Читать книгу Free Speech Law and the Pornography Debate - Lynn Mills Eckert - Страница 6

1.

Nancy Fraser, Unruly Practices: Power, Discourse, and Gender in Contemporary Social Theory (London: Polity Press, 2004). Linda Alcoff, Real Knowing: New Versions of the Coherence Theory (Ithaca, NY: Cornell Univ. Press, 2008). Steve Fuller, Social Epistemology (Bloomington: Indiana University Press, 2002). Sandra Harding, Science and Social Inequality: Feminist and Postcolonial Issues (University of Illinois Press, 2006). While this is not a debate about the intricacies of epistemology, the insights of these other scholars provide a fresh perspective on the problem of determining what pornography is, whether it harms, and whether to regulate.

2.

Nancy Fraser, “Pragmatism, Feminism, and the Linguistic Turn,” in Feminist Contentions: A Philosophical Exchange, ed., S. Benhabib et al. (New York: Routledge, 1995).

3.

Linda Alcoff, Real Knowing: New Versions of the Coherence Theory (Ithaca, NY: Cornell University Press, 2008). Joseph Rouse, Knowledge and Power: Toward a Political Philosophy of Science (Ithaca, NY: Cornell University Press, 1987).

4.

Linda M Alcoff, “How Is Epistemology Political?,” in Radical Philosophy (Philadelphia, PA: Temple University, 1993). Linda Alcoff, “Justifying Feminist Social Science,” Hypatia 2, no. 3 (1987): pp. 107-120, https://doi.org/10.1111/j.1527-2001.1987.tb01344.x. Linda Alcoff, Real Knowing: New Versions of the Coherence Theory (Ithaca, NY: Cornell Univ. Press, 2008). Seyla Benhabib, Situating the Self Gender, Community, and Postmodernism in Contemporary Ethics (Polity Press, 2007). Nancy Fraser, Unruly Practices: Power, Discourse, and Gender in Contemporary Social Theory (London: Polity Press, 2004). Nancy Fraser tells us that “Belief in philosophical metanarratives tends to decline with the linguistic turn, since to accord density and weight to signifying processes is also to cast doubt on the possibility of a permanent neutral matrix for inquiry.”

5.

Justice O ’Connor makes a similar point in Grutter v. Bollinger 539 U.S. 306 (2003) about the evolving need for affirmative action. In the case, she posits that we may need affirmative action policies for only another 20 years. The changing social context may make the need for affirmative action policies obsolete and law can and should take account of such a changing context.

6.

Seyla Benhabib, Situating the Self Gender, Community, and Postmodernism in Contemporary Ethics (Polity Press, 2007).

7.

Satya P. Mohanty, Literary Theory and the Claims of History: Postmodernism, Objectivity, Multicultural Politics (Oxford University Press, 1998). Nancy Fraser, “Pragmatism, Feminism, and the Linguistic Turn,” in Feminist Contentions, p.157.

8.

Satya P. Mohanty, Literary Theory and the Claims of History: Postmodernism, Objectivity, Multicultural Politics Oxford University Press, 1998). Linda M Alcoff, “How Is Epistemology Political?,” in Radical Philosophy (Philadelphia, PA: Temple University, 1993). Michel Foucault, Power/Knowledge: Selected Interviews & Other Writings 1972-1977, ed. Colin Gordon (New York, NY: Pantheon Books, 1980). A. Levin, Cost of Free Speech: Pornography, Hate Speech, and Their Challenge to Liberalism (Palgrave Macmillan, 2014).

9.

Linda M Alcoff, “How Is Epistemology Political?,” in Radical Philosophy (Philadelphia, PA: Temple University, 1993). Carol Smart, Feminism and the Power of Law (Routledge, 2015).

10.

Helen Hester, Beyond Explicit (Albany, NY: State University of New York Press, 2015), 9, (in “‘Other’ or ‘One of Us’” in Hester 9).

11.

See Alcoff’s discussion in Chapter 2 of Linda Alcoff, Real Knowing: New Versions of the Coherence Theory (Ithaca, NY: Cornell Univ. Press, 2008).

12.

Helen Hester, Beyond Explicit (Albany, NY: State University Of New York Press, 2015), 9.

13.

Both Tarrant and Hester make this point apparent. The pornography industry has been significantly disrupted by technology reducing entry market barriers. Websites such as Pornhub have both monopolized access to many varieties of pornography and limited the amount of money producers receive. Pornhub offers access to different varieties of pornography as well rather than simply the most inegalitarian and violent forms of which the book is largely concerned. Shira Tarrant, The Pornography Industry: What Everyone Needs to Know (Oxford University Press, 2016). Helen Hester, Beyond Explicit (Albany, NY: State Univ of New York Press, 2015).

14.

Thomas S. Kuhn, The Structure of Scientific Revolutions (Chicago, IL: The University of Chicago Press, 2015).

15.

Kuhn, The Structure of Scientific Revolutions (Chicago, IL: The University of Chicago Press, 2015).

16.

Hester, 4.

17.

Hester, Shelton 139 in Hester p. 4.

18.

Hester quoting Tim Stüttgen, “Before Orgasm: Fifteen Fragments on a cartography of Post/Pornographic Politics,” Post/Porn/Politics: Queer Feminist Perspectives on the Politics of Porn Performance and Sex Work as Cultural Production Ed. Stüttgen. Berlin: books, 2009. pp. 10–21. Found on page 10 in Hester.

19.

Here I am not advocating for a kind of epistemic privilege. While incorporating standpoint experiences where they were previously excluded, it does not follow that those claims need not be evaluated. But the claims should be evaluated under criteria that accounts for biases. See Satya P. Mohanty, Literary Theory and the Claims of History: Postmodernism, Objectivity, Multicultural Politics (Oxford University Press, 1998).

20.

Satya P. Mohanty, Literary Theory and the Claims of History: Postmodernism, Objectivity, Multicultural Politics (Oxford University Press, 1998). Linda M Alcoff, “How Is Epistemology Political?,” in Radical Philosophy (Philadelphia, PA: Temple University, 1993).

21.

Anthony G. Amsterdam and Jerome Seymour Bruner, Minding the Law (Harvard Universty Press, 2000).

22.

I will explore the relationship homology between hate speech and pornography in later chapters.

23.

The Supreme Court famously rejects such an argument in Sweatt v. Painter (1950). In the case, the majority opinion argues that even if the tangible facilities at the Texas law school such as buildings and the number of library books were equal, the intangible features such as the alumni network would never be equal.

24.

Nancy Fraser, “Pragmatism, Feminism, and the Linguistic Turn,” in Feminist Contentions: A Philosophical Exchange, ed., S. Benhabib et al. (New York: Routledge, 1995).

25.

A comparison of these two cases will be defended in later chapters.

26.

See American Booksellers v. Hudnut 771 F. 2d. 323 (7th Cir. 1985).

27.

See Satya P. Mohanty, Theory and the Claims of History: Postmodernism, Objectivity, Multicultural Politics (Oxford University Press, 1998).

28.

See Alcoff, Fraser, and Mohanty.

29.

Catharine MacKinnon, Feminism Unmodified: Discourses on Life and Law (Harvard University Press, 1987). Catharine A. MacKinnon, Toward A Feminist Theory of The State (Harvard University Press, 1989). It is not the only difference from MacKinnon, but it is a significant one. My willingness to use poststructuralist insights, which MacKinnon eschews, is also another difference. At the same time, MacKinnon opens the philosophical terrain upon which I write and, so much of the argument, is simply indebted to her. Tracy E. Higgins, “Gender, Why Feminists Can’t (or Shouldn’t) Be Liberals,” 72 Fordham L. Rev. 1629 (2004). Available at: http://ir.lawnet.fordham.edu/flr/vol72/iss5/12.

30.

Carol Smart. Feminism and the Power of Law (New York: Routledge, 2015), 115.

31.

Stephen Macedo, Liberal Virtues (New York: Oxford University Press, 1990), 34-35.