [2006b]) argues that, insofar as linguists possess better theories about language than non-linguists, their linguistic intuitions are more reliable. (Culbertson and Gross [2009]) presented empirical evidence contrary to this claim. Devitt ([2010]) replies that, in part because we overemphasize the distinction between acceptability and grammaticality, we misunderstand linguists' claims, fall into inconsistency, and fail to see how our empirical results can be squared with his position. We reply in this note. Inter alia we argue that Devitt's (...) focus on grammaticality intuitions, rather than acceptability intuitions, distances his discussion from actual linguistic practice. We close by questioning a demand that drives his discussion—viz., that, for linguistic intuitions to supply evidence for linguistic theorizing, a better account of why they are evidence is required. (shrink)

In this paper we address the question of what determines the content of our conscious episodes of thinking, considering recent claims that phenomenal character individuates thought contents. We present one prominent way for defenders of phenomenal intentionality to develop that view and then examine ‘sensory inner speech views’, which provide an alternative way of accounting for thought-content determinacy. We argue that such views fare well with inner speech thinking but have problems accounting for unsymbolized thinking. Within this dialectic, we present (...) an account of the nature of unsymbolized thinking that accords with and can be seen as a continuation of the activity of inner speech, while offering a way of explaining thought-content determinacy in terms of linguistic structures and representations. (shrink)

The notion of linguistic geometry is defined in this book. It is pertinent to keep in the record that linguistic geometry differs from classical geometry. Many basic or fundamental concepts and notions of classical geometry are not true or extendable in the case of linguistic geometry. Hence, for simple illustration, facts like two distinct points in classical geometry always define a line passing through them; this is generally not true in linguistic geometry. Suppose we have two (...) linguistic points as tall and light we cannot connect them, or technically, there is no line between them. However, let's take, for instance, two linguistic points, tall and very short, associated with the linguistic variable height of a person. We have a directed line joining from the linguistic point very short to the linguistic point tall. In this case, it is important to note that the direction is essential when the linguistic variable is a person's height. The other way line, from tall to very short, has no meaning. So in linguistic geometry, in general, we may not have a linguistic line; granted, we have a line, but we may not have it in both directions; the line may be directed. The linguistic distance is very far. So, the linguistic line directed or otherwise exists if and only if they are comparable. Hence the very concept of extending the line infinitely does not exist. Likewise, we cannot say as in classical geometry; three noncollinear points determine the plane in linguistic geometry. Further, we do not have the notion of the linguistic area of well-defined figures like a triangle, quadrilateral or any polygon as in the case of classical geometry. The best part of linguistic geometry is that we can define the new notion of linguistic social information geometric networks analogous to social information networks. This will be a boon to non-mathematics researchers in socio-sciences in other fields where natural languages can replace mathematics. (shrink)

Algebraic structures on linguistic sets associated with a linguistic variable are introduced. The linguistics with single closed binary operations are only semigroups and monoids. We describe the new notion of linguistic semirings, linguistic semifields, linguistic semivector spaces and linguistic semilinear algebras defined over linguistic semifields. We also define algebraic structures on linguistic subsets of a linguistic set associated with a linguistic variable. We define the notion of linguistic subset semigroups, (...) linguistic subset monoids and their respective substructures. We also define as in case of deals in classical semigroups, linguistic ideals in linguistic semigroups and linguistic monoids. This concept of linguistic ideals is extended to the case of linguistic subset semigroups and linguistic subset monoids. We also define linguistic substructures. (shrink)

Scientific method interests the linguist not only as it interests every scientific worker, but also in a special way, because the scientist, as part of his method, utters certain very peculiar speech-forms. The linguist naturally divides scientific activity into two phases: the scientist performs “handling” actions and utters speech. The speech-forms which the scientist utters are peculiar both in their form and in their effect upon hearers.

Transdisciplinary analogies and metaphors are potential useful tools for thinking and creativity. The exploration of other conceptual philosophies and fields can be rewarding and can contribute to produce new useful ideas to be applied on different problems and parts of reality. The development of the so-called 'sustainability' approach allows us to explore the possibility of translate and adapt some of its main ideas to the organisation of human language diversity. The concept of 'sustainability' clearly comes from the tradition of thinking (...) that criticises the perspective of economic development that overlooks almost totally the natural environment -the precise context where this development takes place -and which thus leads it to a final end devoid of resources and clearly harmful for the life of human beings. Against this economicist view, which is blind to its very important side effects, some academic and activist enclaves have proposed the perspective of 'sustainable development' or 'lasting development'. In other words, they have theorised, constructed, and begun to practice an economic and urbanistic development respectful of, integrated into, and in keeping with the dynamics of nature. Such perspective provides a way of improving the material aspects of human life while at the same time not damaging other environmental aspects still more necessary and fundamental for the quality —and even for the simple possibility- of human existence. In fact, the view is a synthesis of possible opposed patterns. It does not renounce material and economic improvement, but nor does it exclude a fully healthy environment that is appropriate for the continuation of the species. If we now try to transfer and to apply this way of thinking to the linguodiversity reality, are there useful analogies and metaphors to be made? We believe there are, and ones that can be used to good advantage, and linked, moreover, to the traditions of thought that have always been present but perhaps even more so these last years with the drive to develop the thinking we are calling ‘eco-linguistic’. From the outset, we would underscore the will to connect apparent ‘opposites’ in an integrative conceptualisation, such as the very syntagm ‘sustainable development’. On the sociolinguistic plane, our debate should probably be about our ‘opposites’, which could be on the one hand the expansion of the dominant languages and, on the other hand, the maintenance and development of human linguistic diversity. (shrink)

While we typically think of culture as defined by geography or ethnicity (e.g., American culture, Mayan culture), the term also applies to the practices and expectations of smaller groups of people. Though embedded in the larger culture surrounding them, such subcultures have their own sets of rules like those that scientists do. Philosophy of science has as its main object of studio the scientific activity. A way in which we have tried to explain these scientific practices is from the actual (...) ontological commitments that scientists do through their scientific theories. Certainly, we know scientific theories through some specific scientific language, which is, in its turn, a subset of the natural language developed by a particular culture. This study is conducted to explore and evaluate some of the most important epistemological consequences of these ontological commitments, specially the so-called ‘truth-commitment’ and its relation with a linguistic-cultural framework. There is an interesting debate between advocates and opponents of scientific realistic view of the natural world. Some lines of scientific realism argumentation assure that: (i) Mature scientific theories are approximately true. (ii) There are entities and organisms in the world that correspond with the ontology presupposed by the best scientific theories within a specific domain of scientific research and (iii) The new acceptable scientific theories should explain why past theories were successful predecessors (Colyvan 2008, Cocchiarella 2007 & Laudan 1981). Contrary, anti- realist positions ensure against the realist’s true - claim that is a semantic commitment - that the purpose of scientific theories to found the truth it is simple an unattainable goal, especially if the kind of truth they are looking for is a corresponding relation between scientific theories and the ontology of the world. Anti-realist positions held that this relation could be circular and unknowable. I do believe that there is a deep confusion between the way in which we accede to the knowledge of the constitutive structures, entities and organisms of the world (which is an epistemological matter) and the way these structures, entities and organisms are (which is an ontological matter). It seems that there is a bridge between the epistemological and ontological aspect in need for conceptual clarification. I do propose that the type of link between the two extremes have to be linguistic in nature. (shrink)

This paper argues against both conceptual and linguistic analysis as sources of a priori knowledge. Whether such knowledge is possible turns on the nature of concepts. The paper's chief contention is that none of the main views about what concepts are can underwrite the possibility of such knowledge.

Linguistic representations are taken by some to be representations of something, specifically of Standard Linguistic Entities, such as phonemes, clauses, noun phrases etc. This perspective takes them to be intentional. Rey (2021) further argues that the SLEs themselves are inexistent. Here I argue that linguistic representations are simply structures, abstractions of brain states, and hence not intentional, and show how they nevertheless connect to the systems that use them.

In recent years, increasing attention has been devoted to the underrepresentation, exclusion or outright discrimination experienced by women and members of other visible minority groups in academic philosophy. Much of this debate has focused on the state of contemporary Anglophone philosophy, which is dominated by the tradition of analytic philosophy. Moreover, there is growing interest in academia and society more generally for issues revolving around linguistic justice and linguistic discrimination (sometimes called ‘linguicism’ or ‘languagism’) (see e.g. Van Parijs (...) 2011). Globalization and the increasing adoption of English as global linguistic vehicle or lingua franca push these issues at the forefront of much of the world’s attention. The convergence of these two trends suggests the appropriateness of an analysis of the condition of non-native speakers of English in analytic philosophy. (shrink)

In this paper, we examine some basic linguistic abilities in a small sample of adults with minimal receptive vocabulary, whose receptive mental verbal age ranges from 1;2 to 3;10. In particular, we examine whether the participants in our study understand noun phrases consisting of a noun modified by an adjective. We use stimuli that they can recognise by name. Except for one participant, we find that, while all of them understand the noun and adjective in isolation, none seems to (...) understand these noun phrases, which means that they seem to not do linguistic composition. In order to test whether the difficulty is linguistic or conceptual, we ran two other studies, one on concept composition, and the other on iconic symbolic composition (composition of pictograms). Results suggest that linguistic composition is particularly difficult in this population, and that vocabulary breadth may not predict compositional abilities. (shrink)