Does obscenity cause moral harm?

被引:1
|
作者
Koppelman, A [1 ]
机构
[1] Northwestern Univ, Evanston, IL 60208 USA
关键词
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The classic justification for obscenity law is to prevent readers from being depraved and corrupted by sexually oriented publications. Moral harm is not an unfamiliar idea. It is what most parents have in mind when they censor what their children are allowed to see. Yet liberal critics of the doctrine have not understood it, and so have often missed the point of the laws they were criticizing. Texts shape our view of the world. just as good literature invites us to perceive the world subtly and empathetically, it is possible - indeed, it is common-for novels, films, or television shows to view the world crudely and insensitively, and to spin out self-aggrandizing fantasies that invite self-centeredness and cruelty. Texts that do this can indeed cause moral harm. Discerning the moral content of texts is, however, too complex a task for the law to undertake. Some pornography is morally bad because it encourages the reader to regard other people as mere objects of sexual interest, whose feelings and desires do not matter. But this cannot be the basis for a workable legal test for obscenity, because it is too vague and its application too contestable to be a rule of law. Moral harm is not identical with, and only fortuitously overlaps with, what any legal test focuses on: the dissemination of particular types of images or subject matter. Obscenity law is thus an unsuitable solution to the problem it seeks to address, and should be abandoned.
引用
收藏
页码:1635 / 1679
页数:45
相关论文
共 50 条
  • [21] Harm to others outweighs harm to self in moral decision making
    Crockett, Molly J.
    Kurth-Nelson, Zeb
    Siegel, Jenifer Z.
    Dayan, Peter
    Dolan, Raymond J.
    PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES OF THE UNITED STATES OF AMERICA, 2014, 111 (48) : 17320 - 17325
  • [22] Does sexualization in video games cause harm in players? A meta-analytic examination
    Ferguson, Christopher J.
    Sauer, James D.
    Drummond, Aaron
    Kneer, Julia
    Lowe-Calverley, Emily
    COMPUTERS IN HUMAN BEHAVIOR, 2022, 135
  • [23] Does Overestimation of Burn Size in Children Requiring Fluid Resuscitation Cause Any Harm?
    Sadideen, Hazim
    D'Asta, Federica
    Moiemen, Naiem
    Wilson, Yvonne
    JOURNAL OF BURN CARE & RESEARCH, 2017, 38 (02): : E546 - E551
  • [24] Stent Protrusion in Palliative Congenital Heart Disease Interventions: Does it Cause Any Harm?
    Baho, Haysam
    Deraz, Salem
    Abouzeid, Heba
    Al-Ata, Jameel
    Kouatli, Amjad
    JOURNAL OF INVASIVE CARDIOLOGY, 2013, 25 (09): : 460 - 463
  • [25] Does long term use of psychiatric drugs cause more harm than good?
    Gotzsche, Peter C.
    Young, Allan H.
    Crace, John
    BMJ-BRITISH MEDICAL JOURNAL, 2015, 350
  • [26] Understanding Harm and its Moral Significance
    Matthew Hanser
    Ethical Theory and Moral Practice, 2019, 22 : 853 - 870
  • [27] Harm, affect, and the moral/conventional distinction
    Kelly, Daniel
    Stich, Stephen
    Haley, Kevin J.
    Eng, Serena J.
    Fessler, Daniel M. T.
    MIND & LANGUAGE, 2007, 22 (02) : 117 - 131
  • [28] Necessity, Moral Liability, and Defensive Harm
    Firth, Joanna Mary
    Quong, Jonathan
    LAW AND PHILOSOPHY, 2012, 31 (06) : 673 - 701
  • [29] FREE SPEECH AND OBSCENITY LAW - TOWARD A MORAL THEORY OF FIRST AMENDMENT
    RICHARDS, DA
    UNIVERSITY OF PENNSYLVANIA LAW REVIEW, 1974, 123 (01) : 45 - 91
  • [30] ON THE SUPPOSED MORAL HARM OF SELECTING FOR DEAFNESS
    Fahmy, Melissa Seymour
    BIOETHICS, 2011, 25 (03) : 128 - 136