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Pornography - The Politics of Legal Challenges (Hardcover)
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Pornography - The Politics of Legal Challenges (Hardcover)
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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 of empirical studies
using complementing methods demonstrates 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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