Art and pornography are often thought to be mutually exclusive. The present article argues that this popular view is without adequate support. Section 1 looks at some of the classic ways of drawing the distinction between these two domains of representation. In Section 2, it is argued that the classic dichotomies may help to illuminate the differences between certain prototypical instances of pornography and art, but will not serve to justify the claim that pornography and art are fundamentally incompatible. Section (...) 3 considers those definitions of pornography that make an a priori distinction between pornographic and artistic representations. The difference between the ‘merely’ erotic and the pornographic is also discussed in this context. Section 4 provides a critical assessment of the most recent and elaborate arguments against the compatibility of pornography and art. Finally, in Section 5, a case is made for the existence of pornographic art, as a subcategory of erotic art. (shrink)

The position of immoralism in analytic aesthetics and the philosophy of art holds that a work's moral defects can sometimes contribute to its artistic value. This position has suffered massive criticism in recent years. In support of immoralism, I present in this paper a new argument by examining immorality in the artistic genre of transgressive art. I argue that in the category of transgressive art, due to the nature of immorality that is a transgressive and liberating force against morality's authority, (...) being immoral can contribute directly to an artwork's artistic value by contributing to the realization of its artistic aim. (shrink)

This paper takes a bottom-up approach to empirically investigate how people construct the meaning of obscenity, and offers an experientialist, cognitive linguistic account to explain why the term appears to defy definition and makes a problematic legal concept. To study the contextual dependence of the term, we examined the extent to which various item characteristics (such as genre, context, and the race or celebrity status of the people portrayed) and individual variables (such as gender, religion, sexual orientation and previous personal (...) and cultural experiences) influence our perception of seemingly obscene materials. We report correlations that have not been previously shown. The data support the thesis that the meaning of obscenity emerges in a cognitive-affective response that arises during a dynamic process of interpretation, and thus allows for extralegal factors to influence judgment. The results challenge the assumption that obscenity is a symbolic representation of objectively existing reality and argue that community standard of obscenity is a legal fiction. (shrink)

The paper proceeds by criticising the central accounts of obscenity proffered by Feinberg, Scruton and the suggestive remarks of Nussbaum and goes on to argue for the following formal characterization of obscenity: x is appropriately judged obscene if and only if either x is appropriately classified as a member of a form or class of objects whose authorized purpose is to solicit and commend to us cognitive-affective responses which are internalized as morally prohibited and does so in ways found to (...) be or which are held to warrant repulsion and does so in order to indulge first order desires held to be morally prohibited or indulge the desire to be morally transgressive or the desire to feel repulsed or afford cognitive rewards or any combination thereof or x successfully elicits cognitive-affective responses which conform to conditions -. (shrink)