David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 13 (2):195 - 239 (1994)
In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Susan Dwyer (2011). Review of Abigail Levin, The Cost of Free Speech: Pornography, Hate Speech, and Their Challenge to Liberalism. [REVIEW] Notre Dame Philosophical Reviews 2011 (2).
Lori Watson (2010). Pornography. Philosophy Compass 5 (7):535-550.
Alisa L. Carse (1999). Pornography's Many Meanings: A Reply to C. M. Concepcion. Hypatia 14 (1):101-111.
Mary Kathryn McGowan (2005). On Pornography: Mackinnon, Speech Acts, and "False" Construction. Hypatia 20 (3):22-49.
Ishani Maitra (2009). Silencing Speech. Canadian Journal of Philosophy 39 (2):pp. 309-338.
Caleb Yong (2011). Does Freedom of Speech Include Hate Speech? Res Publica 17 (4):385-403.
Nellie Wieland (2007). Linguistic Authority and Convention in a Speech Act Analysis of Pornography. Australasian Journal of Philosophy 85 (3):435 – 456.
Melinda Vadas (1992). The Pornography / Civil Rights Ordinance V. The BOG: And the Winner Is...? Hypatia 7 (3):94 - 109.
Lynne Tirrell (1999). Pornographic Subordination: How Pornography Silences Women. In Claudia F. Card (ed.), Feminist Ethics and Politics. University Press of Kansas.
Added to index2009-01-28
Total downloads27 ( #65,556 of 1,102,699 )
Recent downloads (6 months)2 ( #182,643 of 1,102,699 )
How can I increase my downloads?