In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators (...) in this area of international criminal law, the trial of media executives for the roles they played in the Rwandan genocide through public speech acts by media entities insulting an ethnic group or advocating violence against an ethnic group. Each of these men were institutional leaders and were charged with using their positions within Rwandan society to distribute what I call genocidal hate speech, genocidal incitement speech, and genocidal participation speech. I argue for a distinction between these three types of speech, and a difference in individual criminal liability for the dissemination of each type of speech. I also argue that there should be a difference in individual criminal liability for speech acts within the context of an ongoing or recent genocide, and speech acts that can be separated from a site of mass violence. (shrink)

O artigo discute como Nietzsche compreende a instituição da lei e da moral em distinção a Kant e à tradição cristã. Ele argumenta que Nietzsche é, em grande medida, inspirado pela mudança de paradigma em direção a um pensamento biológico evolutivo, introduzido por diversos de seus colegas ao final do século XIX, entre os quais F. A. Lange, que vê esta mudança como uma sóbria alternativa científico-materialista a Kant. Em Nietzsche, a imperativa moral kantiana é substituída pela noção de uma (...) moralidade emergente graças a processos civilizatórios históricos ou pré-históricos, impostos a um ser humano de mente débil sem quaisquer disposições racionais inerentes a obedecer à Lei. Ela também é um processo que, em vez de universalizar o ser humano, o cinde em uma dualidade, em que uma parte obedece a antigos e imediatos interesses próprios, e a outra parte obedece a novos 'comandos', que lhe foram gritados 'aos ouvidos' por um chamado 'comandante'. A obediência à lei conduz a duas formas radicalmente diferentes em Nietzsche: indivíduos servis e medíocres precisam ser expostos à disciplina e à punição, para adotar a Lei; enquanto os chamados indivíduos 'soberanos' são capazes de impor a lei a si mesmos. A figura do 'soberano' vem consequentemente sendo o motivo de vigoroso debate, especialmente quanto à tradição anglo-saxônica em pesquisa por Nietzsche, uma vez que seu aparente 'respeito pela lei' e 'senso de dever' reiteram típicas qualidades kantianas. Em relação a essas discussões, sugiro que o 'soberano' de Nietzsche (em um contexto) seja idêntico ao 'comandante' (em outros contextos). Quando o 'soberano', como tal, impõe a lei a si mesmo e aos demais, sua ação é convencional e arbitrária (como a linguagem em Saussure), e é mais irracional que racional, como em Kant. Sua vontade não é uma vontade boa, nem uma vontade racional, com visão para a autonomia humana. Seu comando de si mesmo e dos outros é performativo, portanto, sem valor de verdade (como atos ilocucionários de fala em Austin e Searle). The article discusses how Nietzsche understands the institution of law and morals in distinction to Kant and the Christian tradition. It argues that Nietzsche to a large extent is inspired by the paradigm-shift toward a evolutionary biological thinking introduced by several of his peers in the late 19th century, among else F. A. Lange, who sees this shift as a sobering scientific-materialistic alternative to Kant. In Nietzsche, the Kantian moral imperative is replaced with a notion of a morality emerging thanks to historical, or pre-historical, civilizational processes, imposed on a feebleminded human without any inherent rational dispositions to obey Law. It is also a process, which rather than universalizing the human, splits it in a duality where one part obeys old immediate self-interests and another part obeys new 'commands,' having been shouted 'into the ear' by a so-called 'commander.' The compliance with law takes two radically different forms in Nietzsche: servile and mediocre individuals need to be exposed to discipline and punishment in order to adopt Law; while so-called 'sovereign' individuals are able to impose law upon themselves. The figure of the 'sovereign' has consequently been an issue for vigorous debate in especially the Anglo-Saxon tradition of Nietzsche research, since his apparent 'respect for law' and 'sense of duty' reiterate typical Kantian qualities. Relating to these discussions, I suggest that Nietzsche's 'sovereign' (in one context) is identical his 'commander' (in other contexts). When the 'sovereign' as such imposes law upon himself and others, his act is conventional and arbitrary (like language in Saussure), and is rather irrational than rational as in Kant. His will is not a good will, nor a rational will with a vision of human autonomy. His command of himself and others is a performative, thus without truth-value (like illocutionary speech-acts in Austin and Searle). (shrink)

This book departs from the premise that context represents a complex relational configuration which can no longer be conceived as an analytic prime but rather requires a parts-whole perspective to capture its inherent dynamism. The edited volume presents a collection of papers which examine the connectedness between context, contextualization and entextualization. They address the questions how meaning and speech acts are situated in context, how both are influenced by context, how context influences speech acts and meaning, how context (...) is imported into the discourse, and how context is entextualized in discourse. The papers cover institutional and non-institutional contexts, the language of Greek laws, political discourse, confrontational media discourse and task-oriented face-to-face and back-to-back interactions. They reflect current moves in pragmatics and discourse analysis to cross disciplinary and methodological boundaries by integrating relevant premises and insights, in particular cognition, adaptive action, negotiation of meaning, sequentiality, recipient design and genre. (shrink)

This brings together five pieces written by Jacques Derrida as extended lectures. The most important theme is Derrida's redefinition of speech acts and the 'event' as a particular kind of performative. The effects of globalization and mechanization, along with arising issues, provide a second constellation of themes. The first four essays involve a specific act of speech: the lie, the excuse, perjury and profession. The last two essays continue Derrida's powerful series of meditations on professional and institutional questions. (...) The final essay, 'Psychoanalysis Searches the States of Its Soul', confronts the task facing psychoanalysis today: coming to terms in new ways with worldwide cruelty and accommodating itself to the modern juridical concepts of crime against humanity. The phrase 'without alibi' (alibi, of course, being another speech act) is used throughout the essay as a leitmotif indicating that the responsibility psychoanalysis has to respond to globalization cannot be evaded. (shrink)

In the context of African American enslavement and the legacy of that enslavement, do some uses of the word “nigger” possess the power to enslave? It goes without saying that the words “negro,” “nigger,” “colored,” and “black” are an important part of the language and discourse of African American enslavement—as terms used by slave owners, slave traders, slave catchers, and slaves themselves; as terms still used today by people living with the legacy of slavery; and as terms highlighted by academics (...) in explaining these events and various other aspects of the African American experience. However, the aim of this article is to explore the role of these words as instruments of racial enslavement within the USA—past and present. To be more precise, the article argues that in several different ways relating to bodies of law, enforcement of law (or lack thereof), and the scope of law, the words “negro,” “nigger,” “colored,” and “black” come to not simply mean “a slave” but actually to make African Americans slaves. (shrink)

The relationship between academic freedom and freedom of speech features prominently in public and political discussions concerning the role of universities in Western liberal democracies. Recently, these debates have attracted increased attention, owing in part to media framing of a ‘free speech crisis’, especially in UK and US universities. One type of response is to regulate academic expression through legislation, such as the UK’s 2023 Higher Education (Freedom of Speech) Act. This article offers a critical analysis of (...) the assumptions concerning the performativity of speech in this kind of legal intervention. It extends Judith Butler’s discussion of the concept of ‘harmful speech’ (Excitable speech: a politics of the performative, Routledge Classics, London, 1997) to conceptualize speech-acts as performative not only when it comes to populations, but also when it comes to institutions. Reconceptualizing universities as producing as well as being constituted by speech-acts, the article argues that the effects of free speech legislation need to be considered in the context of the transformation of universities and other political actors (including governments and student unions) in the second half of the twentieth and the beginning of the twenty-first century. It argues that legal enforcement of free speech at universities further obscures the distinction between negative and positive liberties identified by Isaiah Berlin (Two Concepts of Liberty, Oxford University Press, Oxford, 1958), and considers this shift as part of the reconfiguration of political ontology in late modernity. (shrink)

The act of criminalising conduct has been understood by many theorists as a form of communication. This paper proposes a model, based on speech-act theory, for understanding how that act of communication works. In particular, it focuses on analysing how and where wrongfulness can appear in this speech-act, if one were to argue, as many theorists do, that part of what is being communicated through criminalisation is the wrongfulness of the target conduct. I argue that the act of (...) criminalisation is best understood as an indirect speech-act, which both asserts and declares normative facts, the utterance of which makes it the case that a conduct is now criminalised. Within this speech-act, wrongfulness can appear as an implicit assertion of the wrongness of the conduct, which has to be inferred by hearers from the context of utterance. The paper then briefly discusses the upshots of this model, mainly that it allows a clearer picture of how criminalisation conveys meanings, as well as leaving open the question as to whether it makes sense to think that the wrongfulness being conveyed is specifically of a moral kind. (shrink)

This essay celebrates the fiftieth anniversary of Research in Phenomenology by reimagining or rethinking the speech act that would have launched or inaugurated the journal back in 1971. It does this by rereading Derrida’s signature text on speech act theory, “Signature Event Context,” a text first presented by Derrida in the very year of the journal’s founding. The essay takes Derrida’s theses regarding the speech act’s fundamental relationship to writing, absence, death, and testimony in order to reread (...) some of the first issues of Research in Phenomenology, including the memorial essays contained within them. The essay concludes by suggesting that Research in Phenomenology has done as much as any journal over the last half century to live up to the promise of that original speech act. (shrink)

What type of speech act is a norm of action, when the norm is agreed upon as the conclusion of an argumentative dialogue? My hypothesis is that, whenever a norm of action is the conclusion of an argument, it should be analyzed as the statement of a norm and thus as a verdictive speech act. If the context is appropriate, and the interlocutors are sincerely (or institutionally) committed to their argumentative exchange and its conclusion, then this verdictive motivates (...) and institutes a new one with the force of an exercitive. The interlocutors’ recognition and acceptance that the new illocution has been performed lends the norm its exercitive force. (shrink)

Understanding what it means to consent is of considerable importance since significant moral issues depend on how this act is defined. For instance, determining whether consent has occurred is the deciding factor in sexual assault cases; its proper occurrence is a necessary condition for federally funded human subject research. Even though most theorists recognize the legal and moral importance of consent, there is still little agreement concerning how consent should be defined, or whether different domains involving consent demand context-specific definitions. (...) Understanding what it means to consent is further complicated by the fact that current legal conceptions are not necessarily grounded in argument; they typically depend on appeals to authority and precedent. The purpose of this paper is to use speech act theory to provide a theoretically grounded conception of consent; such a conception can aid in the just resolution of legal and moral disputes that hinge on whether an act of consent occurred. (shrink)

Derrida à Montréal n'est pas le titre d'une pièce de théâtre, mais celui d'un essai qui suit, en trois actes, trois événements singuliers qui ont eu lieu à Montréal et auxquels Jacques Derrida a participé en 1971, en 1979 et en 1997. Au "Premier Acte", Michael Naas relit de près la première communication du philosophe, "Signature événement contexte", un texte qui prend très au sérieux - et les critique tout à la fois - la théorie des speech acts de (...) John L. Austin et les questions du contexte, de la présence, de l'écriture, de l'événement et de la signature qui lui sont liées. Au "Deuxième Acte", on retrouve Derrida traitant de ces mêmes questions, mais d'un point de vue politique où il s'intéresse aux "Déclarations d'Indépendance". Enfin, au "Troisième Acte", Derrida poursuit cette discussion ininterrompue qui se concentre, une fois de plus, sur ces mêmes aspects, mais à la lumière de la notion d'événement. C'est comme si Montréal avait chaque fois été la scène rêvée où Derrida avait pu explorer ces questions pour lui cruciales."--Page 4 de la couverture. (shrink)

In 1996 Jacques Derrida gave a lecture at the Museum of Modern Art in New York on the occasion of Antonin Artaud: Works on Paper, one of the first major international exhibitions to present the avant-garde dramatist and poet's paintings and drawings. Derrida's original title, "Artaud the Moma," is a characteristic play on words. It alludes to Artaud's calling himself Mômo, Marseilles slang for "fool," upon his return to Paris in 1946 after nine years in various asylums, while playing off (...) of the museum's nickname, MoMA. But the title was not deemed "presentable or decent," in Derrida's words, by the very institution that chose to exhibit Artaud's work. Instead, the lecture was advertised as "Jacques Derrida... will present a lecture about Artaud's drawings." For Derrida, what was at stake was what it meant for the museum to exhibit Artaud's drawings and for him to lecture on Artaud in that institutional context. Thinking over the performative force of Artaud's work and the relation between writing and drawing, Derrida addresses the multiplicity of Artaud's identities to confront the modernist museum's valorizing of originality. He channels Artaud's specter, speech, and struggle against representation to attempt to hold the museum accountable for trying to confine Artaud within its categories. Artaud the Moma, as lecture and text, reveals the challenge that Artaud posed to Derrida—and to art and its institutional history. A powerful interjection into the museum halls, this work is a crucial moment in Derrida's thought and an insightful, unsparing reading of a challenging writer and artist. (shrink)

Understanding what it means toconsent is of considerable importance sincesignificant moral issues depend on how this actis defined. For instance, determining whetherconsent has occurred is the deciding factor insexual assault cases; its proper occurrence isa necessary condition for federally fundedhuman subject research. Even though mosttheorists recognize the legal and moralimportance of consent, there is still littleagreement concerning how consent should bedefined, or whether different domains involvingconsent demand context-specific definitions.Understanding what it means to consent isfurther complicated by the fact that currentlegal (...) conceptions are not necessarily groundedin argument; they typically depend on appealsto authority and precedent. The purpose ofthis paper is to use speech act theory toprovide a theoretically grounded conception ofconsent; such a conception can aid in the justresolution of legal and moral disputes thathinge on whether an act of consent occurred. (shrink)

Class Acts examines two often neglected aspects of Jacques Derrida's work as a philosopher, his public presentations at lectures and conferences and his teaching, along with the question of the "speech act" that links them. What, Michael Naas asks, is one doing when one speaks in public in these ways? The book follows Derrida's itinerary with regard to speech act theory across three public lectures, from 1971 to 1997, all given, for reasons the book seeks to explain, in (...) Montreal. In these lectures, Derrida elaborated his critique of J. L. Austin and his own subsequent redefinition of speech act theory. The book then gives an overview of Derrida's teaching career and his famous "seminar" presentations, along with his own explicit reflections on pedagogy and educational institutions beginning in the mid-1970s. Naas then shows through a reading of three recently published seminars-on life death, theory and practice, and forgiveness-just how Derrida the teacher interrogated and deployed speech act theory in his seminars. Whether in a conference hall or a classroom, Naas demonstrates, Derrida was always interested in the way spoken or written words might do more than simply communicate some meaning or intent but might give rise to something like an event. Class Acts bears witness to the possibility of such events in Derrida's work as a pedagogue and a public intellectual. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"A Woman's Thought Runs Before Her Actions":Vows as Speech Acts in As You Like ItWilliam O. ScottAbout a decade ago Susanne Wofford discussed As You Like It from the viewpoint that Rosalind uses a "proxy," her guise as Ganymede, in uttering "the performative language necessary to accomplish deeds such as marriage." 1 Thus Wofford complicated and qualified the success-oriented assumptions about performative usage of language as envisioned in (...) Austin's speech-act theories. 2 Her starting point was that (as Austin himself said) these performative usages don't have the same kind of force if they are included in a play; and so she proposed to take Rosalind's uses of vows as playful, both theatrically and personally. Her notion of the proxy, which raises questions too about the binding force of the speech act through the identity and tactics of the speaker, is especially apt in describing exactly what Rosalind does. Understandably Rosalind's performative manqué may be a prelude to the perfected form. Another complication suggests itself if one is going to attend to niceties of language usage: given that for Austin a performative procedure is founded on conventions of language, shouldn't one also examine such linguistic forms historically? For this play the most relevant form to consider historically is the vow.The precise formulation of vows, in espousal or marriage (both legally enforceable in church courts), was very important in early-modern England. One may wonder, then, what the formal requirements of [End Page 528] vows were, how much the analysis of them resembled and diverged from modern speech-act philosophy, and how the vows functioned. And one might ask such questions both about this play and about real-life practice. A more exact notion of vows may enrich our notions of Rosalind's playfulness with them and broaden our sense of the uses and tactics of performatives; and to the extent that this playfulness contrasts with Rosalind's serious (re)iteration of vows at the end of the play, we should give due weight to Carol Neely's suggestion that much of the pleasure for early-modern audiences lay in the body of the play rather than its conclusion. 3The actual vows between lovers would indeed lend themselves to historicized analysis of the speech acts that constitute them. The early-modern ecclesiastical court judge Henry Swinburne made something like that in his Treatise of Spousals, with his section "By what Form of Words Spousals de futuro are contracted," and similarly on the form of words in "Spousals de praesenti." 4 The implied time of effectiveness in the commitment to marriage is crucial in church law of the time, because it determines whether the vows are, respectively, a betrothal that promises a future marriage, or a present binding (whether inside or outside church) that becomes an instant marriage upon carnal consummation. Both these declarations of commitment are performatives (once reciprocated), and they are normally established by social convention, what Swinburne calls "the Common use of Speech or Custom" (p. 83). Swinburne also concerns himself with what amount to the conditions of "felicity" that are requisite to make the speech valid—for instance, who is allowed to contract spousals (cp. Austin, pp. 14–24).Both of these issues of timing and eligibility are important to Rosalind in the pretense of wedding in Act 4, Scene 1. As it is for Swinburne, the context is important: when Celia as priest asks, "Will you, Orlando, have to wife this Rosalind?" his answer "I will" is not good enough for Rosalind until he adds at her direction, "I take thee, Rosalind, for wife." 5 Likewise Swinburne considers at length the arguments whether there is a distinction between "I will" and "I do," and whether the future-sounding verb refers only to the beginning of a process and not its completion (pp. 8–9, 57–61). Though in general he allows the distinction (so that "I will" makes a spousal and "I do" a marriage), one of his exceptions sounds like the question that Celia first puts: "The Man demanding of the Woman whether she will take him to her Husband, she answereth [I will... (shrink)

Anarchists and homosexuals have periodically occupied similar positions in relation to US laws and policies: both have functioned as the needed outside against which the proper inside of political order can be established and maintained. Both have blurred the relation of words to deeds, speaking words that are forbidden because the words themselves are seen as dangerous deeds. Examining the deportation case of anarchist John Turner in 1903 and the 1993 Pentagon ban on homosexuals serving openly in the military, and (...) utilizing the intellectual tools provided by Judith Butler in her analysis of speech acts, this article investigates the process of criminalizing an identity category as well as the political context from which that criminalization can be challenged. My goals are to make use of Butler’s arguments about insurrectionary speech to understand anarchism’s historical role in the American political imaginary, and to supplement Butler’s analysis with greater attention to the histories of anarchist struggle. (shrink)

Raoul Moati intervenes in the critical debate that divided two prominent philosophers in the mid-twentieth century. In the 1950s, the British philosopher J. L. Austin advanced a theory of speech acts, or the "performative," that Jacques Derrida and John R. Searle interpreted in fundamentally different ways. Their disagreement centered on the issue of intentionality, which Derrida understood phenomenologically and Searle read pragmatically. The controversy had profound implications for the development of contemporary philosophy, which, Moati argues, can profit greatly by (...) returning to this classic debate. In this book, Moati systematically replays the historical encounter between Austin, Derrida, and Searle and the disruption that caused the lasting break between Anglo-American language philosophy and continental traditions of phenomenology and its deconstruction. The key issue, Moati argues, is not whether "intentionality," a concept derived from Husserl's phenomenology, can or cannot be linked to Austin's speech-acts as defined in his groundbreaking _How to Do Things with Words_, but rather the emphasis Searle placed on the performativity and determined pragmatic values of Austin's speech-acts, whereas Derrida insisted on the trace of writing behind every act of speech and the iterability of signs in different contexts. (shrink)

Raoul Moati intervenes in the critical debate that divided two prominent philosophers in the mid-twentieth century. In the 1950s, the British philosopher J. L. Austin advanced a theory of speech acts, or the "performative," that Jacques Derrida and John R. Searle interpreted in fundamentally different ways. Their disagreement centered on the issue of intentionality, which Derrida understood phenomenologically and Searle read pragmatically. The controversy had profound implications for the development of contemporary philosophy, which, Moati argues, can profit greatly by (...) returning to this classic debate. In this book, Moati systematically replays the historical encounter between Austin, Derrida, and Searle and the disruption that caused the lasting break between Anglo-American language philosophy and continental traditions of phenomenology and its deconstruction. The key issue, Moati argues, is not whether "intentionality," a concept derived from Husserl's phenomenology, can or cannot be linked to Austin's speech-acts as defined in his groundbreaking _How to Do Things with Words_, but rather the emphasis Searle placed on the performativity and determined pragmatic values of Austin's speech-acts, whereas Derrida insisted on the trace of writing behind every act of speech and the iterability of signs in different contexts. (shrink)

Commentators agree that Derrida's criteria for an event were stringent: it had to be unique, unpredictable and unanticipatable; it must come as a surprise that defies all conceptualization, comprehension, appropriation. Can any historical occurrence pass such rigorous tests and be considered an event? The question now extends to whether Derrida's writings or life should constitute an event. This article traces Derrida's use of the word ‘event’ or ‘événement’ from ‘Signature Event Context’ and early readings of Nietzsche, Blanchot, and Benjamin through (...) his 2001 paper, ‘The Impossible Possibility of Saying the Event’. Analysis shows that where Derrida appears to concede the independent existence of past events this illusion is created linguistically by supplements, the future anterior tense, and speech acts. His unsuccessful attempt to exemplify ‘events’ that were distinguishable from merely ‘what happens’ assimilates them into the latter category, which he likened to ‘rain’, a banal, minimal catachresis of nothing. The implication is that what we call history resembles a Beckett-like condition of apparent insight that reverts, on reflection, to emptiness. (shrink)

I argue that Derrida's critique of speech act theory is largely unsustainable because of its reliance on a questionable and insufficiently explicatedconception of philosophy as negative metaphysics8 and its attendant misconception of scientific theory construction in general and speech act theory in particular.

Following the murder of George Floyd, the Black Lives Matter-movement (BLM) took to the streets to protest against institutional racism. In these protests, one could often hear the slogan “No Justice, No Peace”. Drawing on legal theory, speech act theory and phenomenology, this article investigates what kind of justice and peace are called upon and how the slogan functions as a claim addressed to the legal order. First, the article shows that the rule of law provides a comprehensive normative (...) framework to evaluate what went wrong during the arrest of George Floyd. Second, the article maintains that the slogan should be understood as a passionate utterance in the sense of Stanley Cavell. Finally, drawing on a responsive phenomenology of legal order inspired by the work of Bernhard Waldenfels, the article concludes that the slogan is an extraordinary claim questioning the legal order, showing its contingent origins. (shrink)

The French philosopher Jacques Derrida is most well known for instituting the school, or method, known as deconstruction, whereby one…interprets? No, critiques? No, challenges? Perhaps, changes? Maybe, performs? Certainly. Performs what? Justice? Was Derrida, then, a political philosopher, and deconstruction a political philosophy? Many readers of Derrida see what they call a political “turn” in his work near the end of the 1980s or early 1990s, when the content dealt with within that period and after was that of traditionally “political” (...) themes (justice, law, friendship, immigration, etc.). But what makes a work, or thinker, political? I will argue…. (shrink)

This paper argues for a reorientation of speech act theory towards an Austin-inspired conception of speech acts as context-changing social actions. After an overview of the role assigned to context by Austin, Searle, and other authors in pragmatics, it is argued that the context of a speech act should be considered as constructed as opposed to merely given, limited as opposed to extensible in any direction, and objective as opposed to cognitive. The compatibility of such claims with (...) each other is discussed. Finally, the context-changing role of speech acts is analyzed differentiating between the illocutionary and the perlocutionary dimension. (shrink)

Ignorant speech, which spreads falsehoods about people and policies, is pervasive in public discourse. A popular response to this problem recommends countering ignorant speech with more speech, rather than legal regulations. However, Mary Kate McGowan has influentially argued that this ‘counterspeech’ response is flawed, as it overlooks the asymmetric pliability of conversational norms: the phenomenon whereby some conversational norms are easier to enact than subsequently to reverse. After demonstrating that this conversational ‘stickiness’ is an even broader concern (...) for counterspeech than McGowan suggests—it applies not just to oppressive or hateful speech, but also to ordinary policy-related misinformation—I argue that a more sophisticated account of counterspeech can nevertheless overcome it. First, the stickiness objection overlooks the distinction between ‘negative’ and ‘positive’ counterspeech. Instead of directly negating a distorted proposition, positive counterspeech affirms a correct proposition that is inconsistent with the falsehoods at hand. This, I contend, allows it to counter ignorant speech without triggering the properties that render it sticky. Second, the stickiness objection presupposes an unrefined conception of counterspeech’s temporality. Counterspeech should be understood as a diachronic process, which not only follows, but also pre-empts, ignorant utterances. Drawing on speech-act theories of silencing, I argue that pre-emptive counterspeech can condition the conversational context so as to prevent subsequent ignorant utterances from enacting sticky conversational norms. Thus, this theoretically-refined conception of counterspeech helps appreciate how verbal responses might overcome the stickiness of conversational norms; and, in doing so, it reveals that this stickiness need not provide reasons to prefer legal remedies to counterspeech. (shrink)

This paper offers a comparative analysis of the uses and formulations of speech-act theory in Derrida's and Deleuze/Guattari's work. It begins by juxtaposing Derrida's concept/nonconcept of 'iterability' to Deleuze and Guattari's conception of the 'order-word' and then examines these theories of the speech act in terms of their implications and consequences for a politics of resistance. Whereas Deleuze and Guattari generate a detailed material stratum — an order-word plateau — for exploring the performative in socio-political contexts, Derrida attends (...) to the singular, wholly unique acts that occur when a repeatable formula such as a political declaration is uttered or otherwise takes place.The paper then concludes by drawing a tentative link between iterability and Deleuze and Guattari's notion of 'deterritorialisation' via the order-word plateau. (shrink)

This article explores the ideological origins of the American free-speech tradition. It analyzes the two principal categorizations of free speech in classical antiquity: isegoria, the right to voice one’s opinion, and parrhesia, the license to say what one pleases often through provocative discourse, thus grounding modern free-speech epistemology and jurisprudential philosophy in a sociohistorical context. Part 1 reviews the First Amendment corpus juris. A progression of incrementally absolute judicial holdings promotes parrhesia, highlighting democratic utility over individual self-actualization; (...) thus, Americans no longer view freedom of speech as an end ipso facto. While Athenian democracy recognized the need for provocative speech, certain institutional and social constraints, such as dokimasia, established standards of truth and accountability. Part 2 frames the historical developments of isegoria and parrhesia for modern analysis. The author begins by discussing isegoria’s principal aims, namely, promoting individual self-actualization and effective democratic governance. The European free-speech tradition, which views the individual as the locus of power, favors the former. The American tradition, which ‘depersonizes’ civil liberties such that the collective becomes the locus of control, favors the latter. Part 3 identifies the colonial developments in Anglo-American history that account for present-day U.S. free-speech permissiveness. It shows that the American preference for parrhesia-based absolutism was born from British imperialism and censorship. Part 4 suggests a need to reexamine free speech-understandings in the context of new-media proliferation and digital content regulation. The dominance of U.S.-based social media companies injects the American speech tradition into cultures with disparate free-speech philosophies and practices. (shrink)

The greatest intensity of “live” life is captured from as close as possible in order to be borne as far as possible away. Jacques Derrida. Echographies of Television . Rainer Ganahl has made a study of studying. As part of his extensive autobiographical art practice, he documents and presents many of the ambitious educational activities he undertakes. For example, he has been videotaping hundreds of hours of solitary study that show him struggling to learn Chinese, Arabic and a host of (...) other languages. The stacked boxes of tapes are then presented like minimalist monoliths, dense archives of effort. About fifteen years ago, Ganahl began photographing the lectures that he attends. At the time, he hadn’t seen anyone else doing it, so besides his spare selection of images of the speaker and the audience, much of the time the lectures would just pass into memory, undocumented, or recorded in writing alone. Since then, he has felt the transition to digital cause a significant shift in his process. At the same time, he has seen the habit become ubiquitous as others photograph, record, and videotape the lectures all around him. In keeping with the theme of this inaugural issue of continent. , can we propose each small grouping of photographs that result an isthmus stretching between two disparate bodies of mind? The first being the body of the lecture as spelled out in the title of each work – the experience of the event in all its constituent parts. The second is the body of the recipient, the listener, in this case an artist, who plays a minimal role just beyond the prescripted behavior of sitting and listening. He uses a gesture of documentation to draw a line between himself and the event, creating an artwork. Františka + Tim Gilman: As we mentioned before, the theme of the magazine for this issue is "isthmus." It seems like a very good way into your work, and it leads us to ask what connection you see between your photographs of the lecture and the lecture itself? Rainer Ganahl: The relationship is of course a concrete, pictorial one, or if you want a mimetic one but also an abstract one because the photographs carry the title of the lecture, the names of the lecturers, the site, the institution and the time of the lecture. Photos are fixed moments of time and can reproduce images displayed and reproduce visuals presented at a moment but they don’t come with time based recordings that video or sound takes are offering. What remains of a lecture is usually just the memory, some notes and all the announcements of it. In my case I end up with a visual product I declare as my artwork. It might not differ from any snapshot taken by any other student or member of the audience but I do this in a semi-systematic way with certain rules and procedures I have set up. While I am at a lecture I am mainly focusing on the lecture itself. Last night I went to one of Slavoj Žižek which demanded quite some concentration. I even was asking him a question at the end. I took photos as well but still didn’t lose track of the lecture. I didn’t walk around, I was not preoccupied by where I was sitting and what light I was having like some of the other photographing and filming people in the room who came and left, moved around and tried to capture him from this and that angle, from close and far. I just sat there and concentrated on the lecture and yet managed to take about 30 or so images of him, the public around me and of the film clips he presented. Once the lecture is over the story changes: it all becomes a question of the images, their selection, their visual qualities, their labeling and archiving. The function of the images also change: not only do they stand for an intellectual event in a row of lectures that become part of my intellectual history within many possible such histories but they also have to function as art, something not everybody else with images of lecturers demands of their images. This is my specific claim as an artist to impose them as artworks. And as with all artistic propositions the offer can be accepted or rejected. I basically spend my life trying to do exactly that: making what I declare as art, offering something to anybody interested in it as my art, an offer that is not and will never be accepted as such by all people. F+T: What are your criteria for selection, i.e. how do you choose which lectures to photograph, by lecturer, by topic, or do you photograph any and every lecture you can? RG: As everything in my life, I go by my interest which is the result of many factors. If I am aware of a lecturer, read his books or appreciate his works my interest of attending his much higher than if I am not aware of it. I usually don’t go to lecturers simply based on their subjects—something that can happen of course, if the subject, the title of the lecture is promising or at the heart of my interest. Sometimes I also wait for years to get a change to photograph certain people but I do that in a very low-level “keep your ears up” mentality and not in a systematic scanning of all channels and possibilities. I do not go into philosophy departments and photograph everybody teaching there. I go with the flow—and unfortunately a great deal of great talks I also miss because I hear too late of them. Often, I also stumble into them by traveling, by getting emails from friends and by simply being in the right spot at the right time. Somehow you could look at my lecture par cours as some kind of loose intellectual flâneurism . If you know of interesting lectures and events, please, let me know. F+T: Is your selection of images more of a production or post-production method? That is, do you take a lot of photos and select only a few images from each lecture, or do you take them very selectively? Do you have a particular methodology for the selection of images? RG: This all changed a bit with the arrival of digital photography. In the beginning I had to pay a lot of money for film developing. Hence, I was taking either one role - 36 images - or half a role - 13 images - depending on who talked and whether they projected images. With the unlimited capacity of digital imaging I easily end up between 30 and 150 images of one event still depending of whether images are presented or not. In the first years of that project when I wasn’t fully aware yet of what I was doing, I printed at least 2 images of any lecture and sometimes three or even four, a choice that was also constrained by costs. But again, since I have a web site and since images can easily be selected and presented on my web site without generating remarkable costs I have now more and more pain to reduce them to less than ten or eight images for an event. Now, before I have them printed which really is expensive, I can present them already as artwork on my web site without any immediate costs. Thus the economic factor is at the end of the chain which enables me to be more ‘generous’ and include more images. Over the last years I have been mostly selecting at least four photographs for a lecture unit but recently also as many as ten. But so far only one set above four images has been actually printed and sold. What might sound even more shocking is the likely fact that if a curator or a collector demands me to reduce the number of images due to costs, I might compromise at this current stage if the images have not been yet printed or published outside my own web site. This means that to a certain degree any selection that has only seen publication on my web site and not yet been produced runs the risk to change in numbers of images included. Needless to say, I am the last one that finally makes a decision and I do honor all given earlier decision if those were final. F+T: How do you feel the act of photographing the lecture affects your reception of the contents of the lecture? And your recollection afterwards, do you remember the lecture more having photographed it, or just having sat and listened? RG: As mentioned above, I get very little distraction from photographing since I can multitask well and do not obsess about the quality of the image: I photograph from where I am and listen with my ears and not my eyes. I am not sure whether the images serve as a mnemonic devise to the content of the lecture if there are no images involved but they at least remind me that the lecture existed, the title of the lecture and the name of the people and institutions involved. The titles of the hundreds of lectures I took during the past 15 years can also be read as an essay of theoretical life in that period. This will be come more and more visible as time passes by. These images age much better than I do. F+T: You mentioned at the outset of our discussions that you started this practice some time ago and have seen the practice of photographing lecturers become more commonplace. Why do you think that this shift has taken place? RG: The answer is very simple. Photographing is now free of any charge and hence omnipresent. You buy a phone or any other personal digital assistant and it has a camera integrated in it whether you want it or not. There is no need to develop images and there is no hassle to keep images, to distribute images, to organize images and save them. It is all virtual, not creating any costs and doesn’t require any efforts. You don’t spend twenty dollars for photo-developing anymore, you don’t need to walk anymore to your pharmacy or your photo shop to drop off and return to pick up and pay. You don’t need to go to the post office to send somebody a picture. You have a program like Photoshop already built into your camera. Photographing is now a thing for everybody—with functioning cameras made for two year olds. It is technically now nearly impossible to make bad images. The image quality is virtually guaranteed by cheap, high performing, mini-computers packed into miniscule cameras. With all these technological changes, we are undergoing now a cultural paradigm shift that includes permanent recording (not only still image taking) of everything. I wonder even whether babies are just born to be photographed—at least a process where the first photograph is right there. What is interesting now, is how the law is trying to catch up. I am experiencing and expecting more restrictions on photographing and recording—something already in place in many museums and in certain galleries—as the recording devices become more and more invisible and undetectable. It is an interesting cat and mouse play and will end up with some of us that are photographing the world around us in court. The world has become very transparent and everybody is contributing to it with social networking technologies—like twitter and Facebook—that are designed to monitor and communicate every step we make in our lives. F+T: Why did you start the practice? As a way to remember, or to capture the experience of the lecture and the environment there? RG: A couple of years earlier I started to photograph my own reading seminars as part of my art work with results that surprised me positively. I really liked these images of students and people discussing heavy non-fiction with me. The reading seminars justified this kind of pictorialism. Then in 1995 I had the chance to attend an entire seminar by Edward Said entitled “The Representation of Intellectuals at Columbia University,” which really gave me the idea to start this series. Why not also photograph these lectures I visit all the time since this really is a way of representing intellectuals? F+T: The constellation of images and the title seem like a kind of portrait, do you agree? If so, is it a portrait of the speaker, of yourself, or of the event? RG: Well, to follow up on the previous question the lectures are more than just portraits of lecturers since I include not only the speakers but also the audience, an audience that is not named or specifically highlighted as is the speaker. So if we stick with the metaphor of the portrait we would have to extend it also to the environment, the class room, the lecture hall, the arrangements of seats or benches, tables, lecture stands and other stuff typically seen on my images. Often the walls are decorated or even tagged with graffiti or posters and other stuff. There is a big difference between a small seminar room at the English Department of Columbia University, full with books and cabinets and a lecture room at a Paris or Frankfurt university that accommodates 50 to 150 people. We should, maybe, also distinguish between lectures that are one time events—mostly open to the public, free of charge or paid—and events that are weekly, closed to the public and held mostly in universities that can cost fortunes or be paid by the State as it is still predominantly the case in continental Europe. All this, of course, is not necessarily announced in the title of the lecture and is subject to information that isn’t visible on the images. To a certain degree we see also portraits of a general privilege when it comes to the public of certain institutions that are highly selective and extremely costly without forgetting that most of the lectures are dealing with theory, art, philosophy and other highbrow subjects. In general, I would say we see very little if we don’t know already what’s going on, who the lecturer, the institutions, the context are in which we subsequently can zoom into variants like sexual, racial, or age-related make-up without ignoring clothing fashions, hair styling, body mannerisms, gadgets and stuff. F+T: Do you see a relation between this body of work and your other work, for example your language studies? RG: Everything I do is “unfortunately” related. I say unfortunately because this makes my work not so easy to grasp. The relationship to the language studies is relatively clear since both are originally grounded in the domain of education and knowledge production. Nearly all my work comes across that nexus where knowledge and power are addressed. I was at one point wondering what the relationship was to some of my earlier indexical work where I was happy alone with footnotes from books painted on the walls: I came to understand that both are just different manifestations of knowledge and information. F+T: Do you foresee continuing the series indefinitely, or is there an end to it? RG: I think that I will continue this series indefinitely or to be more precise, as long as I go listen to lectures and want to learn something which brings me to your previous question: What do the reading seminars, language studies, historical research and lecture hopping have in common: I learn something. Further Reading Rainer Ganahl’s website William Kaizen. “ Vulgar Politics .” art&education . April 2009. Web. Smith, Roberta. “ Rainer Ganahl: ‘Language of Emigration & Pictures of Emigration .’” New York Times April 23 2010. Web. (shrink)

Developed from a one-day symposium at the University of Tilburg, this collection of papers explores the semiotic foundations of legislation as viewed from jurisprudential, institutional and sociological perspectives. They pose such questions as: the audience of legislation; the relations between legislative and judicial discourse; the contributions of speech act theory; the effectiveness of legislation and its meaning in non-legal discourse; and the creation of a supra-national form of constitutional discourse, that of Europe.

The truth-justification is an enduring explanation for valuing free speech. This paper seeks to advance an account of “assertion”, found in speech act theory, that can identify speech which contributes to truth-discovery in a nuanced way. I apply the dialectic theory of assertion which emphasises the language game of giving and asking for reasons to believe things as assertional social practice. In doing so, I consider what “moves” in this game make sense from a truth-discovery perspective, drawing (...) together contemporary and foundational work on assertion in linguistics to fit the normative context of law. Speech act theory is often invoked in current free speech literature to identify regulable speech, but less typically to identify speech that warrants legal protection. I contextualise my theory within this existing legal work and show how the model I advocate for applies across many formulations of the truth-justification to offer comprehensive explanatory and justificatory power. I also explore the potential appeal of alternative theories of assertion and explain why they are a poor fit in comparison to the dialectical account. (shrink)

520 "Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction (...) of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments. (shrink)

In the final chapter of Speech Matters, Seana Shiffrin argues that institutions have especially stringent duties to protect speech freedoms. In this article, I develop a few lines of criticism. First, I question whether Shiffrin’s framework of justified suspended contexts is appropriate for institutional settings. Second, I challenge the presumption that the knowledge-gathering function performed by police is necessarily compromised by insincere practices. Third, I criticize Shiffrin’s characterization of the university as involving a complete repudiation of enforced consensus, (...) and I express doubts about the close connection between education and democratic legitimation that Shiffrin endorses. Finally, I raise a problem with the book’s overall argument: even if one agrees that speech freedoms are necessary for moral development, they also may be threatening to moral development. The upshot is that the protection of speech should be modulated in order to account for the potential conflicts between sincerity and other valuable ends, rather than being oriented above all to sincerity. (shrink)

This paper deals with the connection between law and morality. Such a connection is relevant for political theory, since demonstrating that law necessarily implies a claim to justice would require fundamental rights to be considered the horizon of any legal system, instead of being considered as dependent on the axiological context of liberal democracies. The paper approaches the controversy starting from an overview of the work of the German philosopher Robert Alexy, in particular his attempt to establish an analytical link (...) between law and morality, and to this end considers law as a speech act with a claim to correctness. It then examines the critique put forward by Joseph Raz, that points out the lack of objectivity of this claim to correctness. In order to establish a moral foundation for law, the paper argues that it is necessary to take account of Karl-Otto Apel's attempt to establish the transcendental foundation of language, as well as of Habermas' critique of that attempt. In conclusion, it is argued that the debate about a possible link between law and morality sheds new light on contemporary debates on liberal justification in political theory. (shrink)

This paper offers a comparative analysis of the uses and formulations of speech-act theory in Derrida's and Deleuze/guattari's work. It begins by juxtaposing Derrida's concept/nonconcept of ‘iterability’ to Deleuze and Guattari's conception of the ‘order-word’ and then examines these theories of the speech act in terms of their implications and consequences for a politics of resistance. Whereas Deleuze and Guattari generate a detailed material stratum — an order-word plateau — for exploring the performative in socio-political contexts, Derrida attends (...) to the singular, wholly unique acts that occur when a repeatable formula such as a political declaration is uttered or otherwise takes place. The paper then concludes by drawing a tentative link between iterability and Deleuze and Guattari's notion of ‘deterritorialisation’ via the order-word plateau. (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)

The article proposes a comparison between certain aspects of Samuel Pufendorf's (1632-1694) conception of natural law and certain aspects of John Searle's social ontology. As in Pufendorf the entia moralia are superimposed on the entia physica, of which they constitute modes that ground systems of norms (natural or positive), so in Searle the institutional facts that are created by certain speech acts of the performative type are superimposed on the physical facts. The difference between Pufendorf and Searle is that (...) the latter understands all institutional facts as extrinsic to the physical facts (as a consequence of the peculiarity of their self-referentiality). For Pufendorf, on the other hand, moral modes are intrinsic to certain entia physica endowed with reason and will, whereas certain legal relations, like property, are extrinsic. (shrink)

Speech act theory seems to provide a promising avenue for the analysis of the functional organization of argument. The theory, however, might be taken to suggest that arguments are a homogenous class of speech act with a specifiable illocutionary force and a single set of felicity conditions. This suggestion confuses the analysis of the meaning of speech act verbs with the analysis of the pragmatic structure of actual language use. Suggesting that arguments are conveyed through a homogeneous (...) class of linguistic action overlooks the way in which the context of activity and the form of expression organize the argumentative functions performed in using language. An alternative speech act analysis would treat folk terminology as a heuristic entry point into the development of a technical analysis of the myriad argumentative functions and structures to be found in natural language use. This would lead to a thorough-going pragmatic analysis of the rational and functional design of speech acts in argumentation. (shrink)

More than half a century ago, the Supreme Court held that the free speech protection of the First Amendment is not limited to verbal communication, but also applies to such expressive conduct as saluting a flag or burning a flag. Even though the Supreme Court has decided a number of important cases involving expressive conduct, the Court has never announced any standards for distinguishing such conduct from conduct without communicative value. The aim of this paper is to examine which (...) conceptions of nonverbal expression underlie judicial decisions on expressive conduct, and to offer an account of expressive conduct grounded in contemporary semantic theory. The central hypothesis of this paper is that significance of expressive conduct can be explained by principles that explain important features of linguistic meaning. I propose an analysis of expressive conduct that takes the meaningfulness of conduct as a function of the action and its consequences in context. I develop a theory of expressive conduct whose underlying conception of expression is based on a number of ideas from speech act theory. These are Grice's account of nonnatural meaning, Austin's theory of illocutionary force, and Grice's work on conversational implicature. My analysis understands the meaningfulness of conduct in terms of its relational properties and relevant features of the context upon which illocutionary force, perlocutionary properties and implicature are predicated. The natural and conventional properties of types of conduct, features of the context, and underlying social and cultural presumptions and expectations about human conduct thus play a role in the constitution of symbolic speech. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Antigone, Interrupted by Bonnie HonigLorna HardwickBonnie Honig. Antigone, Interrupted. Cambridge: Cambridge University Press, 2013. xviii + 321 pp. Paper, $30.95.This is an important book for three main reasons. First, it offers a substantial contribution to current debates in the arts and humanities about whether and how new constructs of “humanism” can be attuned to transhistorical and transcultural experience, replace the discredited formulations associated with Western-dominated “universalism,” and maintain (...) and justify a role for human agency. Second, it addresses this aim by analysing the text of a Greek tragedy, Sophocles’ Antigone, both as a site for grounding the concepts and theories developed by intellectual historians and philosophers in the West and then as a laboratory for testing different approaches. The book will therefore be required reading for researchers and advanced students in a range of disciplines stretching from Classics to political science, as well as for those whose primary concern is the interdisciplinary “Big Picture” of the possibilities and limitations of human action and thought. Third, because inevitably there are significant problems involved with both aspects of Honig’s project, the ways in which she addresses these and the extent to which her arguments are convincing should make her book a launch-pad for further debate.Honig’s aims in the book are multiple and ambitious. In a 2013 interview for Open Democracy, she described the intellectual influences that shaped the development of the book. These include: French theorists’ use of the conceptual apparatus of fragility, change and unpredictability; Arendt’s vision of politics as “tumultuous and inaugural—always forming and reforming communities and reestablishing the importance of public life”; and the notion developed particularly in Derrida that speech acts are ruptural and extraordinary and sometimes take place in the abyss. Brought to bear on Sophocles’ Antigone, these approaches [End Page 158] lead Honig to read the play as centered around the politicisation of mourning and burial, representing a moment of crisis not just within the play but also in the wider Athenian context as probed by Thucydides in his presentation of the Epitaphios attributed to Pericles (Thuc. 2.34–46). Classicists and ancient historians will hardly find that perspective astonishing, but it provides Honig with the basis for the extension of the argument to the larger canvas of the re-examination of humanist angst and the desire to imagine through the lens of a classical text a humanism that is neither reductive nor pessimist nor a synonym for an imposition of “universal” as its defining characteristic. Her enterprise has implications for Classics as well as for the new humanism that she constructs.1 In some respects the book represents an intellectual journey for Honig herself, in which she moves from an initial sense that “in current contexts of inegalitarian, neo-liberal capitalisation and globalization, the reinterpretation of classical texts hardly seems the most pressing task” (9) to recognition of the play’s pivotal role in the notion of agonistic humanism (196).Honig’s opening chapter sets out the models of humanism that she seeks to overturn. She starts from the supposition that humanism is once again a topic of aspiration: “not the rationalist universalist variety discredited by post-structuralism and the horrific events of the twentieth century, but a newer variant” (17). She claims that one version of “new” humanism asserts that what is common to humans is not rationality but mortality, “not the capacity to reason but vulnerability to suffering.” Furthermore, she asserts that this privileging of finitude as a defining characteristic disempowers humans and marginalises political struggle. Because Greek tragedy has been foundational to attempts to seek solace in “redemptive moments” or the “transformation of suffering and loss into a story of human endurance” (206, n. 7, quoting Euben), the task of envisioning an alternative has to be commenced on the site of the ancient texts. And since Honig perceives Antigone as the representative text of “mortalist humanists” (25), that text has to be her laboratory (Part 1 of the book sets out the shift from Oedipus to Antigone as central texts for different types of humanism).2 Once Antigone is centre-stage, the concepts and practices of lament and... (shrink)

A barrier to entailment exists if you can't get conclusions of a certain kind from premises of another. One of the most famous barriers in philosophy is Hume's Law, which says that you can't get normative conclusions from descriptive premises, or in slogan form: you can't get an ought from an is. This barrier is highly controversial, and many famous counterexamples were proposed in the last century. But there are other barriers which function almost as philosophical platitudes: no Universal conclusions (...) from Particular premises, no Future conclusions from premises about the Past, and no claims that attribute Necessity from premises that merely tell us how things happen to be in the Actual world. Barriers to Entailment proposes a unified logical account of five barriers that have played important roles in philosophy, in the process showing how to diagnose proposed counterexamples and arguing that the case for Hume's Law is as strong as that for the platitudinous barriers. -/- The first two parts of the book employ techniques from formal logic, but present them in an accessible way, suitable for any reader with some background in first-order model theory (of the kind that might be taught in a first class in logic). Gillian Russell introduces tense, modal, indexical, and deontic formal logics, but always avoids unneeded complexity. Each barrier is connected to broader philosophical topics: universality, time, necessity, context-sensitivity, and normativity. Russell brings out under-recognised connections between the domains and lays the groundwork for further work at the intersections. -/- The last part of the book transposes the formal work to informal barrier theses in the philosophy of language, in the process doing new work on the concept of logical consequence, and providing new responses to proposed informal counterexamples to Hume's Law which employ hard-to-formalise tools from natural language, such as speech acts and thick normative expressions. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding ; some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts ' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', depending on second-tier empowerment. Discretion can be guided by (...) values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

In this paper we focus on the difficulty in judging what is called covert hate speech. We emphasize the need for a multidimensional framework when analysing covert hate speech in situ, and the need to consider the multifaceted dimension of such speech act to assess its performativity. To explain such need, we apply the test of the Rabat Plan of Action and adopt a pragmatic perspective to analyse a specific covert hate speech act, considering such (...) class='Hi'>speech act as both an expressive and potentially performative act. We focus on the prosecution of hate speech against a woman holding a poster during an anti-safe pass demonstration. Her poster inferred a link between conspiracy theory, the government strategy addressing the Covid pandemic and many other collectives, primarily the Jewish community. Our analysis of the sign adopts a radically context-dependent methodology combining a pragmatic approach and the Rabat Plan of Action test. We then contrast our analysis with the legal and media perspective on the issue. We conclude by suggesting the benefit of integrating pragmatic analysis with application of normative set of rules such as the Rabat Plan of Action test, even though the fluidity of meaning always poses a challenge to any authority tasked with judging such communicative events. (shrink)

The academic community in the West tends to be suspicious of Russian philosophy, often relegating it to another category, such as “ideology” or “social thought.” But what is philosophy? There is no simple universal definition, and many thinkers consider it impossible to formulate one. The most credible attempt is nominalistic: philosophy is the practice in which Plato and Aristotle were involved. As Alfred North Whitehead wrote, “The safest general characterization of the European philosophical tradition is that it consists of a (...) series of footnotes to Plato.”If so, then Russian thought needs to be understood as an important part of the Western philosophical heritage, given that it offers perhaps the most elaborate set of footnotes to Plato's most mature and comprehensive dialogues: the Republic and the Laws. The status of ideas in Russian philosophy mirrors Plato's vision of them as ontological and political entities, “laws,” or ideal principles—as distinct from mere epistemic units or tools of cognition. The Platonic tendency to integrate and implement religious, philosophical, and political teachings culminated in twentieth-century Russia. In the Soviet state, perhaps more than anywhere else in history, philosophy became a supreme legal and political institution, acquiring the power of a suprapersonal, universal reason. Hence thought itself, in the moment of its triumph, became a prisoner in the social structures that Soviet ideocracy erected on a philosophical foundation. In discussing Russian philosophy, we inevitably consider the practical application of Platonic conceptions by the Soviet ideocracy to a state in which philosophy was called upon to rule.According to Sergei Averintsev, the emphasis on Platonism in the Russian intellectual tradition is nothing to be proud of; it should rather be lamented and repented. Despite the obvious Platonic preferences of Russian thinkers (from Ivan Kireyevsky to Aleksei Losev), Averintsev asks whether even now we might be able to reorient the tradition toward Aristotle instead—toward a more secular, tolerant, and analytic philosophy of human nature. “If Plato is the first utopian,” Averintsev writes, “Aristotle is the first thinker to look the spirit of utopia right in the eye and overcome it.... Aristotle's technique of thought is more neutral toward religion than is Plato's ecstasy.” Characteristically, the name index to the Palgrave Handbook of Russian Thought contains almost twice as many mentions of Plato as of Aristotle.Each national tradition has its own “strange attractor,” as they say now in complexity theory. English empiricism, French rationalism, German Idealism, American pragmatism... However stereotypical these generalizations are, they help to clarify the nations’ distinctive contributions to philosophy. Where does Russia stand in this row? I think that Caryl Emerson is correct to pinpoint, among the most distinctive features of the Russian intellectual tradition, the striving for “wholeness” (tselostnost’). Many Russian thinkers seem to evade definitive and particular “isms,” preferring to find ways of complementing (and thus diluting) those that are on offer. Faced with the claims for rationalism, for example, the Russian response tends to be that true rationality is or should be coupled with fullness of feeling. The characteristic Russian “ism” is at best “holism,” at worst “totalitarianism,” and is usually directed against Western thought. Kireyevsky declares: There [in the West] is a bifurcation [razdvoenie] of the spirit, a bifurcation of thoughts, a bifurcation of the sciences, a bifurcation of the state, a bifurcation of estates, a bifurcation of society, a bifurcation of family rights and duties, a bifurcation of morality and the heart.... In Russia, on the contrary, there is a predominant tendency toward the wholeness of the inner and the outer, of public and moral being.Vladimir Solovyov held that the goal of all knowledge was to comprehend “total unity” and to overcome all kinds of unilateralism, which he referred to as “abstract elements” (otvlechennye nachala). These one-sided elements included Realism, rationalism, empiricism, and positivism, all of which had been advanced by Western philosophical movements.Reading the Handbook, I was struck by how steadily, from one thinker to another, the concept of “unity” is reiterated in various synonyms and contexts: “all-unity,” “wholeness,” “totality,” “integrity,” “edinstvo,” “tsel'nost,’” “tselostnost,” “sobornost,” and so forth. Russian thinkers endeavor not to create something original and special but to unify everything that has already been done and known. Consider opponents, like the Slavophiles and Westernizers; take Petr Chaadaev and Vissarion Belinsky, Kireyevsky and Alexander Herzen, Dostoevsky and Solovyov—all are united by this “super-idea,” proclaiming its embodiment to be the all-embracing vocation of the Russian people. At the same time, they sharply reject all “private principles” and “trashy certainty” (Belinsky's driannaia opredelennost’)—anything that restricts and divides individuals or nations. All these forms of privacy and particularity must be overcome on the way to a universal whole that is even greater in scale than Western Catholicism. According to this logic of totality, we would be better off left with nothing than to be content with the particular and the limited. The first original Russian thinker, Chaadaev (1794–1856), makes the salto mortale of declaring Russia a country that has given nothing to the world, then proclaiming that Russia's destiny is to rise above the rest of the world and resolve all its contradictions. From nothing to everything: such are the philosophical foundations for the totalitarian aspiration of Russian thought, which eventually expressed itself in the revolutionary movements and communist experiments of the twentieth century.As is well known, Russian literature is considered in the West a far more powerful and original expression of philosophical ideas than Russian philosophy as such. Characteristically, then, almost half of the Handbook, its entire second part, is devoted to the dialogue of Russian philosophy with literature and art. As M. N. Forster remarks in the Handbook's concluding essay: “It is natural to wonder why this striking asymmetry between relatively modest achievements in pure philosophy and spectacularly high achievements in literature came about.” To the literary focus of Russian philosophy, we can add a political focus. At least a third of part one of the Handbook is devoted to Russian political and revolutionary philosophy, to Lenin and other Marxists, to Ivan Ilyin, and so on. In this context, both literature and politics assumed philosophical dimensions, often overshadowing philosophy itself.Bertrand Russell lamented that the system of philosophical categories in the West featured mostly nouns (being, consciousness, idea, matter, substance, and so forth), omitting adjectives, verbs, prefixes, and other parts of speech. This criticism should be applied to the category philosophy itself. Why the noun philosophy rather than the adjective philosophical, which can be applied to many areas of activity and creativity, including literature and politics?In Russian intellectual history, the philosophical, rather than philosophy, is the predominant category. The state, ideology, economics, politics and geopolitics, literature, art, warfare, space exploration—all these spheres in Russia and the USSR have been and remain abundantly philosophical, subordinated to certain philosophical tasks, though philosophy as such has never been as developed and sophisticated as in the West. As a discipline, Western philosophy “outsourced” itself to Russian disciples, leaving it to Dostoevsky and Tolstoy, Lenin and Trotsky, to test in literary and political practices a host of Western philosophical ideas, from those of Plato, Rousseau, and Hegel to those of Feuerbach, Marx, and Nietzsche.Likewise, the verb to philosophize is used in ways unusual and awkward in the West. “It is characteristic of the Russian people to philosophize [filosofstvovat'],” as Nikolai Berdyaev observed: “An illiterate Russian peasant likes to pose questions of a philosophical nature—about the meaning of life, about God, about eternal life, about evil and untruth, about how to realize the Kingdom of God.” The philosophical and philosophizing, as attributes and actions of the state and society, overpowered philosophy as a noun—as an academic discipline, if you will. Russian philosophy has had a very modest impact on the West, but the impact of the philosophical has been immense. Nineteenth-century Russian literature influenced Western culture with its philosophical interrogations and existential dilemmas, just as, in the twentieth century, the USSR influenced the West with the philosophical ideas (Marxism, materialism, dialectics, collectivism, socialism, communism) that determined Soviet ideology, politics, and economics.In the USSR of the 1920 and 1930s, for instance, philosophy as an independent academic subject was in a subdued position, as a servant of party ideology. But, meanwhile, the sphere of the philosophical spread to such distant domains as theater (Stanislavsky), physiology (Pavlov), and agriculture (Michurin), with all such activities glorified and sponsored by the state as “philosophically correct”—as faithful to “materialism” and “Realism.” Paradoxically, in the quintessentially philosophical state that was the USSR, the state of philosophy, with the repression of all independent thought and thinkers, was miserable. The fateful and often disastrous originality of Russian philosophy consisted precisely in its dissemination to other areas, in an act of kenosis or self-transcendence that can be viewed both as an aggressive philosophical appropriation of politics, economics, ideology, and literature—and as philosophy's sacrificial devotion to the world beyond its professional boundaries.So there are three features that make Russian thought relevant and dangerous: its Platonic utopian aspiration; its spirit of totality; and its tendency to transcend the boundaries of academic philosophy and to philosophize society, politics, and life in general. Russian philosophy has not been as good at explaining the world as at changing it, sometimes ethically and poetically, sometimes violently and aggressively. Teachers and students of Russian culture should be deeply motivated to draw more attention to the philosophical in Russia and to raise its status in the Western academy. In my view, we would do better service to Russian philosophy if we are frank enough to qualify it as dangerous, sometimes very toxic and addictive, fraught with totalistic tendencies. This philosophy is the voice of the “underground,” both in the Dostoevskian and Leninist senses.At the same time, however, the antidotes concocted in the Russian metaphysical laboratory are of enormous value: the Russian versions of personalism, existentialism, secular and religious liberalism, neorationalism, culturology, conceptualism, and postmodernism. These movements, which counteract totalization, need to be studied precisely because they were cooked up and tested under the same extreme conditions in which the most dangerous intellectual poisons have been produced. (shrink)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients in (...) illocutionary acts. Are speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

In the last twenty years, recorded messages and written notes have become a significant test and an intriguing puzzle for the semantics of indexical expressions (see Smith 1989, Predelli 1996, 1998a,1998b, 2002, Corazza et al. 2002, Romdenh-Romluc 2002). In particular, the intention-based approach proposed by Stefano Predelli has proven to bear interesting relations to several major questions in philosophy of language. In a recent paper (Saul 2006), Jennifer Saul draws on the literature on indexicals and recorded messages in order to (...) criticize Rae Langton's claim that works of pornography can be understood as illocutionary acts – in particular acts of subordinating women or acts of silencing women. Saul argues that it does not make sense to understand works of pornography as speech acts, because only utterances in contexts can be speech acts. More precisely, works of pornography such as a film may be seen as recordings that can be used in many different contexts – exactly like a written note or an answering machine message. According to Saul, bringing contexts into the picture undermines Langton's radical thesis – which must be reformulated in much weaker terms. In this paper, I accept Saul's claim that only utterances in contexts can be speech acts, and that therefore only works of pornography in contexts may be seen as illocutionary acts of silencing women. I will, nonetheless, show that Saul's reformulation doesn't undermine Langton's thesis. To this aim, I will use the distinction Predelli proposes in order to account for the semantic behaviour of indexical expressions in recorded messages – namely the distinction between context of utterance and context of interpretation. (shrink)

Successful language use requires accurate intention recognition. However, sometimes this can be undermined because communication occurs within an interpersonal context. In this research, I used a relatively large set of speech acts (n = 32) and explored how variability in their inherent face‐threat influences the extent to which they are successfully recognized by a recipient, as well as the confidence of senders and receivers in their communicative success. Participants in two experiments either created text messages (senders) designed to perform (...) a specific speech act (e.g., agree) or interpreted those text messages (receivers) in terms of the specific speech act being performed. The speech acts were scaled in terms of their degree of face threat. In both experiments, speech acts that were more threatening were less likely to be correctly recognized than those that were less threatening. Additionally, the messages of the more threatening speech acts were longer and lower in clout than the less threatening speech acts. Senders displayed greater confidence in communicative success than receivers, but judgments of communicative success (for both senders and receivers) were unrelated to actual communicative success. The implications of these results for our understanding of actual communicative episodes are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Belief and Context Determinacy in Interpreting FictionChristine Richards (bio)1Context Determinacy and the Interpretation of FictionThe Pragmatics of ReadingThe basic pragmatic structure of the reading of fiction has been described as a communicative context which has a speaker who performs the speech acts represented by the text and a hearer (addressee) to whom the speech acts are directed [Adams 12]. This model is based on the assumption that (...) the reader and the writer share not only a common language but a common context, which clearly presents problems for readers of fiction, where generic conventions as well as other cultural conventions of writing, such as satire and irony, or the separation of writers and readers by time, have to be contended with. The code model, which assumes that the writer and the reader share a common context, can be represented as shown in figure 1. Click for larger view View full resolutionFigure 1.W = writer, S = speaker, H = hearer, R = reader.However, it has also been argued [Eco, Role of the Reader 40; Eco, Semiotics 69; Richards 262] that no theory of a text is possible without a theory of contexts, since texts are processed and given meaning by a synthesis of propositions in them with those which originate in readers’ supplied contexts; and since the contexts of readers consist, first and foremost, of their background knowledge, beliefs, and culture, which are fundamentally interrelated, interpretation is inevitably determined by extralinguistic as well as linguistic factors. The context model might be represented as shown in figure 2. Click for larger view View full resolutionFigure 2.W = writer, N = narrator, R = reader.[End Page 81]The Extralinguistic ContextA good example of the role played by extralinguistic contexts in the interpretation of a text is to be found in the multiple interpretations of the sentence “The red sun was pasted in the sky like a wafer,” from Stephen Crane’s The Red Badge of Courage [64]. Susan Horton, in her discussion of accounts of this sentence [10–14], shows both how R. W. Stallman interprets Crane’s antiwar fiction as a Christian allegory where the word “wafer” functions as a symbol of the Eucharist [130], and how Marston La France rejects Stallman’s interpretation on the basis that Crane is not a Christian, and certainly not a Catholic [99–100]. La France’s rejection of Stallman’s Christian context for atheism is rooted in his interpretation of the sun as a repeated image in the co-text, which he believes signifies nature’s indifference to death, war and heroism. Here the lexemes “pasted” and “wafer” become images of a seal at the end of a legal document, implying the finality of death in war. Milne Holton interprets the image of the sun as a characteristic of the symbolic imagination of the character Henry Fleming rather than of the writer (Crane) [90–91].Horton documents but does not theorize the determining features of these contexts, but this problem can be tackled by applying Marcello Pagnini’s theory of “the introjection of the referent” [9] to explain how the contextual semes of readers, determined by different cultural systems, are introjected into texts. Following Jurij M. Lotman’s typology of cultural systems [Lotman and Uspenskij], Pagnini cites as relevant systems ethics, ideology, history, philosophy, myth, the law, anthropology, politics, ethnicity, literature, aesthetics, psychology, rhetoric and symbolism [34], which represent fundamentally interrelated complexes of systems that make up societies. If Pagnini’s model is taken with that of Richards [267], which conceives of interpretation as a synthesis of propositional inferences in texts with those drawn from readers’ contexts, these two models provide a methodological basis for explaining how the contexts of Stallman’s and La France’s conflicting interpretations derive from philosophically opposed belief systems within culture—Christianity and atheism. These models also help to explain Holton’s interpretation as one located within a different philosophical context, that of the convention of character analysis in fiction, which during the last few decades has developed into the more theoretically sophisticated field of narratology. It should be stressed, however, that interpretations themselves always take place within historical and interactive frameworks, which are influenced... (shrink)

My intention is to demonstrate how Hobbes’ attempts to adapt two ancient institutions from Roman Law to his own time and knowledge of theology and philosophy. Treason could be quite significant within the context of Hobbes’ understanding of the figure of the sovereign and sovereignty. The central part of the text is an endeavor to ascertain the source and unconditional condition for treason as such, within the framework of Hobbes’ theory of representation which he writes about in Chapter 16 of (...) the Leviathan. The act or performance in which we could perhaps recognize a traitorous gesture could be found in the so-called paradox of representation. The “traitor” breaks the chain of the transfer of power and empowerment, thus stops representation, and puts an end to speaking in the name of the other. If it is possible to discover whether this is possible and whether speaking and acting in one’s own name always carries elements of treason, then we can conclude that differing forms of “direct” speech and action are “acts of treason.” In that case, what interests me is whether “treason” is found within the heart of representative democracy, and thus if it is de facto an integral part of a democratic order and society. (shrink)

I draw upon speech act theory to understand the speech acts appropriate to the multiple aims of scientific practice and the role of nonepistemic values in evaluating speech acts made relative to those aims. First, I look at work that distinguishes explaining from describing within scientific practices. I then argue speech act theory provides a framework to make sense of how explaining, describing, and other acts have different felicity conditions. Finally, I argue that if explaining aims (...) to convey understanding to particular audiences rather than describe literally across all contexts, then evaluating explanatory acts directed to the public or policymakers involves asking nonepistemic questions. (shrink)

This paper relates the implications of Derrida’s reading to the historical context of the passage into philosophy and metaphysics as explained in classical works like Havelock’s Preface to Plato (1952). The paper shows the specific ways Derrida used to deconstruct Palto’s text and how this connects with the historical context of the text itself, the inception of philosophy and metaphysics as we know it now. The first step Derrida takes is showing the importance of the myth element in the work’s (...) structure. One is his etymological analysis of the word “pharmakon” and its double meaning. The second mechanism is the structural laws of oppositions, such as speech/writing, good/evil, life/death, first/second, and original/copy. The paper concludes that Derrida’s reading of Plato is different from Havelock’s in being a form of “textual contextualizing.” Derrida is putting Phaedrus in the wider project of the passage into philosophy and into the dawn of Western metaphysics, but unlike Havelock, he is concerned with textual mechanisms rather than historical turns. Derrida’s reading indicates that Plato introduced metaphysics and philosophy not merely by making up terms and expounding notions but, more importantly, by a set of textual mechanisms that will live on with Western philosophy and thought. (shrink)