
hi thank you okay so I want to take us out from the actual world into the ivory
out from the actual world into the ivory
out from the actual world into the ivory tower maybe it’ll be a little breathing
tower maybe it’ll be a little breathing
tower maybe it’ll be a little breathing space but then I want to take us back
space but then I want to take us back
space but then I want to take us back out from the ivory tower back into the
out from the ivory tower back into the
out from the ivory tower back into the real world so I’m gonna talk take the
real world so I’m gonna talk take the
real world so I’m gonna talk take the topic of today’s event very very
topic of today’s event very very
topic of today’s event very very seriously I want to talk to you
seriously I want to talk to you
seriously I want to talk to you literally about footnotes but I don’t
literally about footnotes but I don’t
literally about footnotes but I don’t want to just stop there
want to just stop there
want to just stop there my first thing I want to do is make you
my first thing I want to do is make you
my first thing I want to do is make you show you help you think that they’re
show you help you think that they’re
show you help you think that they’re really actually very interesting but I
really actually very interesting but I
really actually very interesting but I don’t want to stop there I want to show
don’t want to stop there I want to show
don’t want to stop there I want to show you that footnotes are something they
you that footnotes are something they
you that footnotes are something they perform functions in writing that
perform functions in writing that
perform functions in writing that actually we find being performed all the
actually we find being performed all the
actually we find being performed all the time and ordinary speech all over the
time and ordinary speech all over the
time and ordinary speech all over the place these are things that can be done
place these are things that can be done
place these are things that can be done for good and also for ill and I want to
for good and also for ill and I want to
for good and also for ill and I want to show you some techniques for fighting
show you some techniques for fighting
show you some techniques for fighting back for resisting when you think
back for resisting when you think
back for resisting when you think they’re being used in ways that are bad
they’re being used in ways that are bad
they’re being used in ways that are bad okay so first question why use footnotes
okay so first question why use footnotes
okay so first question why use footnotes right what are footnotes for and the
right what are footnotes for and the
right what are footnotes for and the first thing that comes to mind for most
first thing that comes to mind for most
first thing that comes to mind for most of us is citation right giving credit
of us is citation right giving credit
of us is citation right giving credit where credit is due is the kind of thing
where credit is due is the kind of thing
where credit is due is the kind of thing that summed up in this famous saying if
that summed up in this famous saying if
that summed up in this famous saying if I have seen further it’s by standing
I have seen further it’s by standing
I have seen further it’s by standing upon the shoulders of giants just a
upon the shoulders of giants just a
upon the shoulders of giants just a little interesting aside this is usually
little interesting aside this is usually
little interesting aside this is usually attributed to Sir Isaac Newton but
attributed to Sir Isaac Newton but
attributed to Sir Isaac Newton but actually apparently it was a aphorism
actually apparently it was a aphorism
actually apparently it was a aphorism that was in common usage throughout the
that was in common usage throughout the
that was in common usage throughout the 17th century and versions of it go back
17th century and versions of it go back
17th century and versions of it go back 2,000 years right so we have a case here
2,000 years right so we have a case here
2,000 years right so we have a case here of citation which is actually citation
of citation which is actually citation
of citation which is actually citation to something that’s kind of common and
to something that’s kind of common and
to something that’s kind of common and so that’s itself interesting so a
so that’s itself interesting so a
so that’s itself interesting so a citation is a way of handing out credit
citation is a way of handing out credit
citation is a way of handing out credit right giving credit is where it credit
right giving credit is where it credit
right giving credit is where it credit is due
is due
is due but it doesn’t just do that footnotes
but it doesn’t just do that footnotes
but it doesn’t just do that footnotes don’t just do that with with their
don’t just do that with with their
don’t just do that with with their citations they also accumulate Authority
citations they also accumulate Authority
citations they also accumulate Authority they bring authority to the subject to
they bring authority to the subject to
they bring authority to the subject to the author they say hey look at me I
the author they say hey look at me I
the author they say hey look at me I know who decide I know the right people
know who decide I know the right people
know who decide I know the right people to pay attention to that means I’m an
to pay attention to that means I’m an
to pay attention to that means I’m an authority you should listen to what I
authority you should listen to what I
authority you should listen to what I have to say sometimes of course this is
have to say sometimes of course this is
have to say sometimes of course this is a place where people can get kind of
a place where people can get kind of
a place where people can get kind of anxious Law Review articles are famous
anxious Law Review articles are famous
anxious Law Review articles are famous for this so the undisputed leader here
for this so the undisputed leader here
for this so the undisputed leader here is Arthur Jacobs who’s 1987 paper and
is Arthur Jacobs who’s 1987 paper and
is Arthur Jacobs who’s 1987 paper and analysis of section 16 of Securities
analysis of section 16 of Securities
analysis of section 16 of Securities Exchange Act of 1934 contains four
Exchange Act of 1934 contains four
Exchange Act of 1934 contains four hundred thousand eight hundred
hundred thousand eight hundred
hundred thousand eight hundred and 24 footnotes so a little bit out of
and 24 footnotes so a little bit out of
and 24 footnotes so a little bit out of control once you’ve established that you
control once you’ve established that you
control once you’ve established that you are in the cognoscenti right that you
are in the cognoscenti right that you
are in the cognoscenti right that you belong that you have the authority to
belong that you have the authority to
belong that you have the authority to speak by doing a lot of citation that
speak by doing a lot of citation that
speak by doing a lot of citation that then puts you in a position to use that
then puts you in a position to use that
then puts you in a position to use that in interesting kinds of ways right so
in interesting kinds of ways right so
in interesting kinds of ways right so one thing that people do is they give a
one thing that people do is they give a
one thing that people do is they give a shout out to somebody who’s not yet in
shout out to somebody who’s not yet in
shout out to somebody who’s not yet in the intellectual in-crowd but who could
the intellectual in-crowd but who could
the intellectual in-crowd but who could be and deserves to be and also of course
be and deserves to be and also of course
be and deserves to be and also of course puts you in a position to do less kind
puts you in a position to do less kind
puts you in a position to do less kind things with footnotes right so you can
things with footnotes right so you can
things with footnotes right so you can snub someone since you know who to be so
snub someone since you know who to be so
snub someone since you know who to be so being cited here if you haven’t cited
being cited here if you haven’t cited
being cited here if you haven’t cited somebody that shows that you don’t think
somebody that shows that you don’t think
somebody that shows that you don’t think they’re worth mentioning right not just
they’re worth mentioning right not just
they’re worth mentioning right not just that you don’t know about it so this is
that you don’t know about it so this is
that you don’t know about it so this is one reason that scholars pay such close
one reason that scholars pay such close
one reason that scholars pay such close attention to footnotes it’s because it’s
attention to footnotes it’s because it’s
attention to footnotes it’s because it’s actually just a version of the high
actually just a version of the high
actually just a version of the high school cafeteria who gets to say what so
school cafeteria who gets to say what so
school cafeteria who gets to say what so it’s not just that we’re interested in
it’s not just that we’re interested in
it’s not just that we’re interested in you know information okay so citation
you know information okay so citation
you know information okay so citation one really important thing that happens
one really important thing that happens
one really important thing that happens in footnotes another thing is
in footnotes another thing is
in footnotes another thing is supplementation right so providing
supplementation right so providing
supplementation right so providing additional information that supports the
additional information that supports the
additional information that supports the main text in certain kinds of ways
main text in certain kinds of ways
main text in certain kinds of ways sometimes as a matter of giving
sometimes as a matter of giving
sometimes as a matter of giving definitions sometimes it’s a matter of
definitions sometimes it’s a matter of
definitions sometimes it’s a matter of providing additional data or evidence
providing additional data or evidence
providing additional data or evidence sometimes it’s a matter of providing
sometimes it’s a matter of providing
sometimes it’s a matter of providing just an anecdote maybe something that’s
just an anecdote maybe something that’s
just an anecdote maybe something that’s amusing or amplify something in the main
amusing or amplify something in the main
amusing or amplify something in the main text so here is an example pea and fir
text so here is an example pea and fir
text so here is an example pea and fir Bank in his famous biography of
Bank in his famous biography of
Bank in his famous biography of ianforster the officer of Passage to
ianforster the officer of Passage to
ianforster the officer of Passage to India and room with a view bunch of
India and room with a view bunch of
India and room with a view bunch of other books the main text says
other books the main text says
other books the main text says ianforster took his mother and her
ianforster took his mother and her
ianforster took his mother and her friend Cecilia MA
friend Cecilia MA
friend Cecilia MA to Florence in 1903 footnote cilium ah a
to Florence in 1903 footnote cilium ah a
to Florence in 1903 footnote cilium ah a friend from Tunbridge days she was an
friend from Tunbridge days she was an
friend from Tunbridge days she was an enormous leap tall woman who published
enormous leap tall woman who published
enormous leap tall woman who published waltzes and her maiden name is Cecilia
waltzes and her maiden name is Cecilia
waltzes and her maiden name is Cecilia friend her husband Inman struck by
friend her husband Inman struck by
friend her husband Inman struck by lightning in Australia no real extra
lightning in Australia no real extra
lightning in Australia no real extra point it’s just cool it’s just
point it’s just cool it’s just
point it’s just cool it’s just interesting it’s just you know sort of
interesting it’s just you know sort of
interesting it’s just you know sort of amusing okay
amusing okay
amusing okay so sometimes in addition to providing
so sometimes in addition to providing
so sometimes in addition to providing supplementary information footnotes
supplementary information footnotes
supplementary information footnotes provide a kind of commentary or
provide a kind of commentary or
provide a kind of commentary or evaluation that goes beyond what’s in
evaluation that goes beyond what’s in
evaluation that goes beyond what’s in the main text some kinds this is very
the main text some kinds this is very
the main text some kinds this is very sort of in-your-face right so it’s an
sort of in-your-face right so it’s an
sort of in-your-face right so it’s an example from philosophy in the main text
example from philosophy in the main text
example from philosophy in the main text that says from bill like and says if my
that says from bill like and says if my
that says from bill like and says if my background epistemology is correct and
background epistemology is correct and
background epistemology is correct and then the footnote says it is sometimes
then the footnote says it is sometimes
then the footnote says it is sometimes the connection between the footnote and
the connection between the footnote and
the connection between the footnote and in texas more subtle so here’s a
in texas more subtle so here’s a
in texas more subtle so here’s a footnote from Edward Gibbons decline and
footnote from Edward Gibbons decline and
footnote from Edward Gibbons decline and fall of the Roman Empire one of the you
fall of the Roman Empire one of the you
fall of the Roman Empire one of the you know most famous works of history three
know most famous works of history three
know most famous works of history three volumes famous for its footnotes and
volumes famous for its footnotes and
volumes famous for its footnotes and he’s talking about the term holy war
he’s talking about the term holy war
he’s talking about the term holy war when something is called a holy war and
when something is called a holy war and
when something is called a holy war and how Christians Justin’s applied to
how Christians Justin’s applied to
how Christians Justin’s applied to themselves the Crusades and he so he
themselves the Crusades and he so he
themselves the Crusades and he so he says then and then he says a footnote
says then and then he says a footnote
says then and then he says a footnote and he says if the reader will turn to
and he says if the reader will turn to
and he says if the reader will turn to the scene in the first part of Henry the
the scene in the first part of Henry the
the scene in the first part of Henry the fourth he will see in the text of
fourth he will see in the text of
fourth he will see in the text of Shakespeare the natural feelings of
Shakespeare the natural feelings of
Shakespeare the natural feelings of enthusiasm and in the notes of dr.
enthusiasm and in the notes of dr.
enthusiasm and in the notes of dr. Johnson the workings of a bigoted though
Johnson the workings of a bigoted though
Johnson the workings of a bigoted though vigorous mind greedy of every pretense
vigorous mind greedy of every pretense
vigorous mind greedy of every pretense to hate and persecute those who dissent
to hate and persecute those who dissent
to hate and persecute those who dissent from his creed if you’re looking at this
from his creed if you’re looking at this
from his creed if you’re looking at this looking at the main text looking at the
looking at the main text looking at the
looking at the main text looking at the foot Knight you should be doing what
foot Knight you should be doing what
foot Knight you should be doing what Shakespeare doctor what’s going on here
Shakespeare doctor what’s going on here
Shakespeare doctor what’s going on here right now how does that connect to know
right now how does that connect to know
right now how does that connect to know what’s going on here you have to know
what’s going on here you have to know
what’s going on here you have to know that in his own footnotes to Henry the
that in his own footnotes to Henry the
that in his own footnotes to Henry the fourth Samuel Johnson commented that
fourth Samuel Johnson commented that
fourth Samuel Johnson commented that Christians had a right and indeed an
Christians had a right and indeed an
Christians had a right and indeed an obligation to wage war upon Muslims
obligation to wage war upon Muslims
obligation to wage war upon Muslims because Muslims were committed by their
because Muslims were committed by their
because Muslims were committed by their own principles to eliminate other
own principles to eliminate other
own principles to eliminate other religions so what’s happening here is a
religions so what’s happening here is a
religions so what’s happening here is a kind of battle of the footnotes right
kind of battle of the footnotes right
kind of battle of the footnotes right Gibbon is fighting against something
Gibbon is fighting against something
Gibbon is fighting against something that’s unstated he’s fighting in an
that’s unstated he’s fighting in an
that’s unstated he’s fighting in an unstained away against something that
unstained away against something that
unstained away against something that Johnson is saying but without putting it
Johnson is saying but without putting it
Johnson is saying but without putting it explicitly so that’s a case where a sort
explicitly so that’s a case where a sort
explicitly so that’s a case where a sort of many people enjoy Gibbon because I
of many people enjoy Gibbon because I
of many people enjoy Gibbon because I think it’s really interesting because of
think it’s really interesting because of
think it’s really interesting because of the footnotes and especially because
the footnotes and especially because
the footnotes and especially because he’s an ironic commentaries there are
he’s an ironic commentaries there are
he’s an ironic commentaries there are other places where the footnote sort of
other places where the footnote sort of
other places where the footnote sort of takes on a life of its own
takes on a life of its own
takes on a life of its own becomes the main you know it goes beyond
becomes the main you know it goes beyond
becomes the main you know it goes beyond what’s in the main text here’s the case
what’s in the main text here’s the case
what’s in the main text here’s the case from physics so Max Born won the Nobel
from physics so Max Born won the Nobel
from physics so Max Born won the Nobel Prize in 1954 for it was a large part
Prize in 1954 for it was a large part
Prize in 1954 for it was a large part for what’s known as the born rule turns
for what’s known as the born rule turns
for what’s known as the born rule turns out that born rule was first a prose in
out that born rule was first a prose in
out that born rule was first a prose in 1926 paper but the rule itself occurs in
1926 paper but the rule itself occurs in
1926 paper but the rule itself occurs in a footnote right so the main the rule
a footnote right so the main the rule
a footnote right so the main the rule that’s enunciated in the main text is
that’s enunciated in the main text is
that’s enunciated in the main text is inaccurate the footnote says a more
inaccurate the footnote says a more
inaccurate the footnote says a more precise consideration shows that the
precise consideration shows that the
precise consideration shows that the probabilities this other thing is the
probabilities this other thing is the
probabilities this other thing is the square of the rule proposed in the main
square of the rule proposed in the main
square of the rule proposed in the main text but he still got the Nobel Prize
text but he still got the Nobel Prize
text but he still got the Nobel Prize right he got the prize for something
right he got the prize for something
right he got the prize for something appeared in a footnote here’s a similar
appeared in a footnote here’s a similar
appeared in a footnote here’s a similar kind of case from law so
kind of case from law so
kind of case from law so it’s a United States versus Carolyn
it’s a United States versus Carolyn
it’s a United States versus Carolyn products is a 1938 decision upholding
products is a 1938 decision upholding
products is a 1938 decision upholding the right of Congress to regulate
the right of Congress to regulate
the right of Congress to regulate interstate commerce as so long as
interstate commerce as so long as
interstate commerce as so long as there’s some kind of rational basis to
there’s some kind of rational basis to
there’s some kind of rational basis to the to the to the regulation and so but
the to the to the regulation and so but
the to the to the regulation and so but then there’s this footnote footnote 4
then there’s this footnote footnote 4
then there’s this footnote footnote 4 when it comes it becomes known as the
when it comes it becomes known as the
when it comes it becomes known as the famous footnote 4 so there the justices
famous footnote 4 so there the justices
famous footnote 4 so there the justices say well basically Congress gets to
say well basically Congress gets to
say well basically Congress gets to regulate as long as there’s some reason
regulate as long as there’s some reason
regulate as long as there’s some reason for it but there might be room for
for it but there might be room for
for it but there might be room for stricter scrutiny in some cases what
stricter scrutiny in some cases what
stricter scrutiny in some cases what kind of cases cases where a group cannot
kind of cases cases where a group cannot
kind of cases cases where a group cannot actually participate in the political
actually participate in the political
actually participate in the political process themselves to make laws that
process themselves to make laws that
process themselves to make laws that would that where they have a voice in
would that where they have a voice in
would that where they have a voice in making the laws themselves but they say
making the laws themselves but they say
making the laws themselves but they say there might be room for narrower
there might be room for narrower
there might be room for narrower protections in some cases and we don’t
protections in some cases and we don’t
protections in some cases and we don’t have to look at that right now it’s not
have to look at that right now it’s not
have to look at that right now it’s not necessary for us to inquire about that
necessary for us to inquire about that
necessary for us to inquire about that right now
right now
right now right so they note a kind of notation
right so they note a kind of notation
right so they note a kind of notation about something that could be considered
about something that could be considered
about something that could be considered other justices for this and other kinds
other justices for this and other kinds
other justices for this and other kinds of cases frequently say ah but you don’t
of cases frequently say ah but you don’t
of cases frequently say ah but you don’t come on footnotes are just footnotes
come on footnotes are just footnotes
come on footnotes are just footnotes they’re not there marginalia they don’t
they’re not there marginalia they don’t
they’re not there marginalia they don’t really count just quoting a footnote
really count just quoting a footnote
really count just quoting a footnote can’t convert it into law don’t consider
can’t convert it into law don’t consider
can’t convert it into law don’t consider footnotes as an authority but in fact
footnotes as an authority but in fact
footnotes as an authority but in fact footnote 4 of Carolyn products became
footnote 4 of Carolyn products became
footnote 4 of Carolyn products became the basis for a wide range of some of
the basis for a wide range of some of
the basis for a wide range of some of the most important decisions of the 20th
the most important decisions of the 20th
the most important decisions of the 20th century including desegregation with
century including desegregation with
century including desegregation with Brown versus Board of Education and
Brown versus Board of Education and
Brown versus Board of Education and same-sex marriage was over Chevelle vs.
same-sex marriage was over Chevelle vs.
same-sex marriage was over Chevelle vs. Hodges so here’s a case where the
Hodges so here’s a case where the
Hodges so here’s a case where the justices were putting a kind of trial
justices were putting a kind of trial
justices were putting a kind of trial balloon a kind of speculative extension
balloon a kind of speculative extension
balloon a kind of speculative extension in the footnote in case somebody wanted
in the footnote in case somebody wanted
in the footnote in case somebody wanted to take it up later which they
to take it up later which they
to take it up later which they definitely did okay so that was a little
definitely did okay so that was a little
definitely did okay so that was a little tour through footnotes right I said
tour through footnotes right I said
tour through footnotes right I said there are four kinds of things that
there are four kinds of things that
there are four kinds of things that footnotes do it’s interesting and
footnotes do it’s interesting and
footnotes do it’s interesting and important things they cite they
important things they cite they
important things they cite they supplement the material they evaluate
supplement the material they evaluate
supplement the material they evaluate material and sometimes they speculate or
material and sometimes they speculate or
material and sometimes they speculate or extend the material and the next thing
extend the material and the next thing
extend the material and the next thing the next big point I want to make is
the next big point I want to make is
the next big point I want to make is this is not just something that happens
this is not just something that happens
this is not just something that happens in footnotes this is something happens
in footnotes this is something happens
in footnotes this is something happens all over ordinary discourse right
all over ordinary discourse right
all over ordinary discourse right conversations aren’t just pilings up of
conversations aren’t just pilings up of
conversations aren’t just pilings up of pieces of information of you know lots
pieces of information of you know lots
pieces of information of you know lots of big piles of information they
of big piles of information they
of big piles of information they structure that information in important
structure that information in important
structure that information in important ways so some information is right at the
ways so some information is right at the
ways so some information is right at the core and some of its more peripheral and
core and some of its more peripheral and
core and some of its more peripheral and language has ways of manipulating and
language has ways of manipulating and
language has ways of manipulating and indicating that kind of structure so we
indicating that kind of structure so we
indicating that kind of structure so we find in particular the same kinds of
find in particular the same kinds of
find in particular the same kinds of functions as we saw before displayed in
functions as we saw before displayed in
functions as we saw before displayed in footnotes now in ordinary speech we have
footnotes now in ordinary speech we have
footnotes now in ordinary speech we have what are called evidential so these are
what are called evidential so these are
what are called evidential so these are cases where there’s a kind of citation
cases where there’s a kind of citation
cases where there’s a kind of citation to other people either as a way of
to other people either as a way of
to other people either as a way of giving credit or as a ways of taking
giving credit or as a ways of taking
giving credit or as a ways of taking authority and sometimes the credit is
authority and sometimes the credit is
authority and sometimes the credit is the the citation is specific as Alex
the the citation is specific as Alex
the the citation is specific as Alex said and sometimes it’s very vague as in
said and sometimes it’s very vague as in
said and sometimes it’s very vague as in many people are saying another kind of
many people are saying another kind of
many people are saying another kind of way in which language provides
way in which language provides
way in which language provides additional information at the margins is
additional information at the margins is
additional information at the margins is with what’s called a positive so these
with what’s called a positive so these
with what’s called a positive so these are supplemental this provides these are
are supplemental this provides these are
are supplemental this provides these are clauses like parenthetical remarks that
clauses like parenthetical remarks that
clauses like parenthetical remarks that provide supplemental information
provide supplemental information
provide supplemental information sometimes this clarifies the main
sometimes this clarifies the main
sometimes this clarifies the main inference that mean information the text
inference that mean information the text
inference that mean information the text and sometimes it’s just sort of
and sometimes it’s just sort of
and sometimes it’s just sort of interesting right it’s sort of
interesting right it’s sort of
interesting right it’s sort of interesting aside like we saw with
interesting aside like we saw with
interesting aside like we saw with footnotes sometimes we also have
footnotes sometimes we also have
footnotes sometimes we also have expressions ways of using language that
expressions ways of using language that
expressions ways of using language that serve to evaluate the main information
serve to evaluate the main information
serve to evaluate the main information in the text so if I say you know she’s a
in the text so if I say you know she’s a
in the text so if I say you know she’s a philosophy major and therefore
philosophy major and therefore
philosophy major and therefore intelligence right I’m commenting on a
intelligence right I’m commenting on a
intelligence right I’m commenting on a kind of connection between those two
kind of connection between those two
kind of connection between those two clauses or if I say I’ll take care of it
clauses or if I say I’ll take care of it
clauses or if I say I’ll take care of it immediately sir right I’m indicating
immediately sir right I’m indicating
immediately sir right I’m indicating something about my social relation to
something about my social relation to
something about my social relation to the speaker or to the hearer or if I say
the speaker or to the hearer or if I say
the speaker or to the hearer or if I say I’ll take care of for you honey
I’ll take care of for you honey
I’ll take care of for you honey similarly a different kind of social
similarly a different kind of social
similarly a different kind of social relation between me and here now as you
relation between me and here now as you
relation between me and here now as you might be noticing in a bunch of these
might be noticing in a bunch of these
might be noticing in a bunch of these cases the stuff that’s at the margins is
cases the stuff that’s at the margins is
cases the stuff that’s at the margins is interesting important appropriate but
interesting important appropriate but
interesting important appropriate but sometimes it’s objectionable or
sometimes it’s objectionable or
sometimes it’s objectionable or problematic right you might not agree
problematic right you might not agree
problematic right you might not agree with me yet there’s an important
with me yet there’s an important
with me yet there’s an important connection between being a philosophy
connection between being a philosophy
connection between being a philosophy major and being intelligent you might
major and being intelligent you might
major and being intelligent you might not not everybody should get to call
not not everybody should get to call
not not everybody should get to call everybody honey right sometimes in the
everybody honey right sometimes in the
everybody honey right sometimes in the wrong case that can be patronizing or it
wrong case that can be patronizing or it
wrong case that can be patronizing or it can be even a case of harassment so we
can be even a case of harassment so we
can be even a case of harassment so we have these kind of objectionable
have these kind of objectionable
have these kind of objectionable assumptions those objectionable
assumptions those objectionable
assumptions those objectionable assumptions can be especially tricky
assumptions can be especially tricky
assumptions can be especially tricky when there come in not just in ways that
when there come in not just in ways that
when there come in not just in ways that are stated explicitly right so they come
are stated explicitly right so they come
are stated explicitly right so they come in there unstated so sometimes
in there unstated so sometimes
in there unstated so sometimes particular words do this
particular words do this
particular words do this like even or managed so even George
like even or managed so even George
like even or managed so even George could solve the problem George managed
could solve the problem George managed
could solve the problem George managed to solve a problem both of those sort of
to solve a problem both of those sort of
to solve a problem both of those sort of suggests there’s something surprising
suggests there’s something surprising
suggests there’s something surprising about George solving the problem right
about George solving the problem right
about George solving the problem right and that’s but that’s not something
and that’s but that’s not something
and that’s but that’s not something that’s actually stated another way this
that’s actually stated another way this
that’s actually stated another way this can come in is by just sort of revealing
can come in is by just sort of revealing
can come in is by just sort of revealing a kind of assumption on the speakers
a kind of assumption on the speakers
a kind of assumption on the speakers part I love the Muslims they’re great
part I love the Muslims they’re great
part I love the Muslims they’re great people
people
people describes Muslims as a group as a whole
describes Muslims as a group as a whole
describes Muslims as a group as a whole just in it’s sort of mode of description
just in it’s sort of mode of description
just in it’s sort of mode of description and sometimes the assumption is not
and sometimes the assumption is not
and sometimes the assumption is not necessarily problematic but it’s
necessarily problematic but it’s
necessarily problematic but it’s something about the way it’s put into
something about the way it’s put into
something about the way it’s put into the conversation right so if I said you
the conversation right so if I said you
the conversation right so if I said you oh sorry I can’t come to dinner this
oh sorry I can’t come to dinner this
oh sorry I can’t come to dinner this there’s naked I’m having dinner with my
there’s naked I’m having dinner with my
there’s naked I’m having dinner with my girlfriend’s family I’m presenting is
girlfriend’s family I’m presenting is
girlfriend’s family I’m presenting is already common knowledge that I got a
already common knowledge that I got a
already common knowledge that I got a girlfriend and that you might say whoa
girlfriend and that you might say whoa
girlfriend and that you might say whoa hey wait a minute I didn’t know that
hey wait a minute I didn’t know that
hey wait a minute I didn’t know that right so it might be that you’re
right so it might be that you’re
right so it might be that you’re sneaking into the conversation has
sneaking into the conversation has
sneaking into the conversation has already supposed something that’s
already supposed something that’s
already supposed something that’s actually new information um
actually new information um
actually new information um the other way in which unstated
the other way in which unstated
the other way in which unstated information can kind of get into the
information can kind of get into the
information can kind of get into the conversation is not by as presenting
conversation is not by as presenting
conversation is not by as presenting something is already assumed but by
something is already assumed but by
something is already assumed but by inviting here or to draw a conclusion
inviting here or to draw a conclusion
inviting here or to draw a conclusion from what the speaker said so the
from what the speaker said so the
from what the speaker said so the classic case here is these are called
classic case here is these are called
classic case here is these are called insinuation the classic case here is a
insinuation the classic case here is a
insinuation the classic case here is a letter of recommendation which in states
letter of recommendation which in states
letter of recommendation which in states in its entirety John is always punctual
in its entirety John is always punctual
in its entirety John is always punctual and his handwriting is excellent now if
and his handwriting is excellent now if
and his handwriting is excellent now if you’ve got that as a letter of
you’ve got that as a letter of
you’ve got that as a letter of recommendation say for a job you know in
recommendation say for a job you know in
recommendation say for a job you know in the teaching philosophy which is the
the teaching philosophy which is the
the teaching philosophy which is the example we usually use you’re gonna
example we usually use you’re gonna
example we usually use you’re gonna conclude that John is not a very good
conclude that John is not a very good
conclude that John is not a very good philosopher is not a good candidate for
philosopher is not a good candidate for
philosopher is not a good candidate for the job but that’s not what the letter
the job but that’s not what the letter
the job but that’s not what the letter says right it’s something that’s snuck
says right it’s something that’s snuck
says right it’s something that’s snuck in by implication sometimes people avoid
in by implication sometimes people avoid
in by implication sometimes people avoid saying something explicitly because it’s
saying something explicitly because it’s
saying something explicitly because it’s unpleasant as in that case sometimes
unpleasant as in that case sometimes
unpleasant as in that case sometimes it’s because they’re trying to negotiate
it’s because they’re trying to negotiate
it’s because they’re trying to negotiate something they’re trying to be polite
something they’re trying to be polite
something they’re trying to be polite right they don’t want to hurt the hero’s
right they don’t want to hurt the hero’s
right they don’t want to hurt the hero’s feelings so you might say I’m trying to
feelings so you might say I’m trying to
feelings so you might say I’m trying to ask you for some money but I say this
ask you for some money but I say this
ask you for some money but I say this very indirect way right I know it’s a
very indirect way right I know it’s a
very indirect way right I know it’s a lot to ask but you know I was wondering
lot to ask but you know I was wondering
lot to ask but you know I was wondering if you happen to have any extra cash
if you happen to have any extra cash
if you happen to have any extra cash sometimes a third kind of reason why
sometimes a third kind of reason why
sometimes a third kind of reason why people don’t come out and say what they
people don’t come out and say what they
people don’t come out and say what they really would the thing that they’re most
really would the thing that they’re most
really would the thing that they’re most interested in communicating is because
interested in communicating is because
interested in communicating is because they want to communicate only with a
they want to communicate only with a
they want to communicate only with a subset of their audience right so if
subset of their audience right so if
subset of their audience right so if somebody says we need more alone or in
somebody says we need more alone or in
somebody says we need more alone or in the inner cities which are suffering
the inner cities which are suffering
the inner cities which are suffering terribly
terribly
terribly might be a code to speak to a certain
might be a code to speak to a certain
might be a code to speak to a certain part of the audience without speaking
part of the audience without speaking
part of the audience without speaking explicitly to a broader range of the
explicitly to a broader range of the
explicitly to a broader range of the audience and in politics as they’re
audience and in politics as they’re
audience and in politics as they’re called dog whistles so I’ve now surveyed
called dog whistles so I’ve now surveyed
called dog whistles so I’ve now surveyed a range of things that you know we find
a range of things that you know we find
a range of things that you know we find in peripheral speech in ordinary
in peripheral speech in ordinary
in peripheral speech in ordinary discourse they’re doing the same kind of
discourse they’re doing the same kind of
discourse they’re doing the same kind of thing that we saw in footnotes we had
thing that we saw in footnotes we had
thing that we saw in footnotes we had evident we had a sort of citation we had
evident we had a sort of citation we had
evident we had a sort of citation we had supplementation we had evaluation and we
supplementation we had evaluation and we
supplementation we had evaluation and we had this sort of sneaky extension more
had this sort of sneaky extension more
had this sort of sneaky extension more or less sneaky extension so how can we
or less sneaky extension so how can we
or less sneaky extension so how can we what can we say about how these kinds of
what can we say about how these kinds of
what can we say about how these kinds of speech work in a more general level one
speech work in a more general level one
speech work in a more general level one thing is precisely because they’re
thing is precisely because they’re
thing is precisely because they’re marginal they fall outside of direct
marginal they fall outside of direct
marginal they fall outside of direct response so if I say that’s not true or
response so if I say that’s not true or
response so if I say that’s not true or I disagree right to even Gorge solve the
I disagree right to even Gorge solve the
I disagree right to even Gorge solve the problem that challenge is I reject the
problem that challenge is I reject the
problem that challenge is I reject the claim that Gorge solves the problem
claim that Gorge solves the problem
claim that Gorge solves the problem right I leave standing I don’t leave
right I leave standing I don’t leave
right I leave standing I don’t leave untouched that assumption that there’s
untouched that assumption that there’s
untouched that assumption that there’s something surprising about George being
something surprising about George being
something surprising about George being able to do that right so that stays out
able to do that right so that stays out
able to do that right so that stays out of the margins but at the same time if I
of the margins but at the same time if I
of the margins but at the same time if I don’t find a way to challenge and reject
don’t find a way to challenge and reject
don’t find a way to challenge and reject that assumption then it ends up entering
that assumption then it ends up entering
that assumption then it ends up entering the conversation and becoming
the conversation and becoming
the conversation and becoming established as something that’s accepted
established as something that’s accepted
established as something that’s accepted in the conversation and that can be used
in the conversation and that can be used
in the conversation and that can be used going forward the last thing is that
going forward the last thing is that
going forward the last thing is that because these kinds of things are when
because these kinds of things are when
because these kinds of things are when they’re unstated and especially when
they’re unstated and especially when
they’re unstated and especially when they’re sort of mushy involving things
they’re sort of mushy involving things
they’re sort of mushy involving things about attitudes and perspectives and
about attitudes and perspectives and
about attitudes and perspectives and ways of thinking and social relations
ways of thinking and social relations
ways of thinking and social relations and stuff they can be hard to pin down
and stuff they can be hard to pin down
and stuff they can be hard to pin down right they’re not specific commitments
right they’re not specific commitments
right they’re not specific commitments and that gives them this kind of
and that gives them this kind of
and that gives them this kind of plausible deniability if you say I don’t
plausible deniability if you say I don’t
plausible deniability if you say I don’t you know I don’t know what you mean I
you know I don’t know what you mean I
you know I don’t know what you mean I wasn’t suggesting anything by saying the
wasn’t suggesting anything by saying the
wasn’t suggesting anything by saying the Muslims I’m telling you I think Muslims
Muslims I’m telling you I think Muslims
Muslims I’m telling you I think Muslims are great people right so there’s kind
are great people right so there’s kind
are great people right so there’s kind of deniability about them what the
of deniability about them what the
of deniability about them what the speaker really meant it’s not available
speaker really meant it’s not available
speaker really meant it’s not available when speech is fully explicit so you
when speech is fully explicit so you
when speech is fully explicit so you might think if this speech is so sneaky
might think if this speech is so sneaky
might think if this speech is so sneaky if it’s so tricky when it would it ever
if it’s so tricky when it would it ever
if it’s so tricky when it would it ever be legitimate to use marginal speech
be legitimate to use marginal speech
be legitimate to use marginal speech right why not just stand up come out and
right why not just stand up come out and
right why not just stand up come out and say what you mean the first thing is
say what you mean the first thing is
say what you mean the first thing is that as we saw there are really
that as we saw there are really
that as we saw there are really important not all information can be at
important not all information can be at
important not all information can be at the center some things deserve to be at
the center some things deserve to be at
the center some things deserve to be at the margins right and some
the margins right and some
the margins right and some really are supplemental or explanatory
really are supplemental or explanatory
really are supplemental or explanatory and some you have to present the basic
and some you have to present the basic
and some you have to present the basic information before you can comment on it
information before you can comment on it
information before you can comment on it right the other thing is sometimes we
right the other thing is sometimes we
right the other thing is sometimes we really do have good reason to speak to
really do have good reason to speak to
really do have good reason to speak to multiple audiences and sometimes we
multiple audiences and sometimes we
multiple audiences and sometimes we really do have good reason to protect
really do have good reason to protect
really do have good reason to protect one or both parties I might not it might
one or both parties I might not it might
one or both parties I might not it might be risky for me to come out and say
be risky for me to come out and say
be risky for me to come out and say explicitly something I’m trying to
explicitly something I’m trying to
explicitly something I’m trying to communicate or I might be trying to
communicate or I might be trying to
communicate or I might be trying to protect your feelings those all can be
protect your feelings those all can be
protect your feelings those all can be legitimate reasons to avoid speaking
legitimate reasons to avoid speaking
legitimate reasons to avoid speaking explicitly on the other hand as we’ve
explicitly on the other hand as we’ve
explicitly on the other hand as we’ve also seen they can be objectionable
also seen they can be objectionable
also seen they can be objectionable right there can be these are ways of
right there can be these are ways of
right there can be these are ways of speaking that are right for manipulation
speaking that are right for manipulation
speaking that are right for manipulation and abuse and so sometimes there really
and abuse and so sometimes there really
and abuse and so sometimes there really are going to be objectionable
are going to be objectionable
are going to be objectionable assumptions things that you disagree
assumptions things that you disagree
assumptions things that you disagree with that are going to enter into the
with that are going to enter into the
with that are going to enter into the conversation in these kinds of
conversation in these kinds of
conversation in these kinds of peripheral ways the question is when
peripheral ways the question is when
peripheral ways the question is when that happens what should you do about it
that happens what should you do about it
that happens what should you do about it and as we’ve seen already the usual
and as we’ve seen already the usual
and as we’ve seen already the usual techniques of response aren’t available
techniques of response aren’t available
techniques of response aren’t available to you right you can’t say if you say
to you right you can’t say if you say
to you right you can’t say if you say that’s not true or I disagree you’re not
that’s not true or I disagree you’re not
that’s not true or I disagree you’re not going to get at that thing that’s at the
going to get at that thing that’s at the
going to get at that thing that’s at the margin which is exactly what’s so
margin which is exactly what’s so
margin which is exactly what’s so troubling right so here I think three
troubling right so here I think three
troubling right so here I think three main options for you the first is to
main options for you the first is to
main options for you the first is to just derail the conversations stop and
just derail the conversations stop and
just derail the conversations stop and say hey wait a minute what do you mean
say hey wait a minute what do you mean
say hey wait a minute what do you mean even George right what are you
even George right what are you
even George right what are you suggesting are you saying there’s a
suggesting are you saying there’s a
suggesting are you saying there’s a problem with George the second thing is
problem with George the second thing is
problem with George the second thing is to take that unarticulated assumption
to take that unarticulated assumption
to take that unarticulated assumption and punch back at that reject that
and punch back at that reject that
and punch back at that reject that explicitly say something like Muslims
explicitly say something like Muslims
explicitly say something like Muslims come in all kinds just like other people
come in all kinds just like other people
come in all kinds just like other people right you can’t it doesn’t make sense to
right you can’t it doesn’t make sense to
right you can’t it doesn’t make sense to talk about Muslims as a group in this
talk about Muslims as a group in this
talk about Muslims as a group in this way the third but sometimes both of
way the third but sometimes both of
way the third but sometimes both of those first two moves are going to be
those first two moves are going to be
those first two moves are going to be too aggressive they’re going to be too
too aggressive they’re going to be too
too aggressive they’re going to be too in-your-face maybe you don’t have the
in-your-face maybe you don’t have the
in-your-face maybe you don’t have the social status to do that or maybe you do
social status to do that or maybe you do
social status to do that or maybe you do need to and want to protect the hearers
need to and want to protect the hearers
need to and want to protect the hearers feelings so in that case one another
feelings so in that case one another
feelings so in that case one another option is to sort of you know use the
option is to sort of you know use the
option is to sort of you know use the very kind of indirection that the
very kind of indirection that the
very kind of indirection that the speaker used in response to them right
speaker used in response to them right
speaker used in response to them right so instead directly responding to that
so instead directly responding to that
so instead directly responding to that objectionable thing sort of come around
objectionable thing sort of come around
objectionable thing sort of come around at it indirectly so what are the morals
at it indirectly so what are the morals
at it indirectly so what are the morals of the story what do I want you to take
of the story what do I want you to take
of the story what do I want you to take away the first thing is you respect the
away the first thing is you respect the
away the first thing is you respect the footnote right actually there’s a lot of
footnote right actually there’s a lot of
footnote right actually there’s a lot of interesting stuff going on down there in
interesting stuff going on down there in
interesting stuff going on down there in the
the
the the fine print you should pay attention
the fine print you should pay attention
the fine print you should pay attention to it be on the lookout for what’s
to it be on the lookout for what’s
to it be on the lookout for what’s happening the second thing is that same
happening the second thing is that same
happening the second thing is that same point applies to ordinary speech things
point applies to ordinary speech things
point applies to ordinary speech things happen at the margins that need to be
happen at the margins that need to be
happen at the margins that need to be paid attention to and the third thing is
paid attention to and the third thing is
paid attention to and the third thing is it’s not enough to just be an attentive
it’s not enough to just be an attentive
it’s not enough to just be an attentive hearer and reader you need to get in
hearer and reader you need to get in
hearer and reader you need to get in there in conversation and do something
there in conversation and do something
there in conversation and do something yourself right so if whatever your
yourself right so if whatever your
yourself right so if whatever your assumptions are if somebody says
assumptions are if somebody says
assumptions are if somebody says something that you find objectionable
something that you find objectionable
something that you find objectionable don’t just let it slide right if you let
don’t just let it slide right if you let
don’t just let it slide right if you let it slide you acquiesce you let it have
it slide you acquiesce you let it have
it slide you acquiesce you let it have authority in the conversation going
authority in the conversation going
authority in the conversation going forward and it can be built on so you
forward and it can be built on so you
forward and it can be built on so you need it might not you however you under
need it might not you however you under
need it might not you however you under spawned whether that’s by directly
spawned whether that’s by directly
spawned whether that’s by directly counterpunching or by indirectly you
counterpunching or by indirectly you
counterpunching or by indirectly you know sort of finding some way to
know sort of finding some way to
know sort of finding some way to dislodge it you need to take
dislodge it you need to take
dislodge it you need to take responsibility for blocking and
responsibility for blocking and
responsibility for blocking and resisting those kinds of objectionable
resisting those kinds of objectionable
resisting those kinds of objectionable consumptions when they occur in
consumptions when they occur in
consumptions when they occur in conversation all right thank you
”
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