Article,

Free Speech and Illocution

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Legal Theory, 4 (1): 21-37 (March 1998)

Abstract

We argue that, in the context of discussions of free speech, speech must include illocution (in J.L. Austin's sense); and we explain why some feminist writers (e.g., C. MacKinnon) have been led to take the notion of silencing seriously. We rebut arguments of D. Jacobson (in Phil and Pub Aff 64) who held that a free speech argument against pornography is bound to fail. We indicate how our view of speech relates to understandings of the justification of free speech; and we show that, contrary to Jacobson's claims, J.S. Mill would endorse our own view that free speech includes free illocution.

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