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Rethinking democracy: legal challenges to pornography and sex inequality in Canada and the United States
Stockholm University, Faculty of Social Sciences, Department of Political Science.
2010 (English)In: Political research quarterly, ISSN 1065-9129, E-ISSN 1938-274X, Vol. 63, no 1, 218-237 p.Article in journal (Refereed) Published
Abstract [en]

Why are democracies unresponsive to well-documented injuries in the production and by the consumption of pornography? Legal challenges to pornography in Canada and the United States in which sexual subordination, not moral notions of "obscenity," were the driving rationale, show democracies inadequately recognizing gender-specific harms. Changes in Canadian obscenity doctrines to account for harm and inequality, in contrast with the U.S. reign of "free speech," did not deliver a corresponding change on the ground. Developments in democratic theory, international law, and the particular U.S.–Canadian legal trajectory, and consideration of the void of institutions articulating the interests of those victimized in and by pornography, suggest the need to adopt empowering civil remedies.

Place, publisher, year, edition, pages
Salt Lake City, 2010. Vol. 63, no 1, 218-237 p.
Keyword [en]
pornography; prostitution; freedom of speech; democracy; equality; feminist theory; comparative judicial politics; democratic theory; freedom of expression
National Category
Political Science (excluding Public Administration Studies and Globalization Studies) Law Law (excluding Law and Society) Law and Society
Research subject
Political Science; Legal Science; konstitutionell rätt
URN: urn:nbn:se:su:diva-37395DOI: 10.1177/1065912909349627ISI: 000275004100016OAI: diva2:300687

Originally published online Oct 16, 2009.

Available from: 2010-02-28 Created: 2010-02-28 Last updated: 2013-09-17Bibliographically approved

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Waltman, Max
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ReferencesLink to record
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