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PORNOGRAPHY

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Background��Traditional arguments for and against censorship��Feminist arguments for and against censorship��Relationship to different ethical theories and moral reasoning theories

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Opening Reflection

  • Does pornography harm or empower women overall?
  • Are there forms of pornography are that are immoral? �If so, which ones?
  • Does pornography harm or empower men overall?

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What is pornography?

  • “I can’t define pornography, but I know it when I see it.” (Justice Stewart in Jacobellis v. Ohio)�
  • Pornography is any material that is sexually explicit and designed to wholly and primarily produce sexual arousal in viewers.

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(source. Standard Encyclopedia of Philosophy)

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Different types of pornography

  • Non-violent pornography: non-violent sexual acts between two consenting adults

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  • Violent pornography: whipped, beaten, bound, tortured, raped, even killed

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  • Degrading pornography: positions of servility and subordination; humiliating sexual acts; can include children and animals

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Central Questions

Is pornography moral?�

Should it be illegal to buy or

sell pornography?

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Arguments for making pornography illegal on the grounds of morality

Virtue ethics, Deontological ethics, and Utilitarianism��

All sexually explicit content is morally obscene due to the content

itself (deviant sexual acts that are immoral themselves) or the effects

of the material (deprave or corrupt viewers, erode family values) and

harms the development of virtue (and thus good character) by

encouraging vice.

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Arguments for making pornography illegal on the grounds of morality

Virtue ethics, Deontological ethics, and Utilitarianism �

Sexually explicit material is morally obscene and an affront to decent family and

religious values. It undermines and destabilizes the moral fabric of a decent and stable

society by encouraging sexual promiscuity, deviant sexual practices, and other attitudes

and behaviors that threaten traditional family and religious institutions.

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Watching pornography is intrinsically wrong as it making or participating in it.

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Further, pornography is bad for those who consume it, corrupting their character and

preventing them from leading a good and worthwhile life in accordance with virtue.

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The state is justified in using coercive power to uphold and enforce a community’s

moral convictions and prevent citizens from engaging in activities that offend prevailing

community standards of morality and decency on the basis of legal moralism (making

what is moral illegal) and legal paternalism (making it illegal for people to harm

themselves).

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Arguments against making pornography illegal on the grounds of morality

The traditional liberal defense of the right to pornography rejects both the principle of

legal moralism and legal paternalism where consenting adults are concerned.

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Pornography is a low value speech that contributes little to intellectual, artistic,

literary, or political merit to the moral and social environment, but should not be made

illegal on that basis.

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Moral majorities must not be allowed to use the law to suppress dissenting opinions or

to force their moral convictions on others.

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Emphasis is placed on individual freedom.

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Arguments against making pornography illegal on the grounds of morality

They frequently find pornography that is especially violent and degrading to be wrong

based on the Offense Principle (make illegal what is offensive) and Harm Principle

(make illegal whatever harms someone), but the burden is on the person to prove that a

certain type of pornography is especially offensive or harmful.�

It must be shown that pornography causes actual physical violence to others (murder,

rape, assault, battery) or violate important interests or rights of others to say that the

harm principle applies.

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It must be shown that pornography is actually offensive, but this is hard to apply since

what is offensive to one person might not be offensive to another person.

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A. Pornography with bondage when such bondage was not forced?�-Morally wrong because it degrades women and men (animalistic), trivalizes sex and creates a barrier, addictive to watchers, and can lead to relationship problems�-Morally wrong in itself because it abnormalizes sex, which can be harmful�-Legal as long as harm is not caused. In this case, the bondage was not forced.�-Illegal due to legal moralism and/or legal paternalism.

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B. Pornography with bondage when such bondage was forced but the actor is paid extra?�-Same as above but more problematic because of bribery, which goes against consent.�-Morally wrong and should be illegal because of legal moralism

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C. Pornography where consenting adults are dressed as school children (and pass for being school children)?�-Morally wrong because it encourages child sexual abuse by sexualizing children.�-Illegal because of harm and offensive principle as well as legal moralism.�

D. Pornography where school children are involved?�-Wrong on every level. Illegal for every reason.�

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Feminist Arguments

Pornography is defined as any sexually explicit

material that exploits and oppresses women.

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There is no objection to erotica, sexually explicit

material that does not harm women.

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Feminist Arguments�Against Pornography

Examples include situations where women are

coerced, abused, dominated, or degraded in such a

way as to endorse their subordination.

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More specifically, cases where women are treated as sex

objects, where women enjoy humiliation and pain, where

women experience rape as pleasure, where women are tied

up, bruised or physically hurt, where women are put into

postures of submission, penetrated by objects or animals, or

where women are placed into scenarios of degradation,

injury, humiliation, or torture would be pornography.

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Feminist Arguments�Against Pornography

Does pornography take advantage of underprivileged women

by preying on their psychic and economic vulnerability to

reap enormous profits at their expense?

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Some feminists would argue that it does and, thus,

pornography is a public institution of sexual slavery. �

They argue that women are entitled to compensation for

these harms.

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Feminist Arguments�For Pornography

Other feminists argue that pornography liberates women

from the oppressive shackles of conservativism by challenging

traditional views of femininity.

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In response, some may argue that this justification was

implanted in the minds of women by men who want women

to be sexually loose for to satisfy their interests.�

What do you think?

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Scenario

There is an adult film where the man asks the woman to have

sex with him and she says no. The man does not take no for

an answer and gently moves into having sex with the woman

in a way that is not degrading or violent. The woman goes

along with it.��What is the feminist response to this scenario? What is your response? Is it moral to watch? Should it be legal?

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Homework 4

Choose one of the following scenarios.

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A. Pornography with bondage when such bondage was not forced?

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B. Pornography with bondage when such bondage was forced but the actor is paid?

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C. Pornography where consenting adults are dressed as school children (and pass for being school children)?�

D. Pornography where school children are involved?�

Apply legal moralism, legal paternalism, harm principle, and the offense principle

As well as virtue ethics, deontological ethics, and utilitarianism in your argument for or

against allowing such type of pornography. (For the in-class activity, you applied a few.

For this homework, you will apply all.)�

Consider first whether you should watch it or, second, whether it should be legal.

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