Sam Berstler

I give a new argument for the moral difference between lying and misleading. First, following David Lewis, I hold that conventions of truthfulness and trust fix the meanings of our language. These conventions generate fair play obligations. Thus, to fail to conform to the conventions of truthfulness and trust is unfair. Second, I argue that the liar, but not the misleader, fails to conform to truthfulness. So the liar, but not the misleader, does something unfair. This account entails that bald-faced lies are wrong, that we can lie nonlinguistically, and that linguistic innovation is morally significant.

In conversation, we often do not acknowledge what we jointly know to be true. My aim in this paper is to identify a distinctive kind of non-acknowledgment norm, open secrecy, and analyze how such norms constrain our speech. I argue that open secrecy norms are structurally different from other everyday non-acknowledgment norms. Open secrecy norms iterate: when p is an open secret, then there’s a norm not to acknowledge that p, and this norm is itself an open secret. The non-acknowledgment at issue in open secrecy norms, I argue, motivates a more complex understanding of discourse. When interlocutors are conforming to open secrecy norms, they rely on at least two disjoint common grounds, one of which has a privileged status. To understand why and how it is privileged, I develop Erving Goffman’s notion of defining a social interaction. Finally, I show how strategic speakers can exploit the structure of open secrecy in order to both communicate about the open secret and shield themselves from retaliation for what they communicate.

I provide an opinionated discussion of two recent volumes on the structure, ethics, and politics of bad conversations. In Just Words (2019), Mary Kate McGowan argues that despite our best intentions, we sometimes inadvertently bring oppressive norms to bear on our interactions. In Grandstanding (2020), Justin Tosi and Brandon Warmke argue that the human desire to cut a good moral figure before others systematically distorts moral discourse. Though their authors have different political outlooks, both books converge on a similar theme: conversational bad behavior isn’t always just morally obnoxious. It can be silencing.

This paper develops an analysis of non-epistemic deniability. On my analysis, a speaker has non-epistemic deniability for G-ing when non-acknowledgment social norms make it impermissible for others to retaliate against the speaker for G-ing. I identify two kinds of non-acknowledgment norms that generate non-epistemic deniability: two-tracking norms, which function to contain conflict within a group, and open secrecy norms, which function to inhibit the group from acting on shared knowledge. Narrowly, this paper builds on Alexander Dinges and Julia Zakkou’s recent landmark analysis of deniability. Dinges and Zakkou argue that non-epistemic deniability does not exist. I disagree. But I also use their account of epistemic deniability in order to motivate my own analysis of non-epistemic deniability. Broadly, my paper provides a case study in how speakers strategically leverage non-acknowledgment norms in order to protect their own interests at the expense of others’.

This paper develops an analysis of non-epistemic deniability. On my analysis, a speaker has non-epistemic deniability for G-ing when non-acknowledgment social norms make it impermissible for others to retaliate against the speaker for G-ing. I identify two kinds of non-acknowledgment norms that generate non-epistemic deniability: two-tracking norms, which function to contain conflict within a group, and open secrecy norms, which function to inhibit the group from acting on shared knowledge. Narrowly, this paper builds on Alexander Dinges and Julia Zakkou’s recent landmark analysis of deniability. Dinges and Zakkou argue that non-epistemic deniability does not exist. I disagree. But I also use their account of epistemic deniability in order to motivate my own analysis of non-epistemic deniability. Broadly, my paper provides a case study in how speakers strategically leverage non-acknowledgment norms in order to protect their own interests at the expense of others’.