Pornography and Censorship

By David Copp; Susan Wendell | Go to book overview

NOTES
1.
This is, of course, true of John Stuart Mill himself, as is clear from his essay, "The Subjection of Women", written in 1860and first published in 1869.
2.
After the distinction between "negative" and "positive" liberty made current by Isaiah Berlin in "Two Concepts of Liberty", in Four Essays on Liberty, O.U.P., London, 1969.
3.
I am relying here on the distinctions first made by W. N. Hohfeld, Fundamental Legal Conceptions, Yale U.P., 1932.
4.
A more detailed account of the relationship between these philosophical and legal debates, as well as a discussion of the complexity of the legal issue of privacy itself, is found in Clark, Lorenne M. G., "Privacy, Property, Freedom, and the Family", Philosophical Law, (Ed.) R. Bronaugh, Greenwood Press, Conn., and London, U.K., 1978, and Towards a Feminist Political Theory, University of Toronto Press, Toronto, forthcoming.
5.
Hart, H. L. A., Law, Liberty, and Morality. O.U.P., London, 1963. This was Hart's answer to the objections raised by Lord Devlin to the recommendations and theory expressed in the Wolfenden Report. Devlin position on this and other related matters is found in Devlin, Lord Patrick, The Enforcement of Morals, O.U.P., London, 1965.
6.
For a discussion of the way in which the historical evolution and conception of rape law functioned to maintain the sexual status quo, and indeed continues to produce just the results we should expect to find with respect to the treatment and handling of rape cases within the criminal justice system, see Clark, Lorenne M. G., and Lewis, Debra J., Rape: The Price of Coercive Sexuality, Canadian Women's Educational Press, Toronto, 1977.
7.
Among the articles that spring readily to mind are Morgan, Robin, "Theory andPractice: Pornography and Rape", Going Too Far, Random House, N.Y., 1977, Ch. IV, pp. 163-69; Russell, Diana, "Pornography: A Feminist Perspective", unpublished paper; Brown- miller , Susan, Against Our Will, Simon & Schuster, N.Y., 1975, pp. 394-6; and Shear, Marie, "Free Meat Talks Back", J. of Communication, Vol. 26, No. 1, Winter, 1976, pp. 38-9.
8.
Clark and Lewis, Rape: The Price of Coercive Sexuality, op. cit., Chs. 7 and 8 in particular.
9.
Indeed, it is true of male homosexual pornography as well. But in the interest of not legislating in the interest of others, I am not advocating that we should prohibit this species of pornography. If men object to it, as in my view they should, whether homo- or heterosexual, it is up to them to express their opposition. Certainly I do not wish to infringe the rights homosexuals have to look at what they like, even though I cannot say with certainty that I am not adversely affected by it.
10.
Quoted in Russell, Diana, "Pornography: A Feminist Perspective", op. cit., p. 7, no reference given.
11.
See, for example, Martin, Del, Battered Wives, Glide Publications, San Francisco, 1976, pp. 22-3; Pizzey, Erin, Scream Quietly or the Neighbours Will Hear, Penguin Books, England, 1974, Ch. 4; Van Stolk, Mary, The Battered Child in Canada, McClelland & Stewart, Toronto, 1972, pp. 23-7.
12.
Bandura, A., Ross, D., and Ross, S. A., Transmission of Aggression Through Imitation of Aggressive Models, J. Abnormal and Social Psychology, 63, No. 3, 575-82.
13.
Kraft-Ebbing, Richard von, Psychopathia Sexualis, 11th ed. rev. and enlarged, Stutt- gard, 1901, pp. 94-5; Freud, S., Introductory Lectures on Psycho-Analysis, Standard Edition, 16:306.

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