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Women and Law - Essay Example

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My focus in today's presentation is on the concern of the feminists on issue of pornography and to answer the questions given us to resolve in the presentation. It has been the great concern of the feminists to highlight ways in which women are portrayed in advertising, television programmes, drama, magazines, newspapers, and so on…
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Women and Law Essay
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Women and Law

Download file to see previous pages... The others are not in favour of clamouring against the law either because they have no trust on the authorities to address this issue or they do not take pornography as harmful. However, both statute and common law phrase the question very differently: as a matter of public morality.
The definition of Pornography.: This has been problematic. To sexual liberals pornography is about sex whereas the feminists see it as having potential to arise a physiological response in a male audience. See Sex and Gender in the Legal Process, Blackstone Press, 1996
Dworkin (1989) goes farther while saying that it has an implicit hatred for women. It degrades woman who is simply presented as an object. See Andrea Dworkin. Pornography: Men Possessing women. E.P Dutton, 1989. On the other side many people reject this idea. They do not see it as exploitative of women. The fact is that many of the pro-pornography feminists have paid no significant
attention to take it as separate issue. They did not go beyond definition, given in The American Heritage Dictionary (1973) "Written, graphic or other forms of communication intended to excite lascivious feelings".
English law does not discuss or define pornography as it is defined by the anti-pornography feminist; instead, it relies upon the concept of "obscenity". The definition of obscenity is given in section 1 of the Obscene Publications Act 1959. Going through all the articles we find the concern of this law is not its content but its effect upon viewers. The aim of the Act is "to protect the less innocent from further corruption". See for detail the case (DPP v Whyte [1972] 3 All ER 12) and. (Clader and Boyars Ltd [1969] 1 QB 151) in which the effected are defined as persons, who are likely to read, see or hear the matter"
The leading cases do not discuss pornography in the traditional sense, but are rather concerned about "immoral" behaviour being promoted or facilitated: Shaw (Shaw v DPP [1961] AC 220,) was concerned with a "directory" giving details of prostitutes, while Knuller v DPP [1973] AC 435 involved the prosecution of a magazine which carried contact advertisements from gay men.
It is also observed that English Law treats pornography as a moral issue and European Union is concerned with the economic issue. See Jo Bridgeman and Susan Millns, Feminist Perspectives on Law: Law's Engagement with the Female Body, Sweet & Maxwell, 1998. Thus the European cases which also form part of English law focus upon free movement of goods. It means that it is like making human bodies as market objects.

Thus, many feminists attribute that women's subjection in terms of their use either as role models in magazines or in sexually explicit movies can be understood as sexual function that not only manifests the male power to create categories between women but also promotes women's role as a weaker utility which affects our society.
It is not necessary that photographs in magazines are sexually explicit, but what concerns us is that one way or the other the substantial number of the bodies which the magazine or a movie portrays encourages the material which is classed as pornographic. Anya don't have any particular need to advice Bob on importing such material, but what she can suggest is to make Bob realize that since pornography do not require a rule-based defense in the way that so many of women's vital interests do, therefore it is not ...Download file to see next pagesRead More
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