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Pornography - Papers

Pornography


Suppose one accepts MacKinnon and Dworkin's suggested statutory
definition of . How does one who generally accepts MacKinnon
and Dworkin's views on the pervasively harmful effect of , and
who accepts a need for legal redress of the harms perpetrated by
, 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 not think liberals, or others for ...

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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 opportunity to
empower women.
...

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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 individual has suffered an ...

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Pornography. (2005, June 30). Retrieved March 29, 2024, from http://www.essayworld.com/essays/Pornography/29313
"Pornography." Essayworld.com. Essayworld.com, 30 Jun. 2005. Web. 29 Mar. 2024. <http://www.essayworld.com/essays/Pornography/29313>
"Pornography." Essayworld.com. June 30, 2005. Accessed March 29, 2024. http://www.essayworld.com/essays/Pornography/29313.
"Pornography." Essayworld.com. June 30, 2005. Accessed March 29, 2024. http://www.essayworld.com/essays/Pornography/29313.
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PAPER DETAILS
Added: 6/30/2005 02:42:24 PM
Category: Legal Issues
Type: Premium Paper
Words: 5241
Pages: 20

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