Pornography, Subordination, and Silencing

Author(s):  
Matthew H. Kramer

Whereas the first four chapters of this book have sought to articulate the content and implications of the principle of freedom of expression and have likewise sought to justify the sway of that principle as a moral absolute, the present chapter seeks to rebut some sophisticated arguments that have been propounded in recent decades by Rae Langton and other analytic feminist philosophers (including Ishani Maitra, Mary Kate McGowan, and Jennifer Hornsby) on the topic of pornography. With the aid of J.L. Austin’s speech-act philosophy, Langton has argued that the widespread availability of hard-core pornography in a society constitutes the subordination of women and causes the silencing of women. This chapter, the longest in the book, first refutes Langton’s claims about the constituting of women’s subordination and then contends that her claims about the causation of silencing—even if correct—are otiose as considerations in support of legal restrictions on pornography.

Author(s):  
Andrew Clapham

‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restriction according to a four-stage schema developed in human rights law. Is the right to life absolute? When is the detention of an individual lawful?


2020 ◽  
Vol V (IV) ◽  
pp. 217-227
Author(s):  
Nadia Saleem ◽  
Farasat Rasool

This article is aimed to provide an analysis regarding the freedom of expression on Twitter in the digital age. Freedom of expression in the digital age is the capability of an individual through which they are able to express their beliefs, thoughts, ideas and emotions on various issues via different social media platforms that are free from governmental censorship. These freedoms play a significant role, as now, each individual can have his/her own perspectives and school of thoughts; and can live his/her life as per own choice. The present study is a discourse analysis of the Pak-China relations debate as top trend hashtags on Twitter in 2020. The data was collected through Mozdeh Big Data Software. The top twenty tweets with the highest likes in seven trending hashtags have been studied as per Searle's Speech Act Analysis. The study shows that how Twitter as a social media platform provides a forum of free debate for everyone.


Author(s):  
Matthew H. Kramer

Freedom of Expression as Self-Restraint rigorously expounds the principle of freedom of expression, and provides a novel justificatory foundation for it. Under that principle, a system of governance in any society can legitimately prohibit various modes of communication but cannot ever legitimately prohibit them qua modes of communication. As the book argues, such a principle is absolute in that it is exceptionless; it imposes general duties that are binding always and everywhere on every system of governance. In addition to injecting a new level of philosophical sophistication into the debates over these matters, the book supplies a novel justification for the principle of freedom of expression. It ties that principle to an ideal of governmental self-restraint, and it shows how that ideal connects to the paramount moral responsibility of every system of governance: the responsibility to bring about the political and social and economic conditions under which every member of a society can be warranted in harboring an ample sense of self-respect. In short, compliance by a system of governance with the principle of freedom of expression is integral to the fulfillment of that paramount responsibility. Kramer lengthily engages with arguments by feminists in favor of legal restrictions on pornography, and with prominent arguments in favor of banning the advocacy of hateful creeds. While accepting that some types or instances of pornography and hatemongering can properly be proscribed, he maintains that most types and instances of those modes of communication are morally protected by the principle of freedom of expression.


2017 ◽  
Vol 13 (16) ◽  
Author(s):  
Külliki Kuusk

Teesid: Artikkel vaatleb Uku Masingu poeetilist keelekasutust, täpsemalt tema metafoorsete keeleväljendite mõistmise ja moodustamise protsesse. Lähenedes tema luulele kognitiivse keeleteaduse meetoditega, kirjeldatakse, kuidas boreaalne vaimsus toob esile Masingu luule boreaalset isikupära.S U M M A R YThis paper focuses on the poetic language use of Estonian poet and theologian Uku Masing, and more speci­fically on his comprehension and construction of metaphorical linguistic expressions. One of the most unique authors in Estonian literature, his exceptional intellect and body of work, which covers a range of topics, have established him as a phenomenal figure in Estonian culture. Masing was a part of the ‘academics generation’ of Estonian literature in the 1930s. He completed his master’s degree at the age of twenty-one on the science of the Old Testament and Semitic philology (1930) and was probably one of the youngest MA degree holders at the University of Tartu at the time. Upon receiving his PhD in 1934, he published his first collection of poetry.Uku Masing’s religious poetry is a unique phenomenon in Estonian literature, both in its style and form. His poetry is so multi-layered that we could truthfully call him a mystic, shaman, soothsayer, or visionary, which explains the difficulty different generations have had in understanding him. It is important to note that being a poet and theologian during the years of Soviet Occupation (1940–1991) meant the doors to most publications were closed to Masing; therefore, aside from Neemed vihmade lahte (1935), he composed all of his poetry collections without considering the possibility of publishing them. Masing’s bibliography is a telling example of Soviet censorship and the lack of freedom of expression. The reception of his poetry at home showed signs of awakening after the political situation changed in 1987; however, ten more years passed before the first appearances of research on Masing’s work and worldview.The formation of Masing’s individual style would not have been possible without examples or fulcrum, which he found from his the surrounding culture, namely from archaic Estonian folksong (regilaul) traditions. Masing uses repetition the same way as it is appears in Estonian folksongs, through semantic parallelism with varying subjects of repetition. Via variation, he pursues precise expressions in such a way that his poetics resembles regilaul while retaining similarities to collective mythological patterns and religious influences.This paper illustrates the importance of the linguistic role of the ”I“ speech act in the interpretation of Masing’s poetic figures, including parallelism, and relies partially on pragmatics, since poetic figures in his poetry refer not only to the individual speech act of the here and now, but also to the subjective mythological reality of the ”I“ in an utterance. To describe a speech event in Masing’s poetry, one must first assume that his poetry is understood as a dialogical sensory or communication act. Secondly, when observing referentiality, one must assume that different levels of language use (i.e., the differentiation of Saussure’s langue and parole) also exist, which influence the semantic understanding of the sentence and utterance level of his work.Until recently, the hidden and repetitive patterns in Masing’s work have largely gone unnoticed. To many, his poetic language consists of a lexicon known only to him. When considering the basis of his creative process, I find that conceptual theory of metaphor, a cognitive linguistic approach popularized in the 1980s, helps to make sense of his poetic language system and, additionally, to differentiate the archaic boreal mentality and mytho-poetic symbols containing universal cultural meaning.The current article primarily uses material from Masing’s 1930s body of work, but also references later periods when necessary. I will show how Masing’s creative conscious is based on image schema, which in turn are based on archaic mythological patterns. These patterns form a corresponding system of concept formation in the text.The primary goal of this analysis is to observe Masing’s body of work, regardless of genre, be it poetry or prose, fact or fiction. Although many critics have analyzed Masing’s linguistic and theological ideas, mostly drawing from his essays and articles, this paper’s author finds that Masing’s poetry and essays are not two separate phenomena, but rather originate from one cultural-philosophical foundation.The article starts by following Masing’s own three-step division of the evolution of culture/belief: primal symbiosis – analytical phase – new synthesis. These three steps are considered to be different aspects of the human mentality, and accordingly, can be used to differentiate conceptual metaphor as different degrees of the ”I“ identity. Masing’s metaphorical models are constructed from his poetic utterances and divided into two large groups. This article aims to explain how conceptual metaphor based on experience can be interpreted on a wider cultural level as well as how boreal spirituality gives rise to Masing’s poetic boreal identity. 


Author(s):  
Anushka Singh

It traces the discourse on freedom of expression in postcolonial idea, the security imperatives of the state, the political history of the law of sedition post-Independence and its journey within the courts. Through this, an attempt at conceptualizing public order, security of state and other grounds along which the act of sedition is penalized, is made. This chapter begins with debates on sedition within the Constituent Assembly and systematically takes these debates to the higher courts in India employing legal hermeneutics to read into the judgements and deduce a theory of sedition coming from the judiciary. The chapter treats the judicial pronouncements as contributing to the study of sedition as a speech act to identify what emerges as the crime of sedition within the legal-juridical regime in India.


Author(s):  
Matthew H. Kramer

Although the principle of freedom of expression is a moral absolute that imposes general duties which bind all systems of governance always and everywhere, it is consistent with various legal or governmental restrictions on modes of expression—provided that those restrictions are directed against the modes of expression not qua modes of expression but instead qua communication-independent misconduct. This chapter explores this aspect of the principle of freedom of expression by cataloguing various types of communicative conduct that can properly be subjected to legal restrictions. Among those types of communicative conduct are perjury, libel, solicitation to commit a crime, true threats, fighting words, incitement (in the sense of the term articulated by the U.S. Supreme court ruling in Brandenburg v Ohio), and fraud. All of these types of communicative conduct, along with several others, can be legally prohibited in accordance with the principle of freedom of expression.


Author(s):  
Jeremy Fantl

This chapter explores three arguments that you have at least a pro tanto obligation to engage even with those positions you find obviously false. First, as some informal logicians argue, an obligation to engage can be sourced in the nature of the practice of argumentation itself. Second, taking off from Mill’s argument for universal freedom of expression, an obligation to engage can be sourced in its good epistemic consequences. Third, an obligation to engage can be sourced in the rights or agency of the person whose position it is. This might be because, following Rawls and political liberalism generally, it is only legitimate to impose legal restrictions on those whose voices have a chance to influence the democratic process. Or perhaps people have an intrinsic right to be listened to.


Author(s):  
Amy Adele Hasinoff

This chapter examines the consensus that teenagers should have no right to sext and argues for the decriminalization of consensual teen sexting. It begins with a discussion of two cases at the beginning of the moral panic about sexting in 2009: in the first, the American Civil Liberties Union supported three girls who were threatened with child pornography charges by an overzealous prosecutor; the second case is the development of Vermont's sexting legislation in 2009. The chapter then considers the main problems with the criminalization of consensual sexting: the uneven application of the law, punitive and unfair education programs, and the silencing of victims whose privacy has been violated. It also outlines arguments in favor of allowing teens to sext, contending that this could, among other things, confirm their right to freedom of expression. The chapter concludes by contending that it may be more practical to think about regulating consensual sexting as a sex act (rather than a speech act).


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