Book Chapter

Constitutions, gender and freedom of expression: The legal regulation of pornography

K Gelber, A Stone

Constitutions and Gender | Edward Elgar Publishing Ltd | Published : 2017

Abstract

© The Editor and Contributors Severally 2017. All rights reserved. This chapter explores the intersection between constitutional law and feminist legal thought in the context of the legal regulation of pornography. We begin with a review of traditional approaches to the regulation of sexually explicit material, usually framed as the regulation of ‘obscenity’, a concept that focuses on the capacity of sexually explicit depictions to corrupt morals. We then turn to the ground-breaking work of Andrea Dworkin and Catharine MacKinnon, which reframed the constitutional question posed by the phenomenon of ‘pornography’ and which cast erotic sexual depictions as necessarily involving the subordinati..

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University of Melbourne Researchers