A Partial Defense of Illocutionary Silencing

Catharine MacKinnon has pioneered a new brand of anti‐pornography argument. In particular, MacKinnon claims that pornography silences women in a way that violates their right to free speech. In what follows, we focus on a certain account of silencing put forward by Jennifer Hornsby and Rae Langton, and we defend that account against two important objections. The first objection contends that this account makes a crucial but false assumption about the necessary role of hearer recognition in successful speech acts. In response, we argue that, as silencing primarily concerns communication, Hornsby and Langton are perfectly correct to treat hearer recognition as they do. The second objection contends that their particular account of silencing has the unacceptable result of undermining the responsibility of rapists. We here argue that no such result follows from their account.     

On Silencing,Rape, and Responsibility

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.     

ILLOCUTION,SILENCING AND THE ACT OF REFUSAL

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.     

Sincerity Silencing

Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention. The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for the importance of a different type of silencing. As we shall see, there are compelling reasons in favor of regarding H&L silencing as a free speech violation and, as I argue here, the same can be said for sincerity silencing. Although additional work needs to be done to show that either one actually is a free speech violation, I demonstrate here that both types of silencing equally warrant this further attention. Moreover, I show that sincerity silencing is a fairly widespread phenomenon; so, therefore, is the harm it constitutes. As a result of these considerations, then, we can safely conclude that sincerity silencing also requires our attention.     

Performative Force,Convention, and Discursive Injustice

I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are entitled to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages.     

Illocutionary Silencing

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.     

At one with our actions,but at two with our bodies

Jennifer Hornsby's account of human action frees us from the temptation to think of the person who acts as ‘doing’ the events that are her actions, and thereby removes much of the allure of ‘agent causation’. But her account is spoiled by the claim that physical actions are ‘tryings’ that cause bodily movements. It would be better to think of physical actions and bodily movements as identical; but Hornsby refuses to do this, seemingly because she thinks that to do so would be to endorse the so–called ‘standard causal story’. But Hornsby misses a possibility here, for we can insist on this identity claim without endorsing the standard story if we embrace an account which parallels the disjunctive account in the philosophy of perception. This will leave us with a picture of physical action that saves the insights of Hornsby's account without succumbing to its distortions.     

How to Screw Things with Words

Since its influential rendering by Rae Langton in her 1993 paper, “Speech Acts and Unspeakable Acts,” the “silencing argument” against pornography has become the subject of a lively debate that continues to this day. My intention in this paper is not to join in the existing debate, but to give a critical overview of it. In its current form, I suggest, it is going nowhere (and has been en route for too long already). Yet the silencing argument, I believe, nevertheless contains an indispensable insight—and more radical potential than is usually acknowledged either by its defenders or its opponents. I argue that in order to preserve this insight and unleash its potential, we should begin by adopting the following motto: MacKinnon, not Austin!     

The linguistic interpretation of aphasic syndromes: Agrammatism in Broca's aphasia,an example

One of the most striking characteristics typical of the speech of Broca's aphasics is its agrammatism — the omission of ‘function’ words and inflectional morphemes. Agrammatism is generally viewed as being symptomatic of a syntactic deficit. We argue here that such an account lacks grammatical systematicity, and that the only uniform and systematic interpretation of this deficit is in terms of phonological structure. A natural class consisting of ‘function’ words and some bound morphemes can be defined with reference to the junctural properties of sentences which characterize phonological words. It is this class of elements which tend to be omitted in agrammatic speech. The goal of this paper is not only to provide an hypothesis for the interpretation of one aphasic syndrome, but also to test and illustrate the efficacy of paying close attention to substantive universals of grammatical structure in proposing accounts of linguistic deficits.     

The role of legal stigmatization in the enhancement of treatment goals for problem drinkers

Traditionally, labeling theory has neglected the active capacity of labeled individuals: the capacity to respond in several different ways to a stigmatizing label. Several writers have dealt with this issue, yet there is little data dealing with alternative responses to a stigmatizing label. This research tests the hypothesis that stigmatizing labels (in the form of legal intervention) can result in conventionalizing the problem drinker's behavior, and further tests two conditions deemed necessary before the hypothesis will be valid. The overall proposition—that stigmatizing labels can result in conventionalizing behavior—was supported by this research. The first condition—that the change agent responsible for the promotion of behavior change must be an ex‐practitioner of the relevant deviance and an identifiable role model for the client—was also supported. Finally, the second condition—that membership in the behavior‐changing group must be voluntary—was invalidated.     

Viciousness and the structure of reality

Given the centrality of arguments from vicious infinite regress to our philosophical reasoning, it is little wonder that they should also appear on the catalogue of arguments offered in defense of theses that pertain to the fundamental structure of reality. In particular, the metaphysical foundationalist will argue that, on pain of vicious infinite regress, there must be something fundamental. But why think that infinite regresses of grounds are vicious? I explore existing proposed accounts of viciousness cast in terms of contradictions, dependence, failed reductive theories and parsimony. I argue that no one of these accounts adequately captures the conditions under which an infinite regress—any infinite regress—is vicious as opposed to benign. In their place, I suggest an account of viciousness in terms of explanatory failure. If this account is correct, infinite grounding regresses are not necessarily vicious; and we must be much more careful employing such arguments to the conclusion that there has to be something fundamental.     

The Self and the Phenomenal

As is widely appreciated and easily demonstrated, the notion that we are essentially experiential (or conscious) beings has a good deal of appeal; what is less obvious, and more controversial, is whether it is possible to devise a viable account of the self along such lines within the confines of a broadly naturalistic metaphysical framework. There are many avenues to explore, but here I confine myself to outlining the case for one particular approach. I suggest that we should think of ourselves (or our essential cores) as being composed of experience‐producing systems, and that such systems belong to the same self when they have the capacity to contribute to unified streams of consciousness. The viability of this proposal rests in turn on a particular conception of the structure of consciousness, both at and over time; this conception is defended in the first part of the paper     

Intrinsicality without Naturalness

Rae Langton and David Lewis have proposed an account of "intrinsic property"that makes use of two notions: being independent of accompaniment and being natural. We find the appeal to the first of these promising; the second notion, however, we find mystifying. In this paper we argue that the appeal to naturalness is not acceptable and offer an alternative definition of intrinsicality. The alternative definition makes crucial use of a notion commonly used by philosophers, namely, the notion of one property being had in virtue of another property. We defend our account against three arguments for thinking that this "in virtue of"notion is unacceptable in this context. We also take a look at a variety of cases in which the definition might be applied and defend it against potential counterexamples. The upshot, we think, is a modest but adequate account of what we understand by "intrinsic property."     

Humanism and Embodiment: Remarks on Cause and Effect

I understand humanism to be the meta‐ethical view that there exist discoverable (nonmoral) truths about the human condition, that is, about what it means to be human. We might think that as long as I believe I am realizing my unique human potential, I cannot be reasonably contradicted. Yet when we consider systemic oppression, this is unlikely. Systemic oppression makes dehumanizing conditions and treatment seem reasonable. In this paper, I consider the nature of understanding—drawing in particular upon recent defenses of realism in the philosophy of science—and argue that humanism makes sense if we recognize more thoroughly the role of cause and effect in practical deliberation. By this I mean the cause‐and‐effect relation between mind and body and between minds, bodies, and the world. Three philosophical sources—Marxism, Buddhism and Christianity—show what this might mean, as I indicate in the second half of the paper.     

Dialogue and the limits of violence: some thoughts on responsible action

In this article I explore some of the limitations of violence, in particular focusing on how it can possibly be undermined by dialogical action. Firstly, I argue that, although violence is at times justified by some people, its disrespectful use against innocent others, makes it illegitimate and therefore un‐dialogical. Secondly, the use of violence is considered by some as circumstantial and restricted to the achievement of short‐term goals. However, I argue that such action would lead to more violence and therefore should at all times be abandoned and conditions be established which are more favourable for dialogical action. Thirdly, violence ought to be prevented through the practice of responsible (respectful) action—action which takes into account non‐instrumentality, impartiality and deliberation.     

Toward a Truly Social Epistemology: Babbage,the Division of Mental Labor,and the Possibility of Socially Distributed Warrant

In what follows, I appeal to Charles Babbage’s discussion of the division of mental labor to provide evidence that—at least with respect to the social acquisition, storage, retrieval, and transmission of knowledge—epistemologists have, for a broad range of phenomena of crucial importance to actual knowers in their epistemic practices in everyday life, failed adequately to appreciate the significance of socially distributed cognition. If the discussion here is successful, I will have demonstrated that a particular presumption widely held within the contemporary discussion of the epistemology of testimony—a presumption that I will term the personalist requirement—fails to account for those very practices of knowers that I detail here. I will then conclude by suggesting that an alternate account of testimonial warrant, one that has heretofore been underappreciated, ought to be given more serious consideration—in particular because it is well suited to account for those actual practices of knowers that the personalist requirement leaves unrecognized.     

Beyond the Tools of the Trade: Heidegger and the Intelligibility of Everyday Things

In everyday life, we constantly encounter and deal with useful things without pausing to inquire about the sources of their intelligibility. In Div. I of Being and Time, Heidegger undertakes just such an inquiry. According to a common reading of Heidegger's analysis, the intelligibility of our everyday encounters and dealings with useful things is ultimately constituted by practical self‐understandings (such as being a gardener, shoemaker, teacher, mother, musician, or philosopher). In this paper, I argue that while such practical self‐understandings may be sufficient to constitute the intelligibility of the tools and equipment specific to many practices, these “tools of the trade” are only a small portion of the things we encounter, use, and deal with on a daily basis. Practical self‐understandings cannot similarly account for the intelligibility of the more mundane things—like toothbrushes and sidewalks—used in everyday life. I consider whether an anonymous self‐understanding as “one,” “anyone,” or “no one in particular” —das Man—might play this intelligibility‐constituting role. In examining this possibility, another type of self‐understanding comes to light: cultural identities. I show that the cultural identities into which we are “thrown,” rather than practical identities or das Man, constitute the intelligibility of the abundance of mundane things that fill our everyday lives. Finally, I spell out how this finding bears on our understanding of Heidegger's notion of authenticity.     

Non‐competitor Conditions in the Scientific Realism Debate

A general insight of 20th‐century philosophy of science is that the acceptance of a scientific theory is grounded, not merely on a theory’s relation to data, but on its status as having no, or being superior to its, competitors. I explore the ways in which scientific realists might be thought to utilise this insight, have in fact utilised it, and can legitimately utilise it. In more detail, I point out that, barring a natural but mistaken characterisation of scientific realism, traditional realism has not utilised that insight regarding scientific theories, i.e., has not explicitly factored that insight into, and invoked it as justification for, what realists believe. Nonetheless, a new form of realism has. In response to a key historical threat, two of the most thoroughly developed contemporary versions of realism—one put forward by Jarrett Leplin, another by Stathis Psillos—are anchored on the sensible tactic of requiring that the theories to which realists commit themselves have no competitors. I argue, however, that the particular kind of non‐competitor condition they invoke is illegitimate in the context of the realism debate. I contend further that invoking a non‐competitor condition that is legitimate, sensible, and even, as it turns out, required in the context of the debate threatens to eliminate the possibility of scientific realism altogether.     

Reinflating the semantic approach

The semantic, or model‐theoretic, approach to theories has recently come under criticism on two fronts: (i) it is claimed that it cannot account for the wide diversity of models employed in scientific practice—a claim which has led some to propose a “deflationary” account of models; (ii) it is further contended that the sense of “model” used by the approach differs from that given in model theory. Our aim in the present work is to articulate a possible response to these claims, drawing on recent developments within the semantic approach itself. Thus, the first is answered by utilizing the notion of a “partial structure”, first introduced in this context by da Costa and French in 1990. The second claim is undermined by consideration of van Fraassen's understanding of “model” which corresponds well with that evinced by modem mathematicians. This latter discussion, in particular, has an impact on the continuing debate regarding the relative merits of the semantic and syntactic views and the developments presented here can be taken to provide further support to the former.