Populo Volume 2 Issue 1

McDonald (2020, pp. 19) highlights that the unintentional performance of actions

isn’t always problematic regarding negative speaker autonomy. However, in the cases

where individuals can have obligations and entitlements imposed onto them, in which

they did not participate, is problematic. For example, how a woman can find herself in

the position of not refusing sex when this isn’t her intended illocutionary act is

problematic. The ability of the constitutional theory to lack the component of negative

speaker autonomy undermines women’s autonomy. It takes away the rights of

minorities to act as individual agents as their actions are reconstituted to ones they

don’t intend to perform.

If autonomy among such groups is lost this has concerning implications for how

they could be allowed to be treated or in this case miss treated. It is often thought that

we owe fewer moral duties to less autonomous beings, and as it has just been

suggested by the constitutional theory that women have less autonomy, this could be

used to suggest that they deserve lesser moral treatment (McDonald, 2020, pp. 19).

This is obviously absurd and potentially the biggest criticism of the constitutional

theory which leads to McDonald (2020) rejecting it. The ratification theory, on the

other hand, is void of this criticism as it makes it impossible for an individual to

unintentionally perform an illocutionary. It suggests that we all have negative speaker

autonomy, and that marginalised people are wronged by having less positive speaker

autonomy which can lead to them being misinterpreted or silenced (McDonald, 2020,

pp.19).

The literature by McDonald (2020) has clearly shown that the constitutional theory

fails to provide an adequate theory of uptake on three key levels. It is wrong in terms

of how it goes against the common way we think about speech, it has an element of

impossibility and has problematic political implications with respect to autonomy. All

problems identified above regarding the constitutional theory are not present within

the ratification theory, and so at this stage, it makes sense to deem the ratification

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