”How not to do things with words: On conceptions of language and freedom of speech

Bidragets oversatte titel: Hvordan man ikke skal gøre noget med ord: Om sprogopfattelser og ytringsfrihed

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Abstract

J.S. Mill’s On Liberty often serves as a point of reference as his defense
constitutes a convincing argument for the advantages of freedom of speech.
However, there are some unsolved problems also. 1) He does not get law right,
and 2) he explicitly excludes the benefits of freedom of speech for “those backward
states of society in which the race itself may be considered as in its
nonage”. This approach suggests a connection between liberalism and racism,
but leaving that aside there is still an issue relating to the universality of any
conception of freedom of speech. 3) Mill assumes a discussion model for all
freedom of speech issues and he cannot cope with e. g. commercial or political
activities directed at influencing the opinions of others. 4) Mill presupposes a
notion of language as being nothing but forwarding of propositions. Mill’s view
fits nicely with the conception of freedom of speech e. g. in the French 1789
Declaration, Art. 11, but it is an insufficient, if not entirely misconceived understanding
of language. Thus, Gottlob Frege has pointed to the distinction
between reference and meaning (Sinn) and J.L. Austin has also pointed out
that we are always doing something while we speak. The interesting questions
are whether such improved understanding of language has any bearings on the
idea of freedom of speech and to what extent it may assist in drawing the
difficult line between protected freedom of speech and criminal actions – an
obviously important distinction which the French Declaration was unable to
handle.
Bidragets oversatte titelHvordan man ikke skal gøre noget med ord: Om sprogopfattelser og ytringsfrihed
OriginalsprogEngelsk
TidsskriftInternational Journal of Legal Discourse
Vol/bind1
Udgave nummer1
Sider (fra-til)49-63
ISSN2364-8821
DOI
StatusUdgivet - 2016

Emneord

  • conception of language
  • freedom of speech
  • John Stuart MIll
  • Judith Butler
  • Gottlob Frege
  • John L. Austin
  • meaning and reference
  • performative language
  • excitable speech
  • civilization

Citationsformater