An Analysis of Ronald Dworkin and Catherine Mackinnon’s Perspectives on Modern (Obscene) Pornography

The first reason that shows that Canada has become a “just society” is the changes to women’s legal rights. Since the 1970s, many women have stepped up to the work of politics. Several instances include Kim Campbell, the first woman to become the prime minister of Canada,1 Kathleen Wynne, the first premier of Canada to be lesbian,2 Beverley McLachlin, the “first female chief of justice of the Supreme Court of Canada,”3 and Catherine Callbeck, the second female provincial premiere and first woman to win

Tropp, Sandra Fehl., and Ann Pierson. D'Angelo. "Pornography (1983)." Essays in Context. New York: Oxford UP, 2001. 543-47. Print.

Catharine MacKinnon, in her article "Not A Moral Issue", calls the need for feminist critique of pornography pertinent, as it is "central to the institutionalization of male dominance" (407). The power dynamics presented in pornography, MacKinnon believes, uphold ideologies of gender inequality. "Men treat women as who they see women being. Pornography constructs who that is," she writes (MacKinnon 408).

In order to bring these often very abstract issues to life, we will examine a selection of high profile and prominent decisions (mainly from Canadian courts, and frequently from the Supreme Court of Canada) which can be said to have changed the law, and in which the judges of the court have disagreed among themselves. Cases to be covered concern controversial issues such as Battered Woman Syndrome, Euthanasia/ Physician Assisted Suicide, Hate Speech, Marijuana Use, Obscenity/ Pornography, Prostitution, or topics in human rights (i.e., freedom of expression, national security and the right not to be tortured, or religious freedom). Analysis of cases will include exploration and examination of the philosophical aspects of crucial terms and concepts that appear in Canadian law, such as in the Criminal Code of Canada, or in the Canadian Charter of Rights and Freedoms.

Good sex is considered to be legal and healthy, whereas bad sex is criminalized and dangerous. In contrast to MacKinnon’s view on pornography, Rubin argues that pornography is a means of sexual exploration and can be liberating. Sexual activities are a means through which sexuality can be explored. Rubin argues that anti-pornography movements exaggerate the dangers of pornography as destructive and negative. Anti-pornography movements depict pornography as harmful and degrading to women, but this in itself is harmful for it does not account for consensual and desired sexual activities. Through classifying sexual activities, such as BDSM and sex work, as good and bad, the state effectively limits sexual exploration to certain acceptable societal norms. This is further illustrated through R v. Price, in which the judge ruled that there was no evidence that BDSM videos cause harm (Lecture Slides: February 9). Conforming to cultural norms subsequently ensures that the patriarchal system of sexual value, in which MacKinnon argued is male dominated, is adhered to. Even though pornography can perpetuate sexual objectification, the oppression of sexual desire by the state limits any form of positive sexual exploration. The state and law should not penalize possibilities for positive sexual experiences because of social stigmas. The disapproval of society and the state of particular sexual

the case of R. v. Sharpe, [2001] 1 S.C.R. 45, 2001 SCC 2 is regarded as one of the most controversial cases in the supreme court and got a lot of media attention and has led to Canadians all across the country to take into account the seriousness of child pornography and its harms. In this case, analysis I shall review the case R v. Sharpe, [2001] and consider the legal facts, the judicial reasoning and analysis as well as talk about the legal history of this case along with its socio and political implications it has had. In the beginning of a case commentary, it is important to state all the facts and terms, John Robin Sharpe is a British Columbia resident who admitted that he enjoyed child pornography and felt that he was entitled

The concept of the rights revolution in Canada is one that is thoroughly explored by Michael Ignatieff in The Rights Revolution, 2007. To Michael Ignatieff the rights revolution (the creation of laws surrounding the rights of a diverse Canada) achieved what it set out to accomplish – equal rights for all Canadians, no matter their ethnicity, gender, social status, sexual orientation, or age (Ignatieff, 2007). For modern day Canadian families it is important to recognize that this is not the case. In many cases the laws enacted around family law do not protect the interests of the individual or the group. In divorce court women are often favoured over men, simply because of their gender. Furthermore, there are cases where the race of the child

Anne McClintock’s “Gonad the Barbarian and the Venus Flytrap”, focuses a lot of attention on how from the beginning of history, women have been denied some of the basic rights and freedoms that have been essential to the way that men live. Starting back from the times where they couldn’t vote and when women were basically seen as property when wedded. Women today and even in the earlier days could not express their sexuality and could not show that they were sexual beings. Anne McClintock gives the idea that women should be able to have the things that men have and they should be able to express it in the same way as men. In this essay, I will analyze how Anne McClintock views pornography as a form of pleasure that is mostly consumed by men and how women are incorporated into the employment of the industry and even in the home setting.

For many years there has been a lot of arguments about the ethical and morality of pornography. pornography is defined as the depiction of erotic behavior intended to cause sexual excitement. When it coms down to pornography, people have different opinions about it. Some people might find it moral because it gives them pleasure and it satisfies them physically. some individuals see it as a form of art that describes the figure of a human body in an artistic form. Others see it as immoral because it harms and degrades an individual. Personally I believe that it all depends how pornography is conducted and how we respond to it. It can be morally healthy that we like it because it makes us happy, such as it helps with your marriage relationship in intimacy, and it can be immoral when it is used in an unhealthy that we do not like it because hurts an innocent person.

MacKinnon(1981),claims that if pornography is part of a person 's sexuality, then that person has no right to their sexuality. Women who enjoy pornography claim that they are offended by these kinds of attitudes, and want it recognized that they get more out of pornography than oppression. As writer Sallie Tisdale writes, "pornography tells me the opposite [of what Dworkin and MacKinnon tell me]: that none of my thoughts are bad, that anything goes. The message of pornography is that our sexual selves are real." (Strossen, 1995). (Albee, 2002)

One issue that feminists should bring to the open and question is the definition of pornography. Often times anti-porn feminists argue that we can tell what is and isn’t porn easily. Yet the definition these feminists use to decide what counts as porn and whether it should be censored from the public applies to many things as Lumby points out in paragraphs nine and twelve. She draws up the movie Siren as an example of how Elle Macpherson’s nudity in the movie was widely accepted and went uncontested, but then Lumby points out how Macpherson’s shoot for Playboy was more modest than some of the shots in the film yet the photo shoot receives more flack because it’s categorized as porn (par 9).

MacKinnon believes that pornography maintains male-dominated views of sex and is an extension of the patriarchy and thus, from a feminist standpoint, it should be eliminated. First, it should be established that MacKinnon believes that “male dominance is sexual” (315). From that, it can be established that practices such as rape, sexual assault, prostitution, and pornography “express and actualize the

Thesis – Multiple outlooks have been taken on the ethics of pornography, and the means by which it may either negatively influence power in sexuality, or actually provide some sort of social value and worth. These different ethical perspectives display the flaws in the industry and what it represents; yet they also end up proving the fact that it can be modified with positive influence and that pornography is not something to be deemed utterly unethical.

Humanity has struggled with determining the best option to solve their ethical dilemmas that they run into in their life. Analyzing and determining the best option to take can leave an individual lost in faith and building a relationship with God. Building a God foundation in your life will help you in every ethical dilemma that you face. The only way to solve an ethical dilemma with viewing pornography is to view the dilemma according to a Christian worldview and compare different options to solve the ethical dilemma.

Catharine MacKinnon, in her book Feminism Unmodified, takes a unique approach to the problem of gender inequality in America. She claims that pornography defines the way in which America’s patriarchal society perpetuates male dominance, and attacks traditional liberal methods that defend pornography on the basis of the first amendment’s right to free speech. According to MacKinnon, pornography is not an example of speech but rather an act. She proposes that this act discriminates against women as a class, and therefore violates their civil rights and should be outlawed. MacKinnon’s critics may think her argument is excessively radical, and contemporary society may not embrace the