David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 16 (2):177 - 199 (1997)
Most people are familiar with Justice Stewart's now classic statement that while he cannot describe pornography, he certainly knows it when he sees it. We instantly identify with Justice Stewart. Pornography is not difficult to recognize, but it does elude description. This is because traditional attempts at description are attempts that seek to explain at either an abstract or empirical level rather than at the level that accounts for experience in its totality. Justice Stewart's lament represents the need to understand the subjective experience of pornography and cease trying to explain it in purely objective terms. Much feminist literature in general and Catharine MacKinnon's work in particular seeks to do just this. MacKinnon argues that pornography should not be explained in familiar First Amendment freedom-of-expression terms, but rather in terms of the actual sexual abuse it constitutes in experience. Then, and only then, are we able to select the appropriate legal remedy. This essay suggests that MacKinnon's position not only needs the support of a non-traditional philosophical approach, but has one readily available in the phenomenology of philosopher Edmund Husserl.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Social Sciences, general Political Science|
|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
Christy Mag Uidhir (2009). Why Pornography Can't Be Art. Philosophy and Literature 33 (1):pp. 193-203.
Theodore Bach (2010). Pornography as Simulation. In Dave Monroe (ed.), Pornography: Philosophy for Everyone.
Nicole Wyatt (2009). Failing to Do Things with Words. Southwest Philosophy Review 25 (1):135-142.
Amy Allen (2001). Pornography and Power. Journal of Social Philosophy 32 (4):512–531.
Mary Kathryn McGowan (2005). On Pornography: Mackinnon, Speech Acts, and "False" Construction. Hypatia 20 (3):22-49.
Lori Watson (2010). Pornography. Philosophy Compass 5 (7):535-550.
E. C. (1997). The Phenomenology of Pornography. Law and Philosophy 16 (2):177-199.
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 downloads28 ( #74,164 of 1,692,205 )
Recent downloads (6 months)1 ( #184,284 of 1,692,205 )
How can I increase my downloads?