This paper brings together two positions that for the most part have been developed and defended independently of one another: contextualism about knowledge attributions and the knowledge account of assertion.

Rae Langton and Jennifer Hornsby have argued that pornography might create a climate whereby a woman’s ability to refuse sex is literally silenced or removed. Their central argument is that a failure of ‘uptake’ of the woman’s intention means that the illocutionary speech act of refusal has not taken place. In this paper, I challenge the claims from the Austinian philosophy of language which feature in this argument. I argue that uptake is not in general required for illocution, nor is (...) it required for refusal in particular. I conclude with remarks on the relationship between illocutionary and perlocutionary speech-acts. (shrink)

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

This paper revisits some foundational questions concerning the abstract representation of a discourse context. The context of a conversation is represented by a body of information that is presumed to be shared by the participants in the conversation – the information that the speaker presupposes a point at which a speech act is interpreted. This notion is designed to represent both the information on which context-dependent speech acts depend, and the situation that speech acts are designed to affect, and so (...) to be a representation of context that is appropriate for explaining the interaction of context and the contents expressed in them. After reviewing the motivating ideas and the outlines of the apparatus, the paper responds to a criticism of the framework, and considers the way it can help to clarify some phenomena concerning pronouns with indefinite antecedents. (shrink)

This paper aims to identify the constitutive rule of assertion, conceived by analogy with the rules of a game. That assertion has such rules is by no means obvious; perhaps it is more like a natural phenomenon than it seems. One way to find out is by supposing that it has such rules, in order to see where the hypothesis leads and what it explains. That will be done here. The hypothesis is not perfectly clear, of course, but we have (...) at least a crude conception of constitutive rules, which we may refine as we elaborate the hypothesis. Although no attempt will be made here to define ‘rule’, some remarks on constitutive rules will focus the discussion. (shrink)

Recently attention has been paid to the epistemic requirements for proper assertion. The most popular account has been the knowledge account, that we can only properly assert what we know. Others have criticized the knowledge account and argued that the norm of assertion is truth, belief, or assertion of what it is reasonable to believe.

The knowledge account of assertion holds that it is improper to assert that p unless the speaker knows that p. This paper argues against the knowledge account of assertion; there is no general norm that the speaker must know what she asserts. I argue that there are cases in which it can be entirely proper to assert something that you do not know. In addition, it is possible to explain the cases that motivate the knowledge account by postulating a general (...) norm that assertions would be true, combined with conversational norms that govern all speech acts. A theory on which proper assertions must be true explains the data better than a theory on which proper assertions must be known to be true. (shrink)

This paper is a companion piece to my earlier paper “Fallibilism and Concessive Knowledge Attributions”. There are two intuitive charges against fallibilism. One is that it countenances the truth (and presumably acceptability) of utterances of sentences such as “I know that Bush is a Republican, though it might be that he is not a Republican”. The second is that it countenances the truth (and presumably acceptability) of utterances of sentences such as “I know that Bush is a Republican, even though (...) I’m not certain that he is”, or “I know that Bush it a Republican, even though it isn’t certain that he is.” In “Fallibilism and Concessive Knowledge Attributions”, I argue that fallibilism in epistemology does not countenance the truth of utterances of sentences such as “I know that Bush is a Republican, though it might be that he is not a Republican”. In this paper, I argue that there are independent reasons for thinking that utterances of sentences such as “I know that Bush is a Republican, though I’m not certain that he is” and “I know that Bush is a Republican, though it’s not certain that he is” are unassertible. More specifically, I argue that these are simply instances of Moore’s Paradox, such as “Dogs bark, but I don’t know that they do.” The right account of Moore’s Paradox does not involve the falsehood of the semantic content of the relevant utterances, but rather their pragmatic unacceptability. So the anti-fallibilist intuitions turn out to have pragmatic, rather than semantic import, and therefore do not tell against the truth of fallibilism. Fallibilism in epistemology is often thought to be theoretically desirable, but intuitively problematic. My purpose with these two papers is to show that fallibilism is not intuitively problematic. (shrink)

Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...) must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)

Rae Langton and Jennifer Hornsby argue that there may be a free-speech argument against pornography, if pornographic speech has the power to illocutionarily silence women: women's locution ‘No!’ that aims to refuse unwanted sex may misfire because pornography creates communicative conditions where the locution does not count as a refusal. Central to this is the view that women's speech lacks uptake, which is necessary for illocutionary acts like that of refusal. Alexander Bird has critiqued this view by arguing that uptake (...) is not necessary for the illocutionary act of refusal. The Hornsby-Langton view, then, is philosophically indefensible. Here I defend the philosophical cogency of the Hornsby-Langton approach. (shrink)

Pornography deserves special protections, it is often said, because it qualifies as speech. Therefore, no matter what we think of its content, we must afford it the protections that we extend to most speech, but don’t extend to other actions.1 In response, Jennifer Hornsby and Rae Langton have argued that the case is not so simple: one of the harms of pornography, they claim, is that it silences women’s speech, thereby preventing women from deriving from speech the very benefits that (...) warranted the special protections in the first place.2 At first glance, it is hard to see how to make sense of this response. If the claim is that pornography prevents women from actually uttering words, then it just seems false; on the other hand, if that isn’t the claim, then it isn’t clear how anyone can be said to be silenced. Faced with such worries, many have been inclined to dismiss these claims about silencing as confused. (shrink)

We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by ‘speech’, in the context ‘free speech’, is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.