| |
Although traditional defenders of a right to pornography have been liberals, it is important to note that not all contemporary liberals defend such a right. Indeed, the question of whether there might be good liberal grounds for prohibiting or otherwise regulating the voluntary private consumption of pornography has become the subject of increasing and lively debate. Inspired by more recent feminist arguments against pornography, some have begun to argue that the liberal commitment to protecting individual autonomy, equality, freedom of expression and other liberal values may in fact support a policy that prohibits certain kinds of pornography, rather than the permissive policy liberals have traditionally favoured. (See e.g., Dyzenhaus 1992, Easton 1994: 42-51, Langton 1990, Okin 1987, West 2003.) These theorists do not normally reject the harm principle, broadly understood: They generally agree that the crucial question in determining whether censorship of pornography is justified is whether there is reliable evidence to show that the publication or viewing of pornography by consenting adults causes sufficiently great harm to the significant interests of others. Rather, they are open to the legitimacy of censorship because they think that the production and consumption of certain sorts of sexually explicit material (in particular, violent pornography and non-violent but degrading pornography) may in fact cause sufficiently significant harm to others, particularly women.
These theorists often follow social science researchers in drawing more fine-grained distinctions within the general category of pornography (i.e., the sexually explicit material whose primary function is to produce sexual arousal in those who view or read them). They often distinguish between 1) violent pornography; 2) non-violent but degrading pornography; and 3) non-violent and non-degrading pornography, since there is some evidence to suggest that some of these materials (e.g., in categories 1 and 2) may be harmful in ways that other material (e.g., category 3) is not. I will summarize some of this important evidence shortly.
One important dimension of the disagreement between those liberals who defend a right to pornography and those who think that liberals should be open to the legitimacy of censorship is empirical: they disagree about the crucial empirical issue of whether there is reliable evidence to show that the production and consumption of pornography by consenting adults in fact causes harm to others, particularly women. But frequently they also disagree about some important conceptual matters as well. In particular, they may disagree (albeit sometimes implicitly) about how three central elements of the harm principle should be understood: (i) exactly what counts as "harm" to others, in the relevant sense; (ii) when can we say that something is a "cause", or a sufficiently "direct cause", of a harm; and (iii) how much harm to others is "sufficiently great" to justify coercive sanctions against the speech or conduct that produces it. In other words, they disagree about how the harm principle should be interpreted and applied.
Many argue that more traditional liberal conceptions of the interests or rights that individuals have, and so of what activities can cause harm to them, is too narrow. It ignores the way in which threats to individuals' interests can come not just from the state, but also from other social practices and circumstances (e.g., substantive socio-economic disadvantage) that can prevent the meaningful exercise of freedom just as effectively. The state may thus have a legitimate role to play in promoting the social conditions that enable individuals to exercise their rights in meaningful ways, and in regulating such activities of non-governmental agents or groups as may serve significantly to infringe them.
|
|
