Rae Langton Silencing Argument

In this essay, I will examine whether silencing argument proposed by Rae Langton (1993) is sound. To analyse, first, I will explain silencing argument. I will also explain J. L. Austin’s speech act theory, since Langton relies on speech act theory to justify silencing argument. According to silencing argument, pornography silences women in Austin’s term, because it prevents women’s illocutionary acts. Therefore, works of pornography impinges women’s right of free speech. Second, I will point out that Langton misinterprets the meaning of illocutionary acts that Austin discusses. Although Langton (1993) argues that uptake is necessary that an illocutionary act is performed, this is an exaggerated interpretation of speech act theory. Langton misunderstands

Rae Langton (1993) offers a defence of MacKinnon’s claim in terms of speech acts. The main claim of Langton (1993) is divided into two: pornography is not the mere expression, but a speech act that subordinates women, and pornography which infringes women’s right of free speech silences them. However, for our purpose, I will only deal with the latter claim, i.e. silencing

(Ullén 2013: 325-6). Although Langton interprets that illocutionary acts are not performed when they fail, this is an exaggeration. Austin insists:

Unless a certain effect is achieved, the illocutionary act will not have been happily, successfully performed. This is to be distinguished from saying that the illocutionary act is the achieving of a certain effect. I cannot be said to have warned an audience unless it hears what I say and takes what I say in a certain sense. An effect must be achieved on the audience if the illocutionary act is to be carried out (1962: 115-6, my emphasis).

Certainly, Austin considers that when misfire occur, an illocutionary act does not successfully performed. However, this does not mean that an illocutionary act is not performed. Whilst Langton’s claim is correct that uptake is necessary for successfully illocutionary acts, she cannot conclude that uptake is necessary for illocutionary acts in general from Austin’s