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The Statutory Definition Of Pornography - Online Term Paper

The Statutory Definition Of Pornography



Suppose one accepts MacKinnon and Dworkin's suggested statutory
definition of pornography. How does one who generally accepts MacKinnon
and Dworkin's views on the pervasively harmful effect of pornography, and
who accepts a need for legal redress of the harms perpetrated by
pornography, deal with pornographic material?
The ordinance proposed by MacKinnon and Dworkin would deal with such
material by enacting legislation which gives people adversely affected by
the works, which clearly fit their definition of pornography, a cause of
action against the producers, vendors, exhibitors or distributors for
"trafficking", or for an assault "directly caused by the specific work.
I do ...

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against the subordination of women. Any man, child or
transsexual who alleges injury by pornography in the
way women are injured by it also has a claim.
[emphasis added]

My goal in this paper is to suggest that a slight modification to this
subsection of the ordinance would make it very difficult for liberals and
legal conservatives to object to it. This modification would restrict the
cause of action to the same persons as the other sections of the ordinance,
namely, the particular victim of the specified injury. I shall argue that
such a modification would largely cohere with the conception of harm
already at work in Ontario law, would afford only a minor reduction in the
potential efficacy of such legislation in curbing the harm of pornography,
and would offer to empower the feminist camp which is behind such an
ordinance with a mechanism for social and political change if a
sufficiently organized feminist "vanguard" took hold of the ...

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worthy of equal concern
and respect in the eyes of the state permeates liberal conceptions of
rights. It is also a fundamental, if not exclusive, tenet of the common
law of torts:
In tort litigation, the courts must decide whether to
shift the loss suffered by one person, the plaintiff,
to the shoulders of another person [emphasis added].

Clearly, on its face this conception of harm precludes the notion of a
harm suffered collectively which cannot be delineated individually. While
class actions are possible, and claims may be made on behalf of groups such
as company shareholders, this is only by virtue of the fact that a legally
recognized ...

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The Statutory Definition Of Pornography. (2005, May 22). Retrieved December 23, 2024, from http://www.essayworld.com/essays/The-Statutory-Definition-Of-Pornography/27309
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PAPER DETAILS
Added: 5/22/2005 06:21:13 PM
Category: Social Issues
Type: Premium Paper
Words: 5243
Pages: 20

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