It is common in popular depictions to portray the attitude of trusting and the norms associated with rationality as standing in some kind of tension. In this article, we suggest a way of capturing this tension, and explore some recent attempts at resolving it.

According to a dominant understanding, the illocutionary domain is a bifurcated one, an amalgam containing both communicative speech acts (such as requesting and promising) and ceremonial speech acts (such as saying ‘I do’ in a marriage ceremony and naming a ship). Bifurcating the domain in this manner is commonly taken to be a primary lesson of Austin’s “How To Do Things With Words’, alongside that of according communicative speech acts a far greater prominence in terms of our core understanding of (...) illocution. In contrast, we draw on the resources provided by Austin’s work to provide a more unified conception of the illocutionary domain, one in which differences between communicative and ceremonial acts are themselves understood to emerge from a broader understanding of the illocutionary character of speech. (shrink)

It is common in popular depictions to portray the attitude of trusting and the norms associated with rationality as standing in some kind of tension. In this article, we suggest a way of capturing this tension, and explore some recent attempts at resolving it.

Midway through How to Do Things With Words, J.L. Austin’s announces a “fresh start” in his efforts to characterize the ways in which speech is action, and introduces a new conceptual framework from the one he has been using up to that point. Against a common reading that portrays this move as simply abandoning the framework so far developed, Marina Sbisà contends that the text takes the argumentative form of a proof by contradiction, such that the initial framework plays an (...) instrumental role as part of a proof in favour of the subsequent one. Despite agreeing with Sbisà’s broad instrumentalist approach, we argue that her regimentation of Austin’s narrative into a proof by contradiction ultimately fails - both as a proof and as an interpretation of Austin. Instead, we suggest that a better way of interpreting the peculiar structure of How to Do Things With Words is as a pedagogical exercise whose point is to bring a concealed alternative into view in a manner that also explains its initial concealment, and that this approach provides richer resources for supporting Sbisà’s own conventionalist understanding of illocution than that afforded by reading the text as a proof by contradiction. (shrink)

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

"Robert Brandom" is one of the most significant philosophers writing today, yet paradoxically philosophers have found it difficult to get to grips with the details and implications of his work. This book aims to facilitate critical engagement with Brandom's ideas by providing an accessible overview of Brandom's project and the context for an initial assessment. Jeremy Wanderer's examination focuses on Brandom's inferentialist conception of rationality, and the core part of this conception that aims to specify the structure that (...) a set of performances within a social practice must have for the participants to count as sapient beings by virtue of their participation in the practice, and for the performances within the practice to have objective semantic content by virtue of their featuring within the practice. Wanderer's exploration of these two goals forms the structure to the book. It Includes: Part I that provides a structural model of linguistic practice and considers various groups of potential participants in terms of their relationships to this practice; and, Part II that examines the meaning of the performances that are caught up in this gameplaying practice. Brandom's approach to semantics is outlined and the challenge such an approach has in allowing for a representational dimension of language and thought is explored. Wanderer offers readers a valuable framework for understanding the Brandomian system and helps situate Brandom's systematic theorizing within contemporary Anglo-American philosophy. This book will be a sought after aid to reading Brandom for advanced students and philosophers engaging with his challenging body of work. (shrink)

I examine a distinctive kind of injustice which arises when people are maltreated in their capacity as potential conveyors of knowledge. Extant discussions of testimonial injustice usually assume that the injustice occurs when an audience ignores the claims made by a testifier. This assumption obscures the fact that there are occasions where the best framework for thinking about testimonial injustice is that of inappropriately rejecting, not ignoring, those claims; the injustice differs in these two kinds of case. Light is thrown (...) on the injustice involved in inappropriate rejection by examining the epistemic import of the distinctive second-person interrelations in play in such testimonial interactions. (shrink)

Critical notice of Paul Faulkner, "Knowledge on Trust" (OUP 2011) and Benjamin McMyler, "Testimony, Trust, and Authority" (OUP 2011).

An alethic holding is any speech act that functions to hold another person to acting for reasons that they already had prior to the performance of a speech act with this function. Although it is tempting to think of such acts as either informing another person of extant reasons for acting or as creating new reasons for that person to so act, a central goal of this paper is to suggest that this temptation should be resisted. First, alethic speech acts (...) are situated within the broader terrain of performances that strive to hold others responsible. Second, the precise sense of ‘holding’ to reason that characterizes an alethic speech act is explicated, in a manner that distinguishes such acts from either those designed to inform one of extant norms or to add new norms. Third, an account that attempts to explain how a speech act can achieve this holding function is offered, one based on the idea of a self-conscious interpersonal, transaction. Finally, it is suggested that the terrain of holding other’s responsible sketched at the outset looks different once this account of alethic holdings is in view. (shrink)

This article is an investigation into G. E. M. Anscombe's suggestion that there can be cases where belief takes a personal object, through an examination of the role that the activity of teaching plays in Anscombe's discussion. By contrasting various kinds of ‘teachers’ that feature in her discussion, it is argued that the best way of understanding the idea of believing someone personally is to situate the relevant encounter within the social, conversational framework of ‘engaged reasoning’. Key features of this (...) framework are highlighted, and are used to characterise the distinctive kind of teaching and learning germane to Anscombe's suggestion. (shrink)

Recent feminist philosophy of language has highlighted the ways that the speech of women can be unjustly impeded, because of the way their gender affects the uptake their speech receives. In this chapter, I explore how similar processes can undermine the speech of a different sort of speaker: Indigenous communities. This involves focusing on Indigeneity rather than gender as the salient social identity, and looking at the ways that group speech, rather than only individual speech, can be unjustly impeded. To (...) do this, I make use of the notion of ‘discursive injustice’ that has been developed by Quill Kukla, and, with reference to three case studies, show how discursive injustice can effectively derail the speech of Indigenous communities. (shrink)

Jennifer Lackey (2018) has developed an account of the primary form of group assertion, according to which groups assert when a suitably authorized spokesperson speaks for the group. In this paper I pose a challenge for Lackey's account, arguing that her account obscures the phenomenon of group silencing. This is because, in contrast to alternative approaches that view assertions (and speech acts generally) as social acts, Lackey's account implies that speakers can successfully assert regardless of how their utterances are taken (...) up by their audiences. What reflection on group silencing shows us, I argue, is that an adequate account of group assertion needs to find a place for audience uptake. (shrink)

The focus of this paper is on the practice of clarifying illocutionary force, the social activity of asking for and providing descriptions that make explicit what kind of act what done in speaking. Two forms of this practice are distinguished, one that takes place as part of the speech encounter that is the target of the practice, and one that takes place subsequent to that speech encounter. It is argued that the function of the practice differs between these forms, and (...) that this yields two very different ways of responding to a clarificatory query. The paper concludes by considering some implications of this difference in function for understanding of the character of illocutionary force itself, with a focus on its repercussions for understanding the possible role of the stance of participant, as opposed to theorist, in determining what was done in speaking. (shrink)

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

This essay attempts to extend the exercise in normative pragmatics undertaken by Robert Brandom to include consideration of the logical relations between the practices of making of claims involving the use of the first-person-singular pronoun (‘I-talk’) and the making of claims involving the second-person-singular pronoun (‘You-talk’). The first part of the essay makes the case that the implicit response found in Brandom’s work affirms the pragmatic independence of I-talk from You-talk, such that it is possible to conceive of a discursive (...) practice involving people using the first person-singular pronoun but not the second-person. The second part argues this response is mistaken, as there are reasons internal to Brandom’s own project that require pragmatic interdependence of I-talk and You-talk. The upshot of this exercise is normative pragmatics is thus that there can be no ‘I’ without a ‘You’. (shrink)

In this paper I direct attention to one feature of Hacking’s recent work on styles of reasoning and argue that this feature is of far greater philosophical significance than Hacking’s limited discussion of this suggests. The feature in question is his use of ‘legendary beginnings’ in setting out a given style, viz. the method of introducing a style of reasoning by recounting a popular and quasi-mythical narrative that ties the crystallisation of that style to a particular person in a particular (...) place and at a particular time. Whilst Hacking both deploys and discusses this method, his comments suggest that this is primarily a stylistic device employed for reasons of expedience. In contrast, it is argued here that recounting the legendary origins of a style of reasoning affords a distinctive way of vindicating that style, a vindication from within the style itself. (shrink)

In this paper, I explore what gives collective testimony its epistemic credentials, through a critical discussion of three competing accounts of the epistemology of collective testimony. According to the first view, collective testimony inherits its epistemic credentials from the beliefs the testimony expresses— where this can be seen either as the beliefs of all or some of the group’s members, or as the beliefs of group itself. The second view denies any necessary connection to belief, claiming instead that the epistemic (...) credentials of collective testimony derive from the reliability or truth-conduciveness of the statement that expresses the testimony. Finally, the third view claims that the epistemic credentials of collective testimony derive from the fact that it involves undertaking a collective commitment to trustworthiness, which makes the group susceptible to rebuke and blame if its testimony is not trustworthy. I argue that this last account holds the most promise for preserving what is distinctive about testimonial knowledge while still underwriting a robust epistemology of collective testimony. (shrink)

According Philip Pettit, suitably organised groups not only possess ‘minds of their own’ but can also ‘make up their minds’ and 'speak for themselves'--where these two capacities enable them to perform as conversable subjects or 'persons'. In this paper I critically examine Pettit's case for group personhood. My first step is to reconstruct his account, explaining first how he understands the two capacities he considers central to personhood – the capacity to ‘make up one’s mind’, and the capacity to ‘speak (...) for oneself’ – before showing how he thinks these can be manifested in groups. With Pettit’s account duly reconstructed, I then turn to criticism, arguing that Pettit’s construal of making up one’s mind does not do proper justice to our first-personal self-understanding, nor to our characteristic interpersonal forms of engagement. This leads me, finally, to consider an alternative construal of ‘making up one’s mind’ and ‘speaking for oneself’ that is associated with the work of Richard Moran and whichargue, could usefully be exteextended to groups. (shrink)

This chapter is an investigation into G. E. M. Anscombe's suggestion that there can be cases where belief takes a personal object, through an examination of the role that the activity of teaching plays in Anscombe's discussion. By contrasting various kinds of ‘teachers’ that feature in her discussion, it is argued that the best way of understanding the idea of believing someone personally is to situate the relevant encounter within the social, conversational framework of ‘engaged reasoning’. Key features of this (...) framework are highlighted, and are used to characterise the distinctive kind of teaching and learning germane to Anscombe's suggestion. (shrink)

Sometimes an individual gets taken as speaking for a wider group without laying claim to any such authority – they are thrust unwillingly, and sometimes even unknowingly, into the role of that grou...

Ratio, Volume 34, Issue 4, Page 334-344, December 2021.

(No abstract is available for this citation).

In this paper I critically discuss Miranda Fricker’s ‘trust-based’ view of collective testimony—that is, testimony that comes from a group speaker. At the heart of Fricker’s account is the idea that testimony involves an ‘interpersonal deal of trust’, to which the speaker contributes a commitment to ‘second-personal epistemic trustworthiness’. Appropriating Margaret Gilbert’s concept of joint commitment, Fricker suggests that groups too can make such commitments, and hence that they, like individuals, can ‘enter into the second-personal relations of trust that characterise (...) testimony’ (Fricker 2012: 272). I argue that this choice to appropriate Gilbert’s concept of joint commitment betrays a deep problem in Fricker’s account—a misconstrual of both the object and the subject(s) of the commitment a speaker makes in testifying. After developing this criticism, I outline an alternative way of construing the speaker’s commitment, which can be applied to both collective and individual testimony. (shrink)

According to Margaret Gilbert, two or more people collectively believe that p if and only if they are jointly committed to believe that p as a body. But the way she construes joint commitment in her account – as a commitment of and by the several parties to “doing something as a body” – encourages the thought that the phenomenon accounted for is not that of genuine belief. I explain why this concern arises and explore a different way of construing (...) joint commitment, in order to avoid the concern. This leads me to propose a revised Gilbertian account of collective belief, according to which two or more people collectively believe that p if and only if they are jointly committed to p as true. (shrink)

Article Title: ‘Being and Becoming in the Theory of Group Agency’This paper explores a bootstrapping puzzle which appears to afflict Philip Pettit’s theory of group agency. Pettit claims that the corporate persons recognised by his theory come about when a set of individuals ‘gets its act together’ by undertaking to reason at the collective level. But this is puzzling, because it is hard to see how the step such a collective must take to become a group agent – the collectivisation (...) of reason – can be taken without them already being an agent. I explore this puzzle by recounting Pettit’s account of the emergence of group agents. According to Pettit this process has two stages: a first stage in which a collective incurs the distinctive pressure exemplified by the Doctrinal Paradox, and a second in which the collective responds to that pressure by instituting decision-making mechanisms designed to secure collective rationality. After arguing that this second, response stage in Pettit’s account is not coherent, I conclude with the tentative suggestion that the personhood of groups should be seen as depending not only on the efforts of group members but also on the recognitive attitudes of other persons in a wider discursive community. (shrink)

Essential reading for students and scholars of philosophy of language and mind, Reading Brandom is also an excellent companion volume to Reading McDowell: On ...

Philosophical writing in the advocatorial mode aims to advance a given position by reasoned argument designed to rationally persuade anyone of its veracity. Philosophical writing in the confessional mode uses theoretical reasoning and critical rigour in the course of arriving at a specific kind of philosophical self-judgment with therapeutic intent. Here I suggest that the best way to read Samantha Vice’s paper (‘How Do I Live in This Strange Place?’) is to treat it as written in the confessional, and not (...) the advocatorial, mode, and that this way of reading the paper provides an alternate way of reflecting on some of the contentious claims Vice makes. (shrink)

The essays in this collection explore the idea that discursive norms--the norms governing our thought and talk--are profoundly social. Not only do these norms govern and structure of social interactions, but they are sustained by a variety of social and institutional structures. The chapters are divided into three thematic sections. The first offers historical perspectives on discursive norms, including a chapter by Robert Brandom on the way Hegel transformed Kant's normativist approach to representation by adding both a social and a (...) historicist dimension to it. Section II features four chapters that examine the sociality of normativity from within a broadly naturalistic framework. The third and final section focuses on linguistic phenomena such as online speech acts, oppressive speech, and assertions. The Social Institution of Discursive Norms will be of interest to scholars and advanced students working in philosophy of language, philosophy of mind, and social philosophy. (shrink)

I explore the possibility and rationality of interpersonal mechanisms of doxastic self-control, that is, ways in which individuals can make use of other people in order to get themselves to stick to their beliefs. I look, in particular, at two ways in which people can make interpersonal epistemic commitments, and thereby willingly undertake accountability to others, in order to get themselves to maintain their beliefs in the face of anticipated “epistemic temptations”. The first way is through the avowal of belief, (...) and the second is through the establishment of collective belief. I argue that both of these forms of interpersonal epistemic commitment can function as effective tools for doxastic self-control, and, moreover, that the control they facilitate should not be dismissed as irrational from an epistemic perspective. (shrink)

Anglophone philosophy in the last three decades has seen a growing interest in the way participation in human society—as characterized by our doing things that count as taking up and conferring norm-governed roles within institutions like language, the law, social custom, and education—is part of what explains our existence as rational (to whatever extent we are) animals. Using the label discursive norms to refer to the standards of evaluation that attend the exercise of rational thought and agency, this development in (...) philosophy can be understood as a growing interest over the the social institution of discursive norms. The essays in this volume present a sample—by no means representative—of the sorts of issues that arise when we ask and look to answer questions about the way our social lives constrain and support our lives as rational animals. (shrink)

Abstract The distinction between thick and thin concepts has been a central part of recent discussion in metaethics. Whilst there is a debate regarding how best to characterise the distinction, it is commonly accepted that ethical theorising traditionally focuses on the thin, leading some to contend that moving from considering thin to thick concepts leads to a very different, and preferable, conception of ethics. Not only does a similar distinction between thick and thin concepts suggest itself within epistemology, traditional discussion (...) within epistemology also seems to focus on the thin in a similar manner. The question of a possible parallel beckons: Is there a comparable distinction between thick and thin epistemic concepts? Would a move from thin to thick lead to an alternative and/or preferable epistemology? (shrink)

The essays in this collection explore the idea that discursive norms-the norms governing our thought and talk-are profoundly social. Not only do these norms govern and structure our social interactions, but they are sustained by a variety of social and institutional structures. The chapters are divided into three thematic sections. The first offers historical perspectives on discursive norms, including a chapter by Robert Brandom on the way Hegel transformed Kant's normativist approach to representation by adding both a social and a (...) historicist dimension to it. Section II features four chapters that examine the sociality of normativity from within a broadly naturalistic framework. The third and final section focuses on the social dimension of linguistic phenomena such as online speech acts, oppressive speech, and assertions. The Social Institution of Discursive Norms will be of interest to scholars and advanced students working in philosophy of language, philosophy of mind, and social philosophy. (shrink)

This edited volume examines the relationship between collective intentionality and inferential theories of meaning. The book consists of three main sections. The first part contains essays demonstrating how researchers working on inferentialism and collective intentionality can learn from one another. The essays in the second part examine the dimensions along which philosophical and empirical research on human reasoning and collective intentionality can benefit from more cross-pollination. The final part consists of essays that offer a closer examination of themes from inferentialism (...) and collective intentionality that arise in the work of Wilfrid Sellars. Groups, Norms, and Practices provides a template for continuing an interdisciplinary program in philosophy and the sciences that aims to deepen our understanding of human rationality, language use, and sociality. (shrink)

Since Austin’s introduction of the locutionary-illocutionary-perlocutionary distinction, it has been a matter of debate within speech act theory whether illocutionary acts like promising, warning, refusing and telling require audience ‘uptake’ in order to be performed. Philosophers on different sides of this debate have tried to support their positions by appealing to hypothetical scenarios, designed to elicit intuitive judgements about the role of uptake. However, philosophers’ intuitions appeared to remain deadlocked, while laypeople’s intuitions have not yet been probed. To begin rectifying (...) that, we ran two experiments probing lay intuitions about the implications of uptake failure. Overall, we found that participants’ responses were skewed towards agreement that speech acts were performed, despite the lack of uptake. There were, however, significant differences across the four different speech act types we investigated (with the highest levels of agreement found for refusing, followed by warning, then telling, and finally promising). We also obtained evidence of complex effects relating to the (high or low) stakes involved in the scenarios. While this study only represents an initial exploration of intuitions about uptake, our results form a basis for further research into their nature and significance, across a range of speech acts, scenarios, and experimental designs. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other (...) types of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author explores doctrinal hurdles facing plaintiffs alleging biotrespass. To overcome concerns about the metaphysicality of molecular biotrespass, the author draws analogies to “cybertrespass.” To confront the problem of suing patent licensors for the actions of (...) their licensees, the author makes reference to principles of landlord-tenant law. Well-established laws concerning wandering animals shed light on the policies underlying biotrespass. In the second part, the author examines such policies in further detail and considers the purpose of transporting property metaphors into bio/nanospace. The article concludes that biotrespass can be a viable cause of action, if crafted carefully and understood properly. (shrink)

This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes (...) major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism. (shrink)

When Bob Brandom, six years after publishing his opus magnum Making it explicit (hereafter MIE)1, produced his slender Articulating reasons2, many people expected that finally they would have a concise introduction to his philosophical views. Their expectations, however, were to be dashed: Articulating reasons is a heterogeneous collection of texts elaborating on some of the topics of MIE and hardly digestible without the background of MIE3. As yet, Brandom has produced nothing that could be taken as introductory. His subsequent books (...) are either collections of essays addressing topics contained in or connected with MIE (Tales of the mighty dead4, Reason in Philosophy5 or the not yet published Perspectives on Pragmatism6), or engaged with Brandom's new philosophical doctrine, viz. analytic pragmatism, which is the case of Between Saying and Doing7. The last one, of course, is not unrelated to MIE, but it emphasizes different aspects of the enterprise; hence it is unlikely to pave the way to MIE for a perplexed reader. Until recently I was convinced that no readable introduction to Brandom's views therefore existed. Now I see I was mistaken. Though I knew that there was a book devoted to Brandom, by Jeremy Wanderer, I suspected it was more of a scientific biography than an introduction to the inferentialism of MIE; but in fact it is precisely the book I was missing: a congenial and comprehensible introduction to the ideas of Brandom's MIE. Hurrah!, a book my students, desperately wrestling with MIE, can be referred to! (shrink)