Pornography : the politics of legal challenges

• This book offers a cutting-edge, cross-disciplinary analysis of how the explosive spread of pornography contributes to violence against women, including prostitution, while presenting a political and legal theory on how to stop it effectively. It guides the reader through fifty years of significant empirical research on the harms, including a vast array of different studies illuminating pornography’s powerful impact on men, a majority of whom consume it. A comparative analysis of legal challenges in Canada, Sweden, and the United States demonstrates why civil rights, not criminal laws, can empower those hurt, subordinated, and exploited while efficiently dismantling the sex industry, consistent with free speech guarantees.

• Pornography has long proven a polarizing and vexing subject in legal and feminist debates. Women's social movements have fought ferociously against pornography since the 1970s, emphasizing its contribution to violence against women. At least two to four of ten young men consume it three times or more per week. The pornography industry exploits poor populations, who are multiply and intersectionally disadvantaged based on gender, race, or other vulnerabilities. A thorough analytical review is made of empirical studies that use complementing methods, demonstrating that using pornography substantially contributes to consumers becoming more sexually aggressive, on average desensitizing them and contributing to a demand for more subordinating, aggressive, and degrading materials. Consumers are also often found wishing to imitate pornography with unwilling partners; many demand sex from prostituted people, who have few or no alternatives. While the supporting scientific evidence of harm is growing exponentially, the politics of legal challenges to pornography still constitutes an amalgam of some of the most intractable, thorny, and adversarial obstacles to change.This book assesses American, Canadian, and Swedish legal challenges to the explosive spread of pornography within their significantly different democratic systems and constructs a political and legal theory for effectively challenging the sex industry under law. The obstacles to this challenge are exposed as more ideological and political than strictly legal, although they often play out in the legal arena. Legal challenges to the harms are shown to be more effective under legal systems that promote equality and when the laws empower those most harmed, in contrast to state-enforced regulations (e.g., criminal obscenity laws). Drawing on feminist and intersectional theory, among others, this book argues that pornography is among the linchpins of sex inequality, contending that civil rights legislation and a civil society forum can empower those harmed with representatives who have more substantial incentives to address them.This book explains why democracies fail to address the harms of pornography and offers a political and legal theory for changing the status quo. These insights can be applied to other intractable problems associated with hierarchies and will appeal profoundly to political theorists and those invested in civil and human rights.

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Ämnesord

SAMHÄLLSVETENSKAP  -- Statsvetenskap (hsv//swe)

SOCIAL SCIENCES  -- Political Science (hsv//eng)

SAMHÄLLSVETENSKAP  -- Juridik -- Juridik och samhälle (hsv//swe)

SOCIAL SCIENCES  -- Law -- Law and Society (hsv//eng)

Nyckelord

pornography

civil rights

prostitution

violence against women

freedom of speech

Catharine MacKinnon

sex purchase law

intersectionality

gender-based violence

sexually explicit media

Political Science

statsvetenskap

Legal Science

rättsvetenskap

Publikations- och innehållstyp

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