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Pornography

DOI
10.4324/9780415249126-L125-1
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DOI: 10.4324/9780415249126-L125-1
Version: v1,  Published online: 1998
Retrieved March 29, 2024, from https://www.rep.routledge.com/articles/thematic/pornography/v-1

3. What justifies legislating against pornography?

Not surprisingly, the different definitions of pornography, coupled with different accounts of why it may be objectionable, yield different proposals for legal action. Those who believe that pornography may be restricted because it is morally damaging, either to the consumer or to society more generally, are often accused of paternalism (see Paternalism). This is a serious charge because an important guiding principle of liberal democratic societies is that the state should be neutral between competing conceptions of the good. It should not attempt to impose on its citizens any particular, favoured understanding of the best way to live, nor should it prohibit or discourage actions simply on the grounds that they are believed to be morally undesirable (see Liberalism).

Connectedly, the principle of free speech is a very important one in liberal societies, and some have argued that restricting or suppressing pornography offends against that principle (see Freedom of speech). The importance of free speech is often explained by reference to individual autonomy: people can best become autonomous in societies where they are able to develop their own views and opinions, and that requires that they have access to a wide range of opinions and beliefs from which they themselves may choose (see Autonomy, ethical).

However, both the argument from neutrality and the argument from free speech have been questioned, most notably by feminists who claim that the free availability of pornography is itself something which undermines the neutrality of the state and denies freedom of speech to certain groups. Thus, it has been suggested that pornography is akin to racist speech: just as racist speech may undermine the self-respect of black people or minority groups, so pornography undermines the self-respect of women and makes it difficult for them to develop autonomy.

This feminist critique of pornography also questions the individualist assumptions of liberal political philosophy. On this understanding, the justification for legislating against pornography is not the moral harm or offence which it causes to specific individuals, but rather the damage which is done to the self-esteem of women as a group.

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Citing this article:
Mendus, Susan. What justifies legislating against pornography?. Pornography, 1998, doi:10.4324/9780415249126-L125-1. Routledge Encyclopedia of Philosophy, Taylor and Francis, https://www.rep.routledge.com/articles/thematic/pornography/v-1/sections/what-justifies-legislating-against-pornography.
Copyright © 1998-2024 Routledge.

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