In this very brief comment, I try to show that the "drowning case" posed by McGowan et al. is not a good challenge to Hornsby & Langton's account of silencing, despite the fact that I agree with them in that the systematicity condition is not clear at all in Hornsby & Langton's account.

On Pragmatics, Exercitive Speech Acts and Pornography Suppose that a suspect being questioned by the police says, "I think I'd better talk to a lawyer." Whether that suspect has invoked her right to an attorney depends on which particular speech act her utterance is. If she is merely thinking aloud about what she ought to do, then she has not invoked that right. If, on the other hand, she has thereby requested a lawyer, she has. Similarly, suppose that an unhappily (...) married man says "I want my wife dead." Whether he has thereby solicited his wife's murder depends on which particular speech act his utterance is. If he is merely describing his desires, he has committed no crime. If, by contrast, he has thereby hired an assassin, he has. As one can see, experts on speech acts have a lot to say about various issues in the law.I believe that expertise in speech act theory also illuminates various issues regarding free speech. In what follows, we consider how speech act theory may apply to certain arguments regarding the free speech status of pornography. In particular, we consider several speech act accounts of MacKinnon's claim that pornography subordinates women, but, before turning to such accounts, some background is offered. (shrink)

: Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. (...) I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist claims. I (...) also show that the erroneous verdictive is of more general interest. (shrink)

ABSTRACT This essay considers Mary Kate McGowan's contention that no account of hate speech is adequate if it does not explain how such speech constitutes harm to those targeted by it. ‘Constitutes’ is suppose dot mean something different than ‘causes.’ McGowan's suggestion that the speech enacts a norm offers an interesting dimension to our understanding of the harm of hate speech. But I argue that it is important to distinguish carefully between ‘norm-enactment’ and ‘norm-application’ in this model. Failure (...) to attend to that distinction blunts the force of the normative account. (shrink)

Just Words: On Speech and Hidden Harm, by McGowanMary Kate. Oxford: Oxford University Press, 2019. Pp. xi + 209.

Little work has focused on resilience amongst older adults, and few factors have been identified that promote their resilience. Kalisch et al. suggest that socioenvironmental factors are distant influences. We argue, however, that community and societal influences are as important as individual ones. Further, an ecological framework explains why some older adults are resilient whilst others are not.

Concerned to make certain a difference between the human and its machinic simulation, two films released at the start of the new millennium put the trope of the Oedipal at the heart of their action. In doing so, both succeed in establishing the real of the human within its terms. However, by taking the Oedipal as the figure of this difference, both films also unleash a set of possibilities for being human in the new millennium that may not have been (...) entirely expected. In a close reading of both Artificial Intelligence (Steven Spielberg, 2001) and I, Robot (Alex Proyas, 2004), this article examines the possibilities for human being as they come to circulate within the narrative structures of both films. In doing so it also examines the further difference drawn between what each film offers as the literal and metaphorical rendition of the Oedipal itself. With the metaphorical opened to the space and time of being excluded as a possibility in its literal rendition, the consequences of the subsequent process of becoming of the human are finally laid bare. (shrink)

BackgroundDecision-making in initiating life-sustaining health technology is complex and often conducted at time-critical junctures in clinical care. Many of these decisions have profound, often irreversible, consequences for the child and family, as well as potential benefits for functioning, health and quality of life. Yet little is known about what influences these decisions. A systematic review of reasoning identified the range of reasons clinicians give in the literature when initiating technology dependence in a child, and as a result helps determine the (...) range of influences on these decisions.MethodsMedline, EMBASE, CINAHL, PsychINFO, Web of Science, ASSIA and Global Health Library databases were searched to identify all reasons given for the initiation of technology dependence in a child. Each reason was coded as a broad and narrow reason type, and whether it supported or rejected technology dependence.Results53 relevant papers were retained from 1604 publications, containing 116 broad reason types and 383 narrow reason types. These were grouped into broad thematic categories: clinical factors, quality of life factors, moral imperatives and duty and personal values; and whether they supported, rejected or described the initiation of technology dependence. The majority were conceptual or discussion papers, less than a third were empirical studies. Most discussed neonates and focused on end-of-life care.ConclusionsThere is a lack of empirical studies on this topic, scant knowledge about the experience of older children and their families in particular; and little written on choices made outside ‘end-of-life’ care. This review provides a sound basis for empirical research into the important influences on a child’s potential technology dependence. (shrink)

This paper reports on the experiences of creative practice graduate researchers and academic staff as they seek to comply with the requirements of the Australian National Statement on the Ethical Conduct of Research Involving Humans. The research was conducted over a two-year period as part of a wider project ‘iDARE – Developing New Approaches to Ethics and Research Integrity Training through Challenges Presented by Creative Practice Research’. The research identified the appreciation of ethics that the participants acquired through their experience (...) of institutional research ethics procedures at their university. It also revealed a disjunction between the concepts of ethics acquired through meeting institutional research ethics requirements, the notion of ethics that many researchers adopt in their own professional creative practice and the contents of professional codes of conduct. A key finding of the research was that to prepare creative practice graduates for ethical decision-making in their professional lives, research ethics training in universities should be broadened to encompass a variety of contexts and enable researchers to develop skills in ethical know-how. (shrink)

Research involving recently deceased humans that are physiologically maintained following declaration of death by neurologic criteria—or ‘research involving the recently deceased’—can fill a translational research gap while reducing harm to animals and living human subjects. It also creates new challenges for honouring the donor’s legacy, respecting the rights of donor loved ones, resource allocation and public health. As this research model gains traction, new empirical ethics questions must be answered to preserve public trust in all forms of tissue donation and (...) in the practice of medicine while respecting the legacy of the deceased and the rights of donor loved ones. This article suggests several topics for immediate investigation to understand the attitudes and experiences of researchers, clinical collaborators, donor loved ones and the public to ensure research involving the recently deceased advances ethically. (shrink)

Despite recommendations from the Cartwright Report ethical review by health ethics committees has continued in New Zealand without health practitioners ever having to acknowledge their dual roles as health practitioners researching their own patients. On the other hand, universities explicitly identify doctor/research-patient relations as potentially raising conflict of role issues. This stems from the acknowledgement within the university sector itself that lecturer/research-student relations are fraught with such conflicts. Although similar unequal relationships are seen to exist between health researchers and their (...) patients, the patient/subjects are not afforded the levels of protection that are afforded student/subjects. In this paper we argue that the difference between universities and health research is a result of the failure of the Operational Standard Code for Ethics Committees to explicitly acknowledge the vulnerability of the patient and conflict of interests in the dual roles of health practitioner/researcher. We end the paper recommending the Ministry of Health consider the rewriting of the Operational Standard Code for Ethics Committees, in particular in the rewriting of section 26 of the Operational Standard Code for Ethics Committees. We also identify the value of comparative ethical review and suggest the New Zealand's Health Research Council's trilateral relationship with Australia's NHMRC (National Health and Medical Research Council) and Canada's CIHR (Canadian Institute of Health Research) as a useful starting point for such a process. (shrink)

Despite recommendations from the Cartwright Report ethical review by health ethics committees has continued in New Zealand without health practitioners ever having to acknowledge their dual roles as health practitioners researching their own patients. On the other hand, universities explicitly identify doctor/research-patient relations as potentially raising conflict of role issues. This stems from the acknowledgement within the university sector itself that lecturer/research-student relations are fraught with such conflicts. Although similar unequal relationships are seen to exist between health researchers and their (...) patients, the patient/subjects are not afforded the levels of protection that are afforded student/subjects. In this paper we argue that the difference between universities and health research is a result of the failure of the Operational Standard Code for Ethics Committees to explicitly acknowledge the vulnerability of the patient and conflict of interests in the dual roles of health practitioner/researcher. We end the paper recommending the Ministry of Health consider the rewriting of the Operational Standard Code for Ethics Committees, in particular in the rewriting of section 26 of the Operational Standard Code for Ethics Committees. We also identify the value of comparative ethical review and suggest the New Zealand's Health Research Council's trilateral relationship with Australia's NHMRC (National Health and Medical Research Council) and Canada's CIHR (Canadian Institute of Health Research) as a useful starting point for such a process. (shrink)

This is a unique, groundbreaking study in the history of philosophy, combining leading men and women philosophers across 2600 years of Western philosophy, covering key foundational topics, including epistemology, metaphysics, and ethics. Introductory essays, primary source readings, and commentaries comprise each chapter to offer a rich and accessible introduction to and evaluation of these vital philosophical contributions. A helpful appendix canvasses an extraordinary number of women philosophers throughout history for further discovery and study.

Two foundational ethicists of care, Nel Noddings and Eva Feder Kittay, limit the moral community of care to humans. Noddings claims that the reciprocity required for her care ethic cannot be universally present in human relationships with non-humans. Kittay advances that her care ethic requires the cared-for’s assent, or “taking up” of the care, in response to the carer’s actions, which she claims is impossible with non-human cared-fors. But these claims can be disputed. I offer a few examples to contend (...) that ethically meaningful reciprocity is possible in some human relationships with more-than-human entities and that some non-human cared-fors can assent to carers’ actions. Following from the work of Mary Anne Warren and others on moral personhood, “humans” and “persons” can refer to different things: biological organisms and a designation of moral status respectively. There can be persons that are not humans (e.g., legal persons like corporations and chimpanzees, and moral persons like whales and dolphins). Because the concerns of Noddings and Kittay can be addressed and there are non-human persons, I argue that we should reject the human restriction within care ethics. Humans have morally significant relationships with non-human persons and we need to open the realm of care ethics to legitimize and enhance these other relationships in our rich communities. (shrink)

Attempts to understand recent changes in the canon of American literature through the aid of psychoanalytic theory.

In recent work Mary Kate McGowan presents an account of oppressive speech inspired by David Lewis's analysis of conversational kinematics. Speech can effect identity-based oppression, she argues, by altering 'the conversational score', which is to say, roughly, that it can introduce presuppositions and expectations into a conversation, and thus determine what sort of subsequent conversational 'moves' are apt, correct, felicitous, etc., in a manner that oppresses members of a certain group (e.g. because the suppositions and expectations derogate or (...) demean members of that group). In keeping with the Lewisian picture, McGowan stresses the asymmetric pliability of conversational scores. She argues that it is easier to introduce (for example) sexist presuppositions and expectations into a conversation than it is to remove them. Responding to a sexist remark, she thus suggests, is like trying to "unring a bell". I begin by situating McGowan's work in the wider literature on speech and social hierarchy, and explaining how her account of oppressive speech improves upon the work of others in its explication of the relationship between individuals' verbal conduct and structurally oppressive social arrangements. I then propose an explanation and supportive elaboration of McGowan's claims about the asymmetric pliability of conversations involving identity-oppressive speech. Rather than regarding such asymmetry as a sui generis phenomenon, I show how we can understand it as a consequence of a more general asymmetry between making things salient and un-salient in speech, and I show how this asymmetry also operates in various cases that interested Lewis. (shrink)

Richard Lennan’s Tilling the Church treats ecclesial conflict, the possibility of change, and the tensions involved. He acknowledges the resistance to development within the Church’s structures. This resistance helps to explain the church’s distrust of women, which frustrates many Catholics. Cornell philosopher Kate Manne puts resistance to change in context by describing the social expectations of women, by showing that those who resist change feel entitled to do so, and by revealing how victimization is legitimated. “Tilling the church” is (...) an apt metaphor for transformation that does not sufficiently appreciate socially-mediated systems of privilege and vulnerability. (shrink)

A reprint of the Routledge edition of Medieval Political Theory, a Reader: The Quest for the Body Politic, 1100-1400. This anthology includes writings of both well-known theorists such as Thomas Aquinas and John of Salisbury as well as those lesser known, including Christine de Pisan and Marie de France, and will be of value to students of the history of political theory as well as those of medieval intellectual history.

ABSTRACT In ‘Just Words: On Speech and Hidden Harm: An Overview and an Application’, Mary Kate McGowan argues that some racist speech in public places should be made unlawful in the United States for the same reason that sexist behaviour in the workplace is already legally actionable—namely, to protect individuals from a hostile discriminatory environment. While McGowan may be correct that some public racist speech may constitute an act of discrimination in some morally significant sense, I present several (...) reasons for doubting that such speech constitutes a hostile discriminatory environment in the relevant legal sense. (shrink)

This paper builds upon Mary Kate McGowan’s analysis of the mechanisms of harm in conversations (McGowan 2004; 2009). McGowan describes how a speaker’s intervention might constitute harm by enacting what is permissible to do in the conversation thereafter. We expand McGowan’s analysis in two ways: first, we use her account to argue for the potential of interlocutor’s silence, not only speaker’s intervention, to enact harm; second, we introduce a new party into the picture: observers of the conversation. We (...) propose that not only interlocutors who contribute to harm through action, but also those who do so by omission are morally responsible for that harm. We focus on one aspect of conversations: introduction of presuppositions. We argue that when the presupposition is morally problematic (e.g., sexist, ableist, racist, homo-, trans- or xeno-phobic), interlocutors have a moral responsibility to block it. This responsibility comes in degrees, and, importantly, depends on whether the interlocutor’s speech capacity is diminished by the harmful presupposition (i.e. whether the interlocutor is being silenced). Unlike common approaches to harm in speech, which take the unit of analysis to be the speaker-interlocutor relationship, we take as unit of analysis the relationship between the pair speaker-interlocutor and an observer. Problematic presuppositions introduced in conversations can harm observers overhearing these conversations (as well society as a whole), and prevention of such harm motivates our proposal for attribution of responsibility to interlocutors. We proceed as follows. First we review the dynamics of presupposition introduction. Second, we briefly introduce McGowan’s analysis of conversational pragmatics, subscribing to her account that some conversational moves constitute a special type of harm related to oppression, and outline a taxonomy of the pathways through which harm can be inflicted upon observers and the society as a whole. In the third part we articulate our argument that in the cases of presupposition introduction considered here, interlocutors are not merely allowing harm, but actively doing it, and put forward our proposal for responsibility attribution. Finally, we address potential objections, and situate our proposal within a broader project to fight oppressive speech. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm (...) is misguided; that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

ABSTRACT This paper examines Mary Kate McGowan’s account of oppressive speech. McGowan argues that ordinary hateful speech can oppress by enacting discriminatory norms, and further, that this enactment sometimes renders the speech regulable under current United States law. In response, the paper raises two sets of questions. First, it asks about the contents of the norms enacted by a given hateful utterance, and specifically, about what determines those contents. Second, the paper also questions McGowan’s emphasis on the distinction (...) between causing harm and enacting (or constituting) harm. It argues that, contra that emphasis, this distinction doesn’t matter for the regulability of speech in McGowan’s central cases. (shrink)

A recurring concern within contemporary philosophy of language has been with the ways in which speakers can be illocutionarily silenced, i.e. hindered in their capacity to do things with words. Moving beyond the traditional conception of silencing as uptake failure, Mary Kate McGowan has recently claimed that silencing may also involve other forms of recognition failure. In this paper I first offer a supportive elaboration of McGowan’s claims by developing a social account of speech act performance, according to (...) which the success of an illocutionary act is not only a function of the intentions of and the conventions deployed by the speaker, but partly depends on how the act is recognized or taken up by the hearer. I then provide a comprehensive definition of illocutionary silencing and spell out what it means for it to occur in a systematic manner. (shrink)

The usual treatment of a dinner table utterance of ‘Can you pass the salt?’ is that it involves an indirect request to pass the salt as well as a direct question about the hearer’s ability to do so: an indirect speech act. These are held to involve two illocutionary forces and two illocutionary acts. Rod Bertolet has raised doubts about whether consideration of such examples warrants the postulation of indirect speech acts and illocutionary forces other than the literal ones. In (...) a recent article, Mary Kate McGowan, Shan Shan Tam, and Margaret Hall claim to show that these doubts are unfounded. The purpose of this paper is to show that they have not established this. (shrink)