The idea that human beings are intellectually self-governing plays two roles in free-speech theory. First, this idea is frequently called upon as part of the justification for free speech. Second, it plays a role in guiding the translation of free-speech principles into legal policy by underwriting the ascriptive framework through which responsibility for certain kinds of speech harms can be ascribed. After mapping out these relations, I ask what becomes of them once we acknowledge certain very (...) general and profound limitations in people's capacity for intellectual self-governance. I argue that acknowledging these limitations drastically undermines the putative justifications for free speech of the type that I identify in the first part of the paper. I then show how we can reformulate an account of intellectual and doxastic responsibility on which we may still be held responsible for what we think or believe even though we lack agent-causal capacities in our thinking and believing. Then, in light of this ascriptive account of intellectual responsibility, I show how the key ideahave minds of their owncan (and should) still play a significant role in guiding the legislative outworkings of free speech. (shrink)

‘Transformative liberals’ believe that the state should use its non-coercive capacities to counter hateful speech and practices, by seeking to transform the views of those who hold hateful and discriminatory beliefs. This paper critically assesses transformative liberalism, with a particular focus on the theory developed by Corey Brettschneider. For Brettschneider, the state should engage in ‘democratic persuasion’ by speaking out against views that are incompatible with the ideal of free and equal citizenship, and refusing to fund or subsidise civil (...) society groups that hold such views. My critique has five parts. I first rebut two central justifications for transformative liberalism, regarding complicity and the undermining of equal citizenship. Second, I show that some of the central policies that Brettschneider advocates are in fact coercive. Third, I raise concerns about the nature of the complex and contestable judgments that transformative liberalism requires the state to make. Fourth, I argue that Brettschneider’s view has various troubling implications. Finally, I argue that many of these problems derive from his adoption of a thick conception of free and equal citizenship, resulting in an overly broad definition of hateful viewpoints and of hate speech. A defensible version of transformative liberalism would use a significantly narrower conception. (shrink)

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)

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)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the (...) social status of members of targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (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.

Not every speech act can be a lie. A good definition of lying should be able to draw the right distinctions between speech acts that can be lies and speech acts that under no circumstances are lies. This paper shows that no extant account of lying is able to draw the required distinctions. It argues that a definition of lying based on the notion of ‘assertoric commitment’ can succeed where other accounts have failed. Assertoric commitment is analysed (...) in terms of two normative components: ‘accountability’ and ‘discursive responsibility’. The resulting definition of lying draws all the desired distinctions, providing an intensionally adequate analysis of the concept of lying. (shrink)

Some of the systems used in natural language generation (NLG), a branch of applied computational linguistics, have the capacity to create or assemble somewhat original messages adapted to new contexts. In this paper, taking Bernard Williams’ account of assertion by machines as a starting point, I argue that NLG systems meet the criteria for being speech actants to a substantial degree. They are capable of authoring original messages, and can even simulate illocutionary force and speaker meaning. Background intelligence embedded (...) in their datasets enhances these speech capacities. Although there is an open question about who is ultimately responsible for their speech, if anybody, we can settle this question by using the notion of proxy speech, in which responsibility for artificial speech acts is assigned legally or conventionally to an entity separate from the speech actant. (shrink)

Jeremy Waldron, among others, has forcefully argued that public hate speech assaults the dignity of its targets. Without denying this claim, I contend that it fails to establish that bans, rather than counterspeech, are the appropriate response. By articulating a more refined understanding of counterspeech, I suggest that counterspeech constitutes a better way of blocking hate speech’s dignitarian harm. In turn, I address two objections: according to the first, which draws on contemporary philosophy of language, counterspeech does not (...) block enough hate speech; according to the second, counterspeech blocks too much speech. Although these objections should qualify our optimism regarding counterspeech, I demonstrate that each can be turned, with even greater force, against hate speech bans. (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)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms (...) is built around claims about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

Social media platforms allow users to perform different speech acts: status updates could be assertives, a like is an expressive, a friendship request is a directive, and so on. But sharing (or "retweeting") seems to lack a fixed illocutive status: this explains why present controversies concerning the sharing of misinformation have been debated in legal procedure and discussed from the point of view of personal responsibility without reaching a general consensus. The premise of this paper is that the diffusion (...) of false or unwarranted information could be better analyzed if we consider sharing a precisely definable speech act. I will describe some dominant interpretations of the act of sharing that are not, however, sufficient to fully explain it. As an alternative, it will be shown that there is a specific illocutive structure of the act of sharing, which not only consists in asserting the "shareworthiness" or the relevance of a content, but is primarily comparable to an "attention-orienting" directive. (shrink)

Complaining is frequently regarded as a negative act stated to attack a person who is responsible for a wrong behavior. However, the proper use of complaints can improve an offensive situation and establish solidarity between interlocutors. This study is aimed at comparing the strategies of complaints made by college- educated native speakers of English and Indonesian. Qualitative method was used to carry out this study by involving 14 English native speakers (ENSs) and 30 Indonesian native speakers (INSs) who were (...) randomly selected. Survey questions were used to collect the data. (shrink)

Anger dominates debates in the public sphere. In this article I argue that there are diverse forms of anger that merit different responses. My focus is especially on two types of anger that I label respectively arrogant and resistant. The first is the characteristic defensive response of those who unwarrantedly arrogate special privileges for themselves. The second is often a source of insight and a form of moral address. I detail some discursive manifestations of these two types of anger. I (...) show that arrogant anger is responsible for attempts to intimidate and humiliate others with whom one disagrees. Whilst resistant anger can be intimidating, it is also essential in communicating moral demands. (shrink)

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)

Can supervaluationism successfully handle indirect speech reports? This chapter considers, and rejects, Schiffer’s claim that they cannot. One alleged problem with indirect speech reports is that the truth of “Carla said that Bob is tall” implausibly requires that Carla said all of a huge number of precise things (i.e. that Bob was over n feet tall, for values of n corresponding to precisifications of “tall”). The paper shows why the supervaluationist is not committed to this. Vague singular terms (...) are no particular problem for supervaluationism within indirect speech reports, it is argued, but there remain some issues surrounding certain vague demonstratives. The supervaluationist has good responses available, however, and any remaining questions face all theories of vagueness and are more appropriately addressed within a theory of demonstratives rather than a theory of vagueness. (shrink)

I argue that assertoric content functions as a means for us to track the responsibilities undertaken by communicators, and that distinctively assertoric commitments are distinguished by being generated directly in virtue of the words the speaker uses. This raises two questions: (a) Why are speakers responsible for the content thus generated? (b) Why is it important for us to distinguish between commitments in terms of their manner of generation? I answer the first question by developing a novel responsibility based (...) metasemantics. I answer the second by reference to the conflicting pressures governing the resources we have available for appraising speech. (shrink)

When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...) for off-duty conduct have thus far focused primarily on due process related issues or legal concerns pertaining to free speech, lifestyle discrimination, and employment at-will. However, these concerns amount to only a partial, and contingent, diagnosis of what is at issue. I argue that even when due process considerations are met, firings in these contexts can be unjustified. Moreover, even if a business is not concerned with the unethical conduct per se, but is rather strictly concerned with PR, the argument I advance nevertheless provides one important ethical reason that counts against firings in mass social media outrage contexts. Given that managers are often under significant pressure to respond swiftly in cases where an employee is at the center of mass social media outrage, it is especially important that scholars begin to clarify the normative issues. This article builds on the burgeoning philosophical literature on the ethics of blame and provides a novel account of a distinctive ethical concern that arises with firings in mass social media outrage contexts. (shrink)

In performing an act of assertion we are sometimes responsible for more than the content of the literal meaning of the words we have used, sometimes less. A recently popular research program seeks to explain certain of the commitments we make in speech in terms of responsiveness to the conversational subject matter. We raise some issues for this view with the aim of providing a more general account of linguistic commitment: one that is grounded in a more general (...) action‐theoretic notion of responsibility. (shrink)

There is an ongoing discussion among scholars as well as among the public about whether liberal democracies should have laws against hate speech. Proponents of hate speech laws argue that these laws play a crucial part in liberal democracies since they help ensure the protection of basic rights, such as every citizen being treated equally with respect. Opponents of hate speech laws, on the other hand, argue that hate speech laws are a threat to freedom of (...) (political) speech and that, hence, these laws are illegitimate in a liberal democracy. I argue that hate speech laws can actually work both as a protection for minority groups, while at the same time also as a defence against unreasonable demands for restrictions on (political) speech. Further, I argue that laws against hate speech are an expression of democratic formation, meaning that the respect for, and protection of, minorities should be an inherent part of an enlightened and educated modern democracy. I present an argument from democratic formation, which builds on foundational pillars of democracy such as dignity, civility, equality, and critical thinking. I hold that phenomena like cancel culture and ‘extreme political correctness’ are a result of a tendency towards the decline of democratic formation in modern society in general – something, which springs from, inter alia, decades of a growing focus on technological development, while at the same time a decreasing focus on critical thinking in the educational system. (shrink)

Recent years have seen an upsurge of inflammatory speech around the world. Understanding the mechanisms that correlate speech with violence is a necessary step to explore the most effective forms of counterspeech. This paper starts with a review of the features of dangerous speech and ideology, as formulated by Jonathan Maynard and Susan Benesch. It then offers a conceptual framework to analyze some of the underlying linguistic mechanisms at play: derogatory language, code words, figleaves, and meaning perversions. (...) It gives a hypothesis for assessing the moral responsibility of interlocutors in dangerous speech situations. The last section applies this framework to a case of demagogic discourse. The framework offered explains how public discourse has harmed social relations and institutions, and is an obstacle to rational resolutions to the political situation. (shrink)

Online service providers —such as AOL, Facebook, Google, Microsoft, and Twitter—significantly shape the informational environment and influence users’ experiences and interactions within it. There is a general agreement on the centrality of OSPs in information societies, but little consensus about what principles should shape their moral responsibilities and practices. In this article, we analyse the main contributions to the debate on the moral responsibilities of OSPs. By endorsing the method of the levels of abstract, we first analyse the moral responsibilities (...) of OSPs in the web. These concern the management of online information, which includes information filtering, Internet censorship, the circulation of harmful content, and the implementation and fostering of human rights. We then consider the moral responsibilities ascribed to OSPs on the web and focus on the existing legal regulation of access to users’ data. The overall analysis provides an overview of the current state of the debate and highlights two main results. First, topics related to OSPs’ public role—especially their gatekeeping function, their corporate social responsibilities, and their role in implementing and fostering human rights—have acquired increasing relevance in the specialised literature. Second, there is a lack of an ethical framework that can define OSPs’ responsibilities, and provide the fundamental sharable principles necessary to guide OSPs’ conduct within the multicultural and international context in which they operate. This article contributes to the ethical framework necessary to deal with and by endorsing a LoA enabling the definition of the responsibilities of OSPs with respect to the well-being of the infosphere and of the entities inhabiting it. (shrink)

This chapter develops an account of epistemic nihilism—roughly, the rejection of truth’s intrinsic or instrumental value in favor of statements that reject or obscure truth to secure an advantage for the speaker—by examining three instances of such nihilism: lying, bullshit, and trolling. It further argues that epistemic nihilism, exacerbated by changes in the media landscape, can pose a significant threat to liberal democratic institutions and ideals by undermining the democratic ideal of good faith engagement on a level playing field, while (...) also encouraging undemocratic actions (e.g., terrorism) among interlocutors who take the nihilist’s claims seriously. Finally, this chapter argues that in extreme cases, we are justified in denying epistemic nihilists a platform from which to speak by drawing a parallel with vexatious litigant laws that deny individuals the right to petition courts for redress on the grounds that abuse of that right results in significant harm to both individuals and the legal system itself. (shrink)

Today, dignity recognized as a fundamental value across legal systems is equal, inherent and inalienable, inviolable, is the source of human rights and is essential for its subject to be recognized as an autotelic entity (an end in itself) that cannot be treated as an object. The analysis of the extract from Plato’s Demiurge’s speech in Timaeus reveals that Plato developed a reflection on something that determines the qualitative difference between certain beings and the world of things, and that (...) forms the basis for the special treatment of these beings, which the modern language can reasonably describe as dignity. The attributes of that dignity seem to overlap with the nature of dignity as we know today. What is more, Plato proposes a response to the question of what dignity is like but also to the question of what dignity is. It is the existential perfection, established in a perfect way of existence based on a specific internal unity of being. As the existential perfection, it covers the entire being along with all its features; it is inseparable from being (inherent and inalienable) – without it, it cannot exist. It is primordial to the particular features and independent of their acquisition or loss. Plato’s approach allows, based on the approach to dignity, the formulation of proposals aligned with today’s personalistic standards prescribing that persons be treated as ends in themselves and prohibiting the treatment of persons like objects. (shrink)

We reflect on the nature of corporate codes of conduct is this article. Based on John Austin’s speech act theory, four characteristics of a performative concept of corporate codes will be introduced: 1) the existential self-performative of the firm identity, 2) which is demanded by and responsive to their stakeholders; 3) Because corporate codes are structurally threatened by the possibility of failure, 4) embracing the code not only consists in actual corporate responsible behaviour in light of the code, (...) but in the incessant recapturing of the code in the struggle of firms against the possible incongruence between their ethical principles and their actual responsible behaviour. A performative concept of corporate codes helps to bridge classical dichotomies like individualist versus collectivist approaches of moral agency and restrictive versus empowering ethics, and opens a new perspective on the interaction between individual ethical behaviour and the corporate institutionalisation of codes. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

L.S. Vygotsky’s “regulative” account of the development of human thinking hinges on the centralization of “directive” speech acts (commands or imperatives). With directives, one directs the activity of another, and in turn begins to “self-direct” (or self-regulate). It’s my claim that Vygotsky’s reliance on directives de facto keeps his account stuck at Tomasello's level of individual intentionality. Directive speech acts feature prominently in Tomasello’s developmental story as well. But Tomasello has the benefit of accounting for a functional differentiation (...) in directive communication—i.e., in collaborative activity, the command gives way to both the request and informational assertion. Lacking such differentiation, Vygotsky’s account runs the risk of playing to a rather strident conception of the socius, one more Machiavellian than Marxist. (shrink)

When it comes to social criticism of the economy, Critical Theory has thus far failed to discover specific immanent norms in that sphere of activity. In response, we propose that what is needed is to double down on the idealism of Critical Theory by taking seriously the sophisticated structure of agency developed in Hegel’s own account of freedom as self-determination. When we do so, we will see that the anti-metaphysical gestures of recent Critical Theory work in opposition to its attempts (...) to develop immanent critique. In this paper we first briefly reconsider Axel Honneth’s project as it concerns economic institutions and then respond by returning to the problem of freedom and articulating a view according to which the problem of individual self-determination and the problem of social production are the same problem seen from different angles. Then we present briefly Hegel’s own social theory from this perspective before moving on to trace the outlines of such a critical theory of contemporary capitalism. (shrink)

In ‘What Reference Has to Tell Us about Meaning’, Stephen Schiffer argues that many of the objects of our beliefs, and the contents of our assertoric speech acts, have what he calls the relativity feature. A proposition has the relativity feature just in case it is an object-dependent proposition ‘the entertainment of which requires different people, or the same person at different times or places, to think of [the relevant object] in different ways’ (129). But as no Fregean or (...) Russellian proposition can possibly have such a feature, we must either (i) give up on these traditional theories of propositional content in favor of an account that can allow for the relativity feature, or else (ii) explain why the things we believe, and say, oftentimes seem to have this feature even though they, in fact, do not. Schiffer pursues the former option; in this essay, I pursue the latter. (shrink)

Should college teachers still teach works with immoral content? What if the works are by deeply immoral thinkers? This guide is intended to help us answer these sorts of pedagogical questions by articulating the pertinent moral issues and then suggesting strategies for navigating them.

This paper examines whether American parents legally violate their children’s privacy rights when they share embarrassing images of their children on social media without their children’s consent. My inquiry is motivated by recent reports that French authorities have warned French parents that they could face fines and imprisonment for such conduct, if their children sue them once their children turn 18. Where French privacy law is grounded in respect for dignity, thereby explaining the French concerns for parental “over-sharing,” I show (...) that there are three major legal roadblocks for such a case to succeed in US law. First, US privacy tort law largely only protects a person’s image where the person has a commercial interest in his or her image. Secondly, privacy tort laws are subject to constitutional constraints respecting the freedom of speech and press. Third, American courts are reluctant to erode parental authority, except in cases where extraordinary threats to children’s welfare exist. I argue that while existing privacy law in the US is inadequate to offer children legal remedy if their parents share their embarrassing images of them without their consent, the dignity-based concerns of the French should not be neglected. I consider a recent proposal to protect children’s privacy by extending to them the “right to be forgotten” online, but I identify problems in this proposal, and argue it is not a panacea to the over-sharing problem. I conclude by emphasizing our shared social responsibilities to protect children by teaching them about the importance of respecting one another’s privacy and dignity in the online context, and by setting examples as responsible users of internet technologies. (shrink)

The notion of responsibility has come to play a leading role in both political discourse and political philosophy. Yasha Mounk’s The Age of Responsibility provides a wide-ranging exploration of this zeitgeist. As the author notes, ‘[t]his book stands at an unusual methodological intersection. It contains elements of intellectual history, social theory, comparative politics, and normative political philosophy’ (26). Philosophical theories of free will and moral luck battle for space with analyses of welfare conditionality and Obama’s speeches. The author navigates this (...) diverse terrain with skill, providing an authoritative survey of the recent history of an idea. (shrink)

Abstract: This study aims to describe (1) the form of compliment strategies and compliment responses of English learners at the Adab and Humanities Faculty of UIN Alauddin Makassar, (2) the factors related to the pragmatics of the transfer of English learners at the Adab and Humanities Faculty of UIN Alauddin Makassar. The population in this study is all students of semester 6 of the Class of 2017 English Language and Literature Faculty of Adab and Humanities UIN Alauddin Makassar, with a (...) total of 70 respondents as a representative selected research sample, is considered as the representation of the entire research population. The data collection methods are conducted using DCT, interviews, and direct observations. The data obtained is analyzed with quantitative and qualitative techniques. Specifically, the quantitative data is processed with statistics using R analytics software, while the qualitative data is analyzed using pragmatic transfer analysis. The results showed that (1) The form of compliment strategy used by English learners at the UIN Alauddin Makassar faculty consists of 18 forms of compliment strategies and 13 forms of compliment response strategies, the most commonly used forms are surprise and congratulations strategies while the form of compliment response that is most often done is the appreciation and appreciation strategy receive compliments. (2) There are 3 factors related to the pragmatic transfer of English learners that affect the negative transfer that occurs when performing compliments speech acts and compliment responses, including sociopragmatic, pragmalinguistic and psychopragmatic factors. Keywords: pragmatic transfer, speech act, compliment and complement response . (shrink)

This chapter explores Nagel’s polemics. It shows these have a two-fold character: (i) to defend liberal civilization against all kinds of enemies. And (ii) to defend what he calls ‘contextual naturalism.’ And the chapter shows that (i-ii) reinforce each other and undermine alternative political and philosophical programs. The chapter’s argument responds to an influential argument by George Reisch that Nagel’s professional stance represents a kind of disciplinary retreat from politics. In order to respond to Reisch the relationship between Nagel’s philosophy (...) of science and his politics is explored and this chapter shows how both are anchored in what Nagel once called his ‘contextual naturalism’—a metaphysics that resists imposing the unity of the world and treats all entities as embedded in a wider network of entities. Part of the argument traces out how Nagel’s views on responsible speech and professionalism reflect a distinct understanding of the political role of philosophers of science. (shrink)

This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights one should (...) have and which rights others should have. So one’s values include how one should treat all persons (and (other) animals, the environment and so on.) All this relates to what one finds meaningful in life and the meaning or point of one’s life. In sum, all the notions in this paper’s title are interrelated. The issue of rationality is crucial here. Just one example here (qualified later) is that our rationality gives us cognitively meaningful notions. ‘Rationality’ here only concerns knowledge, e.g., ways to acquire scientific knowledge, and meta-knowledge concerning values. No values or rights as such are rational or knowledge. However:- Many factors are required for human rationality to exist and develop, e.g., life, mental health and evidence-based education. Human rationality’s need for those factors, hence their value to rationality, is rationally-unquestionable – and that applies to the practised values prescribing the prescribable factors. With this, there are rationally-unquestionable rights to those factors. Those prescribable factors require certain interrelated epistemic, moral, social, political, legal, educational and other values/rights to be practised. This implies a pro-rationality values-theory with one obligatory, general end – a uniquely rationally-unquestionable end. This end provides the basis for answering Socrates’s question as rationally (correctly) as is possible for values/rights. That end is fundamentally epistemic, namely ‘Be pro-rationality’, yet the theory has deeply-humanly-meaningful, universal applications. It has implications for current and all possible moral, social, political, legal, educational, environmental etc issues. E.g., the theory shows that human rationality crucially requires love and certain other emotions, health-care, education and upbringing. These require certain right to be respected and practised. With this, the paper discusses affection, free speech, journalism, psychotherapy, political and sexual consent, responsibilities, freedom and government. The theory’s general sub-values prescribe much prescribed by some other theories, e.g., broad and deep knowledge-acquisition (in certain areas), rationally-critical thinking, non-sexism, non-racism, general types of liberalism, holistic flourishing, happiness, unselfishness and fairness. However, all other values-theories lack pro-rationality theory’s maximum possible rational-unquestionability, internal coherence and coherence with rationality. The theory encourages (the right to) total freedom in a-rationality areas, areas irrelevant to its obligatory end. The theory inherently requires its advocates to be (self )critical, rationally viewing the theory’s necessarily human-suggested specifics as often fallible or unavoidably approximate. So the theory is a work-in-progress. (shrink)

This paper argues that to account for group speech acts, we should adopt a representationalist account of mode / force. Individual and collective subjects do not only represent what they e.g. assert or order. By asserting or ordering they also indicate their theoretical or practical positions towards what they assert or order. The ‘Frege point’ cannot establish the received dichotomy of force and propositional content. On the contrary, only the representationalist account allows a satisfactory response to it. It also (...) allows us to give a more satisfactory analysis of the speech act of inviting a joint commitment and to answer two important questions Bernhard Schmid has raised about group speech acts, namely whether there are 1st person plural forms of Moore’s paradox and of 1st person authority. (shrink)

This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then (...) develop a critical response to this view with three main focal points: (1) the characterisation of democratic legitimacy as something distinct from (and whose demands aren’t identical with those of) legitimacy per se; (2) the claim that the requirements of democracy are hypothetical, rather than categorical, imperatives; and relatedly (3) the question of how we should reconcile the requirements of democratic legitimacy with the costs that may follow from prioritising democratic legitimacy. We argue that there are significant difficulties for Heinze’s account on all three fronts. (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)

In the time of Coronavirus, it is perhaps as good a time as any to comment on the use and abuse of metaphors. One of the worst instances of metaphor abuse-especially given the recent epidemiological crisis-is Lynne Tirrell's notion of toxic speech. In the foregoing reply piece, I analyze Tirrell's metaphor and reveal how it blinds us to the liberating power of public speech. Lynne Tirrell argues that some speech is, borrowing from field of Epidemiology, toxic in (...) the sense that it harms vulnerable listeners. In this response piece, I summarize the main points of Tirrell's toxic speech argument, map the underlying conceptual metaphor and pose three objections. (shrink)

This paper tests a theory about the relationship between two important topics in moral philosophy and psychology. One topic is the function of normative language, specifically claims that one “ought” to do something. Do these claims function to describe moral responsibilities, encourage specific behavior, or both? The other topic is the relationship between saying that one “ought” to do something and one’s ability to do it. In what respect, if any, does what one “ought” to do exceed what one “can” (...) do? The theory tested here has two parts: (1) “ought” claims function to both describe responsibilities and encourage people to fulfill them (the dual-function hypothesis); (2) the two functions relate differently to ability, because the encouragement function is limited by the person’s ability, but the descriptive function is not (the interaction hypothesis). If this theory is correct, then in one respect “ought implies can” is false because people have responsibilities that exceed their abilities. But in another respect “ought implies can” is legitimate because it is not worthwhile to encourage people to do things that exceed their ability. Results from two behavioral experiments support the theory that “ought” exceeds but implies “can.” Results from a third experiment provide further evidence regarding an “ought” claim’s primary function and how contextual features can affect the interpretation of its functions. (shrink)

In Lying and Insincerity, Andreas Stokke argues that bald-faced lies are genuine lies, and that lies are always assertions. Since bald-faced lies seem not to be aimed at convincing addressees of their contents, Stokke concludes that assertions needn’t have this aim. This conflicts with a traditional version of intentionalism, originally due to Grice, on which asserting something is a matter of communicatively intending for one’s addressee to believe it. I argue that Stokke’s own account of bald-faced lies faces serious problems (...) and give several responses on behalf of intentionalism. Some bald-faced lies are best understood as irrational attempts to deceive. Others are best understood as indirect speech acts of various kinds. Still, others are best understood as conventional speech acts, which differ from communicative acts like assertion in the ways that they must be embedded in social institutions or practices. An overarching theme of this essay is that we should not make theoretical decisions about how to classify speech acts by consulting ordinary usage. (shrink)

In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...) and normative frameworks from free speech theory can be used to help extend the argument for regulating dangerous dual-use research beyond overly simplistic cost-benefit reasoning, but without reverting to an implausibly absolutist view of scientific autonomy. (shrink)

The Knowledge Norm of Assertion claims that it is proper to assert that p only if one knows that p. Though supported by a wide range of evidence, it appears to generate incorrect verdicts when applied to utterances of “I don't know.” Instead of being an objection to KNA, I argue that this linguistic data shows that “I don't know” does not standardly function as a literal assertion about one's epistemic status; rather, it is an indirect speech act that (...) has the primary illocutionary force of opting out of the speaker's conversational responsibilities. This explanation both reveals that the opt-out is an under-appreciated type of illocutionary act with a wide range of applications, and shows that the initial data in fact supports KNA over its rivals. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in (...) a descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Jennifer Saul has argued that the speech acts approach to pornography, where pornography has the illocutionary force of subordinating women, is undermined by that very approach: if pornographic works are speech acts, they must be utterances in contexts; and if we take contexts seriously, it follows that only some pornographic viewings subordinate women. In an effort to defend the speech acts approach, Claudia Bianchi argues that Saul focuses on the wrong context to fix pornography’s illocutionary force. In (...) response, I defend Saul arguing that Bianchi doesn’t show Saul has focused on the wrong context. (shrink)

Humor is unlike other forms of communication because its content is not meant literally. Like acts of play, humor is not intended to be taken at face value. As a consequence, the assumptions and rules that govern normal conversation do not apply. Humor therefore depends upon both the speaker and the audience fully understanding that what was communicated should be treated in this unique way. The play frame refers to this shared understanding about the nature of the communication. Analyzing whether (...) a communication falls within the play frame may help us better understand not only whether the communication can be deemed non-serious or serious, but also whether it can be treated uniquely as merely the speaker’s attempt at play or as a typical instance of literal speech for which the speaker can be deemed ethically responsible. (shrink)

Global society issues are putting increasing pressure on both small and large organizations to communicate ethically at all levels. Achieving this requires social skills beyond the choice of language or vocabulary and relies above all on individual social responsibility. Arguments from social contract philosophy and speech act theory lead to consider a communication contract that identifies the necessary individual skills for ethical communication on the basis of a limited number of explicit clauses. These latter are pragmatically binding for all (...) partners involved and help to ensure that the ground rules of cooperative communication are observed within a group or an organization. Beyond promoting ethical communication, the communication contract clarifies how individual discursive behaviour can be constructively and ethically monitored by group leaders in business meetings. A case study which shows what may happen when ground clauses of ethical communication are violated is presented. The conclusions of the study highlights why attempting to respect the communication contract is in the best interest of all partners at all levels within any group or organization. (shrink)

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to (...) harmful speech, should be between pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

Gail Murrow and Richard Murrow offer a novel account of dehumanization, by synthesizing data which suggest that where subject S has a dehumanized view of group G, S‘s neural mechanisms of empathy show a dampened response to the suffering of members of G, and S‘s judgments about the humanity of members of G are largely non-conscious. Here I examine Murrow and Murrow‘s suggestions about how identity-based hate speech bears responsibility for dehumanization in the first place. I identify a distinction (...) between (i) accounts of the nature of the harm effected by identity prejudice, and (ii) accounts of how hate speech contributes to the harms of identity prejudice. I then explain why Murrow and Murrow‘s proposal is more aptly construed as an account of type (i), and explain why accounts of this type, even if they‘re plausible and evidentially well-supported, have limited implications in relation to justifications for anti-hate speech law. (shrink)