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

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)

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

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)

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

In this essay I show how to reconcile epistemic invariantism with the knowledge account of assertion. My basic proposal is that we can comfortably combine invariantism with the knowledge account of assertion by endorsing contextualism about speech acts. My demonstration takes place against the backdrop of recent contextualist attempts to usurp the knowledge account of assertion, most notably Keith DeRose's influential argument that the knowledge account of assertion spells doom for invariantism and enables contextualism's ascendancy.

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)

Language is nothing but human subjects in as much as they speak, say and know. Language is something coming from the inside of the speaking subject manifest in the intentional meaningful purpose of the individual speaker. A language, on the contrary, is something coming from the outside, from the speech community, something offered to the speaking subject from the tradition in the technique of speaking. The speech act is the performance of an intuition by the subject, both individual (...) and social. (shrink)

What is a speech act, and what makes it count as one kind of speech act rather than another? In the target article, Geurts considers two ways of answering these questions. His opponent is intentionalism—the view that performing a speech act is a matter of acting with a communicative intention, and that speech acts of different kinds involve intentions to affect hearers in different ways. Geurts offers several objections to intentionalism. Instead, he articulates and defends (...) an admirably clear and resolute version of the view that performing a speech act is a matter of undertaking a social commitment. Different kinds of speech acts, on his view, involve social commitments of different kinds. My aim is to respond to Geurts on behalf of intentionalism. I’ll argue that his objections aren’t all that worrying (Section 3), that Geurts’ view suffers from some quite serious problems that intentionalists don’t face (Section 4), and that intentionalists can give a principled account of the ways that speech acts give rise to commitments (Section 5). First I will spell out the two opposing views (Sections 1–2). (shrink)

The prevailing view among contemporary analytic philosophers seems to be that, as philosophers, we primarily issue assertions. Following certain suggestions from the work of Rudolf Carnap and Sally Haslanger, I argue that the non-assertoric speech act of stipulation plays a key role in philosophical inquiry. I give a detailed account of the pragmatic structure of stipulations and argue that they are best analyzed as generating a shared inferential entitlement for speaker and audience, a license to censure those who give (...) uptake to the stipulation but do not abide by this entitlement, and as justified on the basis of the speaker and audience's shared ends. In presenting this account, I develop a novel taxonomy for making sense of criticisms of speech act performances generally and clarify the notions of successful speech act performance and uptake. To demonstrate the fruitfulness of this view of stipulation for recasting and advancing philosophical disputes, I apply my account to two case studies – the first concerns Iris Marion Young's analysis of the concept of oppression and the second involves Saul Kripke's and Hilary Putnam's accounts of the concept of reference. (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)

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

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

Language is nothing but human subjects in as much as they speak, say and know. Language is something coming from the inside of the speaking subject manifest in the meaningful intentional purpose of the individual speaker. A language, on the contrary, is something coming from the outside, from the speech community, something offered to the speaking subject from the tradition in the technique of speaking. The speech act is nothing but the development of an intuition by the subject (...) thus transforming it in words of a language. It is both individual and social. Since human subjects are free and historical, the study of speech acts is hermeneutics, that is, interpreting speech acts with knowing and the human reality. (shrink)

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

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

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

John Searle has charged R.M. Hare's prescriptivist analysis of the meaning of ‘good,’ ‘ought’ and the other evaluative words with committing what he calls the ‘speech act fallacy.’ This is a fallacy which Searle thinks is committed not only by Hare's analysis, but by any analysis which attributes to a word the function of indicating that a particular speech act is being performed, or that an utterance has a particular illocutionary force. ‘There is a condition of adequacy which (...) any analysis of the meaning of a word must meet,’ Searle writes, ‘and which the speech act analysis fails to meet. Any analysis of the meaning of a word must be consistent with the fact that the same word can mean the same thing in all the different kinds of sentences in which it can occur.' Hare maintains that the word ‘good’ is used to indicate the speech act of prescribing. He maintains that one of the principal functions of this word is to indicate that utterances of sentences containing it have prescriptive illocutionary force, and that an analysis of its meaning must make explicit and ineliminable reference to this force-indicating function. But ‘good’ regularly occurs in sentences utterances of which appear to have no prescriptive illocutionary force. (shrink)

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

In his highly engaging book, Speech and Morality, Terence Cuneo advances a transcendental argument for moral realism from the fact that we speak. After summarizing the major moves in the book, I argue that its master argument is not as friendly to non-naturalist versions of moral realism as Cuneo advertises and relies on a diet of insufficient types of speech acts. I also argue that expressivists have compelling replies to each of Cuneo's objections individually, but taken together, (...) Cuneo's objections provide the resources for issuing a new and interesting challenge to expressivists. (shrink)

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

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

The paper provides a taxonomy of group speech acts whose main division is that between collective speech acts (singing Happy Birthday, agreeing to meet) and group proxy speech acts in which a group, such as a corporation, employs a proxy, such as a spokesperson, to convey its official position. The paper provides an analysis of group proxy speech acts using tools developed more generally for analyzing institutional agency, particularly the concepts of shared (...) intention, proxy agent, status role, status function, convention and constitutive rule. (shrink)

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

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)

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

This paper offers a new account of reflective knowledge’s value, building on recent work on the epistemic norms of speech acts. Reflective knowledge is valuable because it licenses us to make guarantees and promises.

Artikel ini bertujuan untuk mengeksplorasi pemikiran Habermas tentang Speech Act. Hal ini dilakukan karena masih sedikit literatur yang membahas tentang hubungan teori tindakan komunikatif Habermas dan Speech Act nya. Hasil penelitian ini memperlihatkan: 1) menurut Habermas, bahasa mempunyai kekuatan untuk membuat manusia mencapai konsensus yang legitim. Karena itu analisis tentang bahasa, khususnya tentang teori pragmatik yang universal menjadi diperlukan. 2) untuk mengembangkan teori pragmatik universal, Habermas menggunakan teori Speech Act Austin dan Searle sebagai basis untuk teori tindakan (...) komunikatif. 3) Habermas melakukan rekonstruksi terhadap pemikiran Austin dan Searle, sehingga muncullah konsep Speech Act konstantif, yang mempunyai validitas klaim kebenaran; regulatif, yang mempunyai validitas klaim ketepatan; dan representatif, yang mempunyai validitas klaim kejujuran. Ketiga klaim itu harus dipenuhi secara serentak untuk mendapatkan konsensus yang legitim. (shrink)

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

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

The paper reconstructs and discusses three different approaches to the study of speech acts: (i) the intentionalist approach, according to which most illocutionary acts are to be analysed as utterances made with the Gricean communicative intentions, (ii) the institutionalist approach, which is based on the idea of illocutions as institutional acts constituted by systems of collectively accepted rules, and (iii) the interactionalist approach the main tenet of which is to perform illocutionary acts by making conventional (...) moves in accordance with patterns of social interaction. It is claimed that, first, each of the discussed approaches presupposes a different account of the nature and structure of illocutionary acts, and, second, all those approaches result from one-sided interpretations of Austin’s conception of verbal action. The first part of the paper reconstructs Austin's views on the functions and effects of felicitous illocutionary acts. Thesecond part reconstructs and considers three different research developments in the post-Austinian speech act theory—the intentionalist approach, the institutionalist approach, and the interactionalist approach. (shrink)

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

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

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

The conventional wisdom about conditionals claims that (1) conditionals that have non-assertive acts in their consequents, such as commands and promises, cannot be plausibly interpreted as assertions of material implication; (2) the most promising hypothesis about those sentences is conditional-assertion theory, which explains a conditional as a conditional speech act, i.e., a performance of a speech act given the assumption of the antecedent. This hypothesis has far-reaching and revisionist consequences, because conditional speech acts are not (...) synonymous with a proposition with truth conditions. This paper argues against this view in two steps. First, it presents a battery of objections against conditional-assertion theory. Second, it argues that those examples can be convincingly interpreted as assertions of material implication. (shrink)

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

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

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

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)

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

The theory of document acts is an extension of the more traditional theory of speech acts advanced by Austin and Searle. It is designed to do justice to the ways in which documents can be used to bring about a variety of effects in virtue of the fact that, where speech is evanescent, documents are continuant entities. This means that documents can be preserved in such a way that they can be inspected and modified at successive (...) points in time and grouped together into enduring document complexes. We outline some components of a theory of document acts, and show how it can throw light on certain problems in Searle’s ontology of social reality. (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)

This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some (...) cases, large paradigm shifts. I also examine cases that have yet to be adequately addressed by philosophers working on this topic, like the explosion of abusive speech online (chapter four) or the distinctive speech acts of protest groups (chapter five). I argue that by considering these alongside the ‘paradigm’ cases of subordinating speech that inform most models, we are better able to capture the lived realities of this phenomena, as described by members of groups targeted by such speech. I develop a novel account of speaker authority to explain the variety of pragmatic effects subordinating speech generates. Instead of seeing this authority as reducible to either a formal position or a merely local, linguistic phenomenon, I argue for a conception of speaker authority that is a richly contextual social fact, distributed unevenly among members of different social groups. I also develop an account of collective authority that explains how a group of speakers can join together to subordinate in a way that no individual speaker is capable of doing. This account, I argue, is better able to explain the social reality of subordinating speech than individualist models. Overall, I show how a more fine-grained account of subordinating speaker authority gives us a more accurate picture of the different subordinating speech acts available to different speakers, along with how these may harm their targets. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, refuses to let (...) them speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)