C.M. Concepcion's review of “Pornography: An Uncivil Liberty?” fundamentally misconstrues the position defended in that article. This paper examines possible sources of this misconstrual, focusing critical attention on the narrowly crafted, morally loaded notion of “pornography” that figures centrally in the original argument under review. Pornography is not a category of speech that can be characterized as having one crucial meaning or message, nor is the message of pornography easily identifiable in instances of pornographic speech. This raises the problem of (...) interpretive privilege, which haunts many of the antipornography arguments being offered in the contemporary debate, including the author's own earlier argument. (shrink)

In pornography, standard modelling contracts often require a performer to surrender rights over their public image and sexual media in perpetuity and across mediums. Under these contracts, performers are unable to determine who accesses, for what duration, and under what conditions, their sexual media. As a result, pornography has been described by some performers as a “life sentence” - a phrase which, if true, violates some strong intuitions we share about the importance of autonomy in sexual activity. Using the framework (...) of “affirmative consent,” I argue that these contracts violate performers' rights to sexual autonomy, and ought therefore to be considered objectionable. Overall, I argue that the legal regimes we create have a strong impact on people’s lives, and more important than legislating individual outcomes, the type of infrastructure we build around people’s decisions has the potential to radically empower - or disempower - those engaged in sex work. (shrink)

Are horror films immoral? Gianluca Di Muzio argues that horror films of a certain kind are immoral because they undermine the reactive attitudes that are responsible for human agents being disposed to respond compassionately to instances of victimization. I begin with this argument as one instance of what I call the Argument from Reactive Attitudes (ARA), and I argue that Di Muzio’s attempt to identify what is morally suspect about horror films must be revised to provide the most persuasive interpretation (...) of the ARA. I then argue that the ARA provides a compelling standard for evaluating the moral permissibility of creating and viewing horror films, yet I note that it is an exceedingly difficult practical task evaluating the risk that these films create for our reactive attitudes. My conclusion is that the ARA provides a useful way or orienting ourselves to the complicated details of evaluating the moral status of horror films. (shrink)

El objetivo de este artículo es proponer cuatro condiciones éticas para la regulación de la pornografía en un Estado con tendencia liberal democrática: las dos primeras se relacionan con la producción del material pornográfico, la tercera con el contenido de dicho material y la cuarta con su repercusión social. De acuerdo con ello, en primer lugar, se presenta una definición de pornografía que incluye las perspectivas de las feministas radicales y liberales. En segundo lugar, se desarrolla un marco normativo para (...) determinar cuándo un material pornográfico es éticamente permisible y cuándo no. Finalmente, se sugiere una recomendación en relación a lo que el Estado debería hacer en cada caso y se hace una distinción entre tres ámbitos: las condiciones bajo las cuales es producido el material pornográfico, el contenido de lo que representa o describe, y sus consecuencias sociales. Se concluye que el Estado no debería censurar todos los materiales pornográficos, como las feministas radicales insisten, sino sólo prohibir y castigar aquellos que no cumplan con las condiciones éticas que se proponen. (shrink)

Rae Langton famously argues that pornographic speech illocutionarily subordinates and silences women. Making good this view hinges on identifying the context relevant for fixing such force. To do so, a parallel is typically drawn between pornographic recordings and multipurpose signs involved in delayed communication, but the parallel generates a dispute about the right illocutionary force-fixing context. Jennifer Saul and myself argue that if pornographic speech is akin to multipurpose signs, its illocutionary force is fixed by the actual decoding context: of (...) using/viewing pornographic recordings. By contrast, Claudia Bianchi argues that the relevant context is intended/expected decoding. Here I take issue with Bianchi’s view. Her intentionalist account faces two serious objections. First, the collapse objection: Bianchi’s intentionalist view is so formulated that it collapses into that endorsed by Saul and me. This undermines Bianchi’s case against us. Second, the dissonance objection: looking at a different aspect of Bianchi’s view, and one that does depart from the positions of Saul and myself, shows that her analysis is too intentionalist and cannot be used to elucidate pornography’s illocutionary force. Bianchi’s view should hence be rejected. This nevertheless leaves open further theoretical avenues of research, which I briefly discuss at the end of the paper. (shrink)

I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

Land art requires careful evaluation when assessing its aesthetic and ethical value. Critics of land art charge that it is unethical in that it uses nature without such use being justified by some future good. Other critics charge that land art harms nature aesthetically. In this essay, the author canvasses these charges and argues that some land art is ethically and aesthetically defensible, and that some has great and rare potential in both realms.

Academic discussion of pornography is generally restricted to issues arising from the depiction of adults. I argue that child-pornography is a more complex matter, and that generally accepted moral judgements concerning pornography in general have to be revised when children are involved. I look at the question of harm to the children involved, the consumers, and society in general, at the question of blame, and at the possibility of a morally acceptable form of child-pornography. My approach involves an objectivist meta-ethics (...) and a utilitarian view of practical ethics, and I bring out the advantages of these theories to the consideration of moral issues such as this one. (shrink)

This is a detailed encyclopedia entry on sex and sexuality, explaining the main issues and debates in philosophy about them.