ABSTRACT This article argues that Thomas Hobbes' analysis of insult or ‘contumely’ prefigures recent developments in moral and political philosophy in striking ways. Specifically, Hobbes's concerns about the dignitary harms in hate speech went well beyond ‘fighting words’ to the essential role played by expressions of hatred and contempt in making and unmaking social hierarchies. Hobbes’s sensitivity to contumely’s subtle power to constitute social in/equalities recalls recent work in feminist and critical race theory. Yet his expansive solutions – both negative (...) and positive, legal and ethical – also shed light on the difficulties faced by aspirationally egalitarian societies in their efforts to eradicate contempt today. (shrink)

While in agreement with Miranda Fricker’s context-sensitive approach to hermeneutical injustice, this paper argues that this contextualist approach has to be pluralized and rendered relational in more complex ways. In the first place, I argue that the normative assessment of social silences and the epistemic harms they generate cannot be properly carried out without a pluralistic analysis of the different interpretative communities and expressive practices that coexist in the social context in question. Social silences and hermeneutical gaps are misrepresented if (...) they are uniformly predicated of an entire social context, instead of being predicated of particular ways of inhabiting that context by particular people in relation to particular others. I contend that a more nuanced—polyphonic—contextualization offers a more adequate picture of what it means to break social silences and to repair the hermeneutical injustices associated with them. In the second place, I argue that the particular obligations with respect to hermeneutical justice that differently situated subjects and groups have are interactive and need to be determined relationally. That is, whether individuals and groups live up to their hermeneutical responsibilities has to be assessed by taking into account the forms of mutual positionality, relationality, and responsivity (or lack thereof) that these subjects and groups display with respect to one another. The central argument is developed through an examination of what in race theory and in contemporary epistemologies of ignorance has been termed “white ignorance”; that is, the kind of hermeneutical inability of privileged white subjects to recognize and make sense of their racial identities, experiences, and social positionality. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

In this paper, I argue that considerations of epistemic bubbles can give us reason to defend censorship of hate speech. Although censoring hate speech leads to epistemic bubbles (‘censorship bubbles’), they tend to be less epistemically problematic than epistemic bubbles generated by the circulation of hate speech (‘hate bubbles’). Because hate speech silences its target groups and creates the illusion that the dominant group identities are threatened, hate bubbles are likely more restrictive in structure than censorship bubbles and have a (...) stronger tendency to turn into echo chambers where opposing views are actively discredited. Therefore, I argue that censorship bubbles might be a minor price we ought to pay to avoid hate bubbles. Additionally, my analysis shows that we cannot focus exclusively on the content or the structure of epistemic bubbles, since their content can partly determine their structure, as is in the case of hate bubbles. (shrink)

According to a rich tradition in philosophy of action, intentional action requires practical knowledge: someone who acts intentionally knows what they are doing while they are doing it. Piñeros Glasscock argues that an anti-luminosity argument, of the sort developed in Williamson, can be readily adapted to provide a reductio of an epistemic condition on intentional action. This paper undertakes a rescue mission on behalf of an epistemic condition on intentional action. We formulate and defend a version of an epistemic condition (...) that is free from any luminosity commitments. While this version of an epistemic condition escapes reductio, it comes with substantive commitments of its own. In particular, we will see that it forces us to deny the existence of any essentially intentional actions. We go on to argue that this consequence should be embraced. On the resulting picture, intentional action is not luminous. But it still entails practical knowledge. (shrink)

This article argues that Thomas Hobbes' analysis of insult or ‘contumely’ prefigures recent developments in moral and political philosophy in striking ways. Specifically, Hobbes's concerns about the dignitary harms in hate speech went well beyond ‘fighting words’ to the essential role played by expressions of hatred and contempt in making and unmaking social hierarchies. Hobbes’s sensitivity to contumely’s subtle power to constitute social in/equalities recalls recent work in feminist and critical race theory. Yet his expansive solutions – both negative and (...) positive, legal and ethical – also shed light on the difficulties faced by aspirationally egalitarian societies in their efforts to eradicate contempt today. (shrink)

Theories of assertion must explain how silencing is possible. This chapter defends an account of assertion in terms of normative commitments on the grounds that it provides the most plausible analysis of how individuals might be silenced when attempting to make assertions. The chapter first offers an account of the nature of silencing and defends the view that it can occur even in contexts where speakers’ communicative intentions are understood by their audience. Second, it outlines some of the normative commitments (...) characteristic of assertion when used in the speech act of telling;. This commitment view of assertion is then used to explain silencing as a matter of being deprived of the ability to make some of the commitments one is trying to acquire. Finally, the main rivals of the commitment view of assertion endorsed here are shown to be unable to account for silencing, at least when they are considered in their purest form. (shrink)

I argue that silencing (the act of preventing someone from communicating, broadly construed) can be an act of both interpersonal and institutional violence. My argument has two main steps. First, I follow others in analyzing violence as violation of integrity and show that undermining someone’s capacities as a knower can be such a violation. Second, I argue that silencing someone can violate their epistemic capacities in that way. I conclude by exploring when silencing someone might be morally justifiable, even if (...) doing so is an act of violence. (shrink)

The ethical criticism of art has recently begun to address the subject of immoral artists, with two questions seeming to dominate discussion. How does moral misconduct on the part of artists affect their work’s aesthetic value? How should the art world respond to cases of artists who have been accused of morally outrageous behaviour? Such value and policy debates are important, but they leave aside a pressing question towards which this article proposes a reorientation: What is the possible impact of (...) an artist’s moral ill repute on how we understand the meaning of their work? I argue in this paper that an artist’s bad moral reputation can lead (i) to participatory resistance to an art work, as viewers abstain from a response to the work’s illocutionary force, (ii) to the isolation of the work from the ‘quality context’ that normally allows propositions expressed by the work to be taken as sincere, (iii) to the reinterpretation of the work’s propositional content against the background of new knowledge about the author, and (iv) to the perception of the work as a lie. To illustrate, I look at works by Chuck Close and Jan Fabre, contemporary artists whose reputation has been affected by a scandal. (shrink)

Miranda Fricker maintains that testimonial injustice is a matter of credibility deficit, not excess. In this article, I argue that this restricted characterization of testimonial injustice is too narrow. I introduce a type of identity-prejudicial credibility excess that harms its targets qua knowers and transmitters of knowledge. I show how positive stereotyping and prejudicially inflated credibility assessments contribute to the continued epistemic oppression of marginalized knowers. In particular, I examine harms such as typecasting, compulsory representation, and epistemic exploitation and consider (...) what hearers are obligated to do in response to these injustices. I argue that because epistemic harms to marginalized knowers also arise from prejudicially inflated assessments of their credibility, the virtue of testimonial justice must be revised to remedy them. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

From music recommendation to assessment of asylum applications, machine-learning algorithms play a fundamental role in our lives. Naturally, the rise of AI implementation strategies has brought to public attention the ethical risks involved. However, the dominant anti-discrimination discourse, too often preoccupied with identifying particular instances of harmful AIs, has yet to bring clearly into focus the more structural roots of AI-based injustice. This paper addresses the problem of AI-based injustice from a distinctively epistemic angle. More precisely, I argue that the (...) injustice generated by the implementation of AI machines in our societies is, in some paradigmatic cases, also a form of epistemic injustice. With a particular focus on AIs employed as gatekeepers of our epistemic resources, this paper shows how their epistemically conformist behaviour is responsible for the marginalisation and the ostracism of minoritarian perspectives. Because it clarifies key structural flaws and weaknesses of current AI design, this paper helps make headway in critical discussion of current AI technologies. And because it forges new theoretical tools to understand forms of epistemic oppression, this paper also contributes to the advancement of feminist theorisation. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

What is objectionable about “blacking up” or other comparable acts of imagining involving unethical attitudes? Can such imaginings be wrong, even if there are no harmful consequences and imaginers are not meant to apply these attitudes beyond the fiction? In this article, we argue that blackface—and imagining in general—can be ethically flawed in virtue of being oppressive, in virtue of either its content or what imaginers do with it, where both depend on how the imagined attitudes interact with the imagining’s (...) context. We explain and demonstrate this using speech act theory alongside a detailed case study of blackface. (shrink)

This is the editor’s introduction to the book symposium on Jason Stanley’s influential book "How Propaganda Words" (Oxford University Press, 2015). After a few brief remarks situating the book in the landscape of current analytic philosophy, I offer a detailed presentation of each chapter of the book, in order to familiarize the reader with its main tenets and with the author’s argumentative strategy. I flag the issues that the contributors to the symposium discuss, and describe their main points. I end (...) with expressing hope that the symposium will help continue the conversation around ideology and propaganda within analytic philosophy. (shrink)

It has become standard for feminist philosophers of language to analyze Catherine MacKinnon's claim in terms of speech act theory. Backed by the Austinian observation that speech can do things and the legal claim that pornography is speech, the claim is that the speech acts performed by means of pornography silence women. This turns upon the notion of illocutionary silencing, or disablement. In this paper I observe that the focus by feminist philosophers of language on the failure to achieve uptake (...) for illocutionary acts serves to group together different kinds of illocutionary silencing which function in very different ways. (shrink)

Posts on social media platforms like Twitter are sometimes the products of deceptively designed bots. These bots can cause obvious epistemic problems, such as tricking human users into believing the contents of misleading posts. However, less-considered epistemic problems involve false bot judgements where a human user mistakes another human user’s post for a bot-post, or where a human user mistakenly believes that bots are the primary vehicles for tokening certain content on social media. This paper takes up three questions concerning (...) false bot judgements: what exactly are their associated epistemic harms, just how harmful are they, and what should we do about them? (shrink)

In 2004, I explained the absurdity of Moore-paradoxical belief via the syllogism (Williams 2004): (1) All circumstances that justify me in believing that p are circumstances that tend to make me believe that p. (2) All circumstances that tend to make me believe that p are circumstances that justify me in believing that I believe that p. (3) All circumstances that justify me in believing that p are circumstances that justify me in believing that I believe that p. I then (...) took (3) to mean (EP) Whatever justifies me in believing that p justifies me in believing that I believe that p.1 Now suppose that I am justified in believing anything of the omissive Mooreparadoxical form: (Om) p and I do not believe that p. Then I am justified in believing the first conjunct. So by (EP) I am justified in believing that I believe that p. But since I am also justified in believing the second conjunct, I am justified in believing that I do not believe that p. I claimed that this is impossible, because anything that justifies me in believing that something is the case renders me unjustified in believing that it is not the case. This syllogism is plausible from an externalist view of justification, according to which circumstances such as seeming to see rain under normal perceptual conditions, justify me in believing that it is raining. In support of (1), if my apparent perceptions of rain are reliably connected with rain, so as to justify me in thinking that it is raining, they also tend to make me believe that it is raining. In support of (2), my apparent perceptions of rain are also reliably connected with my coming to believe that it is raining. However, Anthony Brueckner (2006) argues that (1) and (EP) are both false once justification is thought of evidentially. Against (EP), he claims that my evidence that p is not evidence that I believe that p unless I possess the evidence, in the sense that I believe it and were I to believe that p on its basis. (shrink)

When one communicates that they are in pain, it is often assumed that the speaker is providing an assertion or report. Call this the cognitivist stance of pain utterances. Nevertheless, many sentential pain utterances seem to have both assertive and imperatival communicative content in virtue of expressing both the speaker's pain belief and the pain experience, respectively. I call this view hybrid expressivism about pain. In this paper, I take the imperativist idea of pain seriously and show that, via an (...) expression relation, pain utterances inherit the imperative and motivational force of the pain. A hybrid expressivist stance better explains why pain utterances often have the perlocutionary effect of eliciting care from others, and it can provide a new understanding of what it means to silence one's pain. (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)

A key focus in many debates surrounding the harm in hate speech centres on the subordinating impact hate speech has on its victims. Under such a view, and provided there exists a requisite level of speaker authority a particular speech situation, hate speech can be conceived as something which directly impact’s the victim’s status, and can be contrasted to the view that such speech merely expresses hateful ideas. Missing from these conceptions, however, are the ways in which intersubjective, recognition-sensitive relations (...) influence the kind of harm likely to result from such an act. Understanding the central role of first-person experience is crucial, as, while a victim may have little influence in how their social status is impacted by such an act, the possibility for ‘speaking back’ requires that individuals are equipped with the conditions necessary to reject the authority claims of the speaker. On such a view, this paper aims to use this feature of intersubjectivity to explore the potential ways in which an act of hate speech can be ‘robbed’ of some of its harm by having its authority claims rejected by the victim. Utilizing this enhanced understanding, I reflect upon one particular real-world example of hate speech, in which the target rejects the status-undermining claims made upon her. In the last section, I propose a general institutional outlook aimed towards aiding would-be victims of hate speech to respond to such attempts at normative authority exertion. (shrink)

A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

It is widely held that free speech is a distinctive and privileged social kind. But what is free speech? In particular, is there any unified phenomenon that is both free speech and which is worthy of the special value traditionally attached to free speech? We argue that a descendent of the classic Millian justification of free speech is in fact a justification of a more general social condition; and, via an argument that 'free speech' names whatever natural social kind is (...) justified by the best arguments, that free speech is therefore this more general condition. This condition involves not merely the orthodox freedom (in some sense) of speakers to distribute words, but also two less frequently acknowledged dimensions of free speech: audience understanding and consideration. We conclude with some discussion of the policy implications of this conception of free speech. (shrink)

Silencing is usually explained in terms of conventionalism about the nature of speech acts. More recently, theorists have tried to develop intentionalist theories of the phenomenon. I argue, however, that if intentionalists are to accommodate the conventionalists' main insight, namely that silencing can be so extreme as to render certain types of speech act completely unavailable to victims, they must take two assumptions on board. First, it must be possible that speakers' communicative intentions are opaque to the speakers themselves. Secondly, (...) it needs to be assumed that structural oppression can have hidden psychological effects on its victims. Since both assumptions can be motivated independently, I argue that silencing can be fully understood without appealing to linguistic conventions. (shrink)

Jason Stanley’sHow Propaganda Worksroots the danger of undermining propaganda in an ideology based account of politics, treating individuals’ beliefs and social belief systems as the primary target and mechanism of undermining propaganda. In this paper I suggest a theoretical alternative to the role ideology plays in Stanley’s theory and theories like it, which I callpractice first. A practice first account instead treats public behavior as the primary target of propaganda, and analyzes undermining propaganda as altering the incentive structure that sets (...) the terms for public behavior. (shrink)

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

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...

Instances of epistemic injustice elicit resistance, anger, despair, frustration or cognate emotional responses from their victims. This sort of response to the epistemic injustices that accompanied historical systems of oppression such as colonialism, for example, is normal. However, if their victims have internalised these oppressive situations, we could get the counterintuitive response of appreciation. In this paper, I argue for the phenomenon of appreciative silencing to make sense of instances like this. This is a form of epistemic silencing that happens (...) when the accepted hegemonic intuitions of the oppressed are formed/influenced by the ideologies of the oppressors over time. Here, we have a resilient, oppressive and hegemonic epistemic system. Put together, it creates a variant of epistemic injustice and silencing that is obscure since its victims are neither resistant nor aware of the injustice they face but are appreciative. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 171-185, January 2022.

One potentially ethically relevant feature of an utterance is that utterance's influence on the likelihoods that our future discourses wind up with one Stalnakerian ‘common ground’ or body of shared information rather than another. Such likelihoods matter ethically, so the ways our utterances influence them can matter ethically, despite the fact that such influences are often unintended, and often hard to see. By offering a relatively neutral descriptive framework that can enhance our collective sensitivity to and discussion of ethically, socially, (...) and politically important features of language use, this paper contributes to the ethics of language use. It discusses ways in which utterances can influence the likelihoods of future common grounds by deploying one system of categorization rather than another, and argues that language’s effects on the evolution of discourse can affect the paths to and probabilities of different sorts of consensus. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...) to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Rae Langton and Jennifer Hornsby provide accounts of how pornography silences women by appealing to J.L. Austin's account of speech-acts. Since their accounts focus only on instances of silencing where the hearer does not grasp the type of speech-act the speaker intends to perform, their accounts of silencing do not generalize to explain silencing that arises from what Miranda Fricker calls “testimonial injustice.” I argue that silencing arising from testimonial injustice can only be explained by what we shall call the (...) dialectical account of assertion, according to which assertion is the undertaking of a commitment in reasoned discourse. In doing so, I show that accounts of assertion based on speakers' intentions, proposals to common ground, and constitutive norms do not provide the necessary framework to explain silencing within the context of testimonial injustice. Having shown the strength of the dialectical account in explaining silencing, I conclude that the dialectical account also provides a way to remedy some instances of silencing arising from testimonial injustice providing further evidence that the dialectical account is the correct account of assertion. (shrink)

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)

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

At a 1990 conference on freedom of expression Wayne Sumner presented a paper arguing that there were good reasons to grant Canada’s hate propaganda law constitutional protection under the Canadian Charter of Rights and Freedoms. Fourteen years on he has repudiated the same thesis at much greater length in this meticulously researched, beautifully written, and exhaustively argued book. The book was a finalist for the 2005 Donner Prize, a prestigious book prize for a non-fiction work on Canadian public policy. The (...) book is written in an easy and accessible style, despite presenting arguments of considerable sophistication. It is the first time a philosopher has been so honoured by the Donner judges, and Sumner richly deserves such an honour. The book is resolutely consequentialist in its argumentation. In fact, it represents the most sustained and articulate application of Mill’s so-called Harm Principle to issues of practical policy that we have seen for some time. The book is appropriately dedicated to H.L.A. Hart and Joel Feinberg. They would have been proud to be associated with it. (shrink)

Hornsby and Langton (H&L), put forward the idea of silencing as an “illocutionary disablement”. Appealing to Austin’s speech act theory, they situate silencing as opposite to speech act and argue that when there is silencing, people’s illocutionary act fails and their right to free speech is violated. -/- This paper presents a defence of H&L’s account of silencing, against objections raised by Ishani Maitra (2009). Maitra questions the model of illocutionary silencing by arguing that Austin’s illocutionary model is inaccurate and (...) vague hence, not useful for the discussions of silencing. -/- In response, I argue that Maitra’s understanding of the perlocutionary act is misguided and requires a critical examination. Maitra discusses the notion of the perlocutionary act as the goals that the speaker achieves by securing the uptake. I oppose such a view by arguing that securing the uptake does not ensure the performance of a perlocutionary act. (shrink)

A number of philosophers have become interested in the ways that individuals are subject to harm as the performers of illocutionary acts. This paper offers an account of the underlying structure of such harms: I argue that speakers are the subjects of illocutionary harm when there is interference in the entitlement structure of their linguistic activities. This interference comes in two forms: denial and incapacitation. In cases of denial, a speaker is prevented from achieving the outcomes to which they are (...) entitled by their speech. In cases of incapacitation, a speaker’s standing to expect certain outcomes is itself undermined. I also discuss how individual speakers are subject to interference along two dimensions: as exercisers of certain non-linguistic capacities, and as producers of meaningful speech. (shrink)

Catharine MacKinnon has claimed that pornography is the subordination of women. Rae Langton has defended the plausibility and coherence of this claim by drawing on speech act theory. I argue that considering the role of context in speech acts poses serious problems for Langton's defence of MacKinnon. Langton's account can be altered in order to accommodate the role of context. Once this is done, however, her defence of MacKinnon no longer looks so plausible. Finally, I argue that the speech act (...) approach (adapted to account for context) offers an appealing way to make sense of disagreements over pornography; but also that this will probably not be so appealing to most proponents of the speech acts approach. (shrink)

Deepfakes are a new form of synthetic media that broke upon the world in 2017. Bringing photoshopping to video, deepfakes replace people in existing videos with someone else’s likeness. Currently most of their reach is limited to pornography, and they are also used to discredit people. However, deepfake technology has many epistemic promises and perils, which concern how we fare as knowers. Our goal is to help set an agenda around these matters, to make sure this technology can help realize (...) epistemic rights and epistemic justice and unleash human creativity, rather than inflict epistemic wrongs of any sort. Our project is exploratory in nature, and we do not aim to offer conclusive answers at this early stage. There is a need to remain vigilant to make sure the downsides do not outweigh the upsides, and that will be a tall order. (shrink)

Deepfakes are algorithmically modified video and audio recordings that project one person’s appearance on to that of another, creating an apparent recording of an event that never took place. Many scholars and journalists have begun attending to the political risks of deepfake deception. Here we investigate other ways in which deepfakes have the potential to cause deeper harms than have been appreciated. First, we consider a form of objectification that occurs in deepfaked ‘frankenporn’ that digitally fuses the parts of different (...) women to create pliable characters incapable of giving consent to their depiction. Next, we develop the idea of ‘illocutionary wronging’, in which an individual is forced to engage in speech acts they would prefer to avoid in order to deny or correct the misleading evidence of a publicized deepfake. Finally, we consider the risk that deepfakes may facilitate campaigns of ‘panoptic gaslighting’, where many systematically altered recordings of a single person's life undermine their memory, eroding their sense of self and ability to engage with others. Taken together, these harms illustrate the roles that social epistemology and technological vulnerabilities play in human ethical life. (shrink)

In this paper, I explain the kinematics of non-ideal metalinguistic disagreement. This occurs when one speaker has greater control in the joint activity of pairing contents with words in a context. I argue that some forms of non-ideal metalinguistic disagreement are deeply worrying, namely those that involves certain power imbalances. In such cases, a speaker possesses illegitimate control in metalinguistic disagreement owing to the operation of identity prejudice. I call this metalinguistic injustice. The wrong involves restricting a speaker from participating (...) in the processes that determine the epistemic/linguistic resources of a conversation, and/or undermining a speaker's ability to affect metalinguistic outcomes. (shrink)

ABSTRACT This paper examines the question of whether recognition relations are based on trust. Theorists of recognition have acknowledged the ways in which recognition relations make us vulnerable to others but have largely neglected the underlying ‘webs of trust’ in which such relations are embedded. In this paper, I consider the ways in which the theories of recognition developed by Jürgen Habermas and Axel Honneth, not only point to our mutual vulnerability but also implicitly rely upon mutual relations of trust. (...) The paper first offers a novel examination of the relation between recognition, vulnerability and trust in Habermas’ account of communicative action with the aim of arguing that such a consideration helps to elucidate important features of recognition. My claim is that a consideration of the dynamics of recognition and vulnerability in language-use, leads to an acknowledgment of the forms of trust that not only underpin communicative action, but recognition more generally. I conclude by considering the elements that are underplayed in Habermas’ account by turning to an examination of Axel Honneth’s alternative affective theory of recognition, specifically considering the interrelation between vulnerability and recognition. In doing so, I also turn to a consideration of the kind of trust that must be assumed in Honneth’s account of mutual recognition and point to a recognitive notion of trust. (shrink)

This paper argues that underlying social biases are able to affect the processes underlying linguistic interpretation. The result is a series of harms systematically inflicted on marginalised speakers. It is also argued that the role of biases and stereotypes in interpretation complicates Miranda Fricker's proposed solution to epistemic injustice.

1. One of Aesop's fables tells of a speech act gone awry: A shepherd-boy, who watched a flock of sheep near a village, brought out the villagers three or four times by crying out, ‘Wolf! Wolf!’ and...