Pornography and Censorship (Stanford Encyclopedia of …

I can't define pornography, one judge once famously said, but I know it when I see it. (Justice Stewart in Jacobellis v. Ohio 378 US 184 (1964).) Can we do better?

The word pornography comes from the Greek for writing about prostitutes. However, the etymology of the term is not much of a guide to its current usage, since many of the things commonly called pornography nowadays are neither literally written nor literally about prostitutes.

Here is a first, simple definition. Pornography is any material (either pictures or words) that is sexually explicit. This definition of pornography may pick out different types of material in different contexts, since what is viewed as sexually explicit can vary from culture to culture and over time. Sexually explicit functions as a kind of indexical term, picking out different features depending on what has certain effects or breaks certain taboos in different contexts and cultures. Displays of women's uncovered ankles count as sexually explicit in some cultures, but not in most western cultures nowadays (although they once did: the display of a female ankle in Victorian times was regarded as most risqu). There may be borderline cases too: do displays of bared breasts still count as sexually explicit in various contemporary western cultures? However, some material seems clearly to count as sexually explicit in many contexts today: in particular, audio, written or visual representations of sexual acts (e.g., sexual intercourse, oral sex) and exposed body parts (e.g., the vagina, anus and penis-especially the erect penis).

Within the general class of sexually explicit material, there is great variety in content. For example, some sexually explicit material depicts women, and sometimes men, in postures of sexual display (e.g., Playboy centrefolds). Some depicts non-violent sexual acts (both homosexual and heterosexual) between adults who are portrayed as equal and consenting participants. Other sexually explicit representations depict acts of violent coercion: people being whipped, beaten, bound, tortured, mutilated, raped and even killed. Some sexually explicit material may be degrading, without necessarily being overtly violent. This material depicts people (most often women) in positions of servility and subordination in their sexual relations with others, or engaged in sexual acts that many people would regard as humiliating. Some sexually explicit material involves or depicts children. Some portrays bestiality and necrophilia; and so on.

On the first definition of pornography as sexually explicit material, all such material would count as pornography, insofar as it is sexually explicit. But this simple definition is not quite right. Anatomy textbooks for medical students are sexually explicit-they depict exposed genitalia, for example-but are rarely, if ever, viewed as pornography. Sexual explicitness may be a necessary condition for material to count as pornographic, but it does not seem to be sufficient. So something needs to be added to the simple definition. What else might be required?

Here is a second definition. Pornography is sexually explicit material (verbal or pictorial) that is primarily designed to produce sexual arousal in viewers. This definition is better: it deals with the problem of anatomy textbooks and the like. Indeed, this definition is one that is frequently employed (or presupposed) in discussions of pornography and censorship. (See e.g., Williams 1981.) Of course, it is important to distinguish here between sexually explicit material that is wholly or primarily designed to produce sexual arousal (i.e., whose only or overriding aim is to produce sexual arousal) and material whose aim is to do this in order to make some other artistic or political point. The film, Last Tango in Paris arguably aims to arouse audiences, but this is not its primary aim. It does so in order to make a broader political point.

It is sometimes assumed that pornography, in this second sense, is published and consumed by a small and marginalized minority. But, while exact estimates of the size and profitability of the international trade in pornography vary somewhat, it is generally agreed that the pornography industry is a massive international enterprise, with a multi-billion dollar annual turnover. In 2003, the pornography industry (taken to include adult videos, magazines, Cable/Pay per view, Internet and CD-Rom) is estimated to have grossed US$34 billion world-wide; and in excess of $8 billion in the U.S. alone, greater than the combined revenue of ABC, CBS, and NBC ($6.2. billion). (See Internet Filter Review: Internet Pornography Statistics in Other Internet Resources.) Pornography is much more widely consumed than is sometimes supposed, and is a large and extremely profitable international industry.

However, the term pornography is often used with an additional normative force that the first and second definitions leave out. When many people describe something (e.g., a book such as Tropic of Capricorn or a film such as Baise Moi)as pornographic, they seem to be doing more than simply dispassionately describing its sexually explicit content or the intentions of its producers-indeed, in these debates, the intentions of producers are sometimes treated as irrelevant to the work's status as pornography. They seem to be saying, in addition, that it is bad-and perhaps also that its badness is not redeemed by other artistic, literary, or political merit the work may possess. (Consider, for example, how people use the term visual pornography to condemn certain sorts of art or television, often when the material is not even sexually explicit).

This suggests a third definition: pornography is sexually explicit material designed to produce sexual arousal in consumers that is bad in a certain way. This definition of pornography makes it analytically true that pornography is bad: by definition, material that is not bad in the relevant way is not pornography. It might be that all and only sexually explicit material is bad in a certain way (e.g., obscene): in which case, pornography will refer to all and only the class of sexually explicit materials. But it might be that only some sexually explicit material is objectionable (e.g., degrading to women), in which case only the bad subset of sexually explicit material will count as pornography. And, of course, it is possible that no sexually explicit material is bad in the relevant way (e.g., harmful to women), in which case we would have an error theory about pornography: there would be no pornography, so defined, merely harmless, sexually explicit erotica.

A number of approaches define pornography as sexually explicit material that is badalthough they disagree as to the relevant source of its badness, and consequently about what material is pornographic. A particularly dominant approach has been to define pornography in terms of obscenity. (For critical discussions of this approach see Schauer 1982, Feinberg 1987, MacKinnon 1987.) The obscenity might be taken to be intrinsic to the content of the material itself (for example, that it depicts deviant sexual acts that are immoral in themselves) or it may lie in contingent effects that the material has (for example, that it tends to offend reasonable people, or to deprave and corrupt viewers, or to erode traditional family and religious values). If all sexually explicit material is obscene by whichever of these standards is chosen, then all sexually explicit material will be pornography on this definition. This is the definition of pornography that moral conservatives typically favour.

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Pornography and Censorship (Stanford Encyclopedia of ...