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Textbook Beyond Speech Pornography and Analytic Feminist Philosophy 1St Edition Mikkola Ebook All Chapter PDF
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i
Beyond Speech
ii
Studies in Feminist Philosophy is designed to showcase cutting-edge monographs and collections that
display the full range of feminist approaches to philosophy, that push feminist thought in important new
directions, and that display the outstanding quality of feminist philosophical thought.
Beyond Speech
Pornography and Analytic
Feminist Philosophy
1
iv
1
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
9 8 7 6 5 4 3 2 1
Paperback printed by WebCom, Inc., Canada
Hardback printed by Bridgeport National Bindery, Inc., United States of America
v
CONTENTS
Index 259
vi | Contents
vii
LIST OF CONTRIBUTORS
aesthetics, including the relation between modesty and hypocrisy, the role
of intention in the interpretation of art, the notion of free beauty, the art
of portraiture, and the difference between erotic art and pornography. He
is editor of the essay collections Art and Pornography (Oxford University
Press, 2012) and Pornographic Art and The Aesthetics of Pornography
(Palgrave MacMillan, 2013).
Mary Kate McGowan is the Luella LaMer Professor of Women’s Studies
and Professor of Philosophy at Wellesley College. She works at the inter-
section of the philosophy of language, philosophy of law, and feminism,
and she has written several other articles on silencing. She can be reached
at: mmcgowan@wellesley.edu
Mari Mikkola is Professor of Practical Philosophy at the Humboldt-
Universität zu Berlin. Her work is mainly on feminist philosophy and,
in particular, on feminist metaphysics and feminist engagements with
pornography. Additionally, she has research interests in social ontology,
broadly conceived. Mikkola has published papers on these topics in vari-
ous journals and edited collections (for instance, in Analysis, Canadian
Journal of Philosophy, Inquiry, and Hypatia). Her latest work includes a
monograph on feminist philosophy and social injustice titled The Wrong
of Injustice: Dehumanization and Its Role in Feminist Philosophy (Oxford
University Press, 2016) and various papers on feminist and “mainstream”
metaphysics. She is also an editor of the open-access philosophy journal,
Journal of Social Ontology.
Lina Papadaki has been an assistant professor in philosophy at the
Department of Philosophy and Social Studies, University of Crete
(Greece), since 2009. She completed her Ph.D. thesis at Sheffield in 2006
and worked as a lecturer in the School of Philosophy, Birkbeck College,
University of London, between 2007 and 2009. Papadaki’s research in-
terests are in moral philosophy, bioethics, and feminist philosophy. Her
research currently focuses on the phenomenon of women’s sexual objec-
tification and on the application of Kant’s moral philosophy to bioethical
issues like abortion, euthanasia, and organ donation. Some of her recent
and forthcoming publications include “Abortion and Kant’s Formula of
Humanity,” Humana Mente: Journal of Philosophical Studies (2012),
“Treating Others Merely as Means: A Reply to Kerstein,” Utilitas (2015),
“What is Wrong About Objectification?,” Current Controversies in
Political Philosophy, ed. Thom Brooks, London: Routledge (2015), and
“Sexual Objectification,” The Philosophy of Sex: Contemporary Readings
List of Contributors | ix
x
(7th edition), eds. Alan Soble, Raja Halwani, and Sarah Hoffman, Rowman
and Littlefield Publishers, Inc. (forthcoming).
Petra van Brabandt teaches aesthetics, semiotics, art theory, and cultural
criticism at St. Lucas School of Arts, Antwerp, Belgium. She is member
of the research group Art & Narrativity. Her research focuses on sociopo-
litical dimensions of art. She writes and lectures about art and feminism,
queer art, art and pornography, art and postcolonialism, and art and labor.
Her current research concerns wet aesthetics in art and pornography.
Robin Zheng is an Assistant Professor in Philosophy at Yale-NUS College,
Singapore. She received her Ph.D. in Philosophy from the University
of Michigan and was a Visiting Junior Research Fellow in 2015–16 at
Newnham College, Cambridge. She specializes in ethics, moral psychol-
ogy, and feminist and social philosophy.
x | List of Contributors
xi
Beyond Speech
xii
1
http://www.independent.co.uk/news/people/news/playboy-is-art-not-porn-says-hefner-heir-
1.
2.
For more on these critiques, see West (2013).
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3
from being taken to be a refusal and sex is forced on her, she has not suc-
cessfully performed the illocutionary act of refusing the unwanted sex. In
so doing, pornography is the (illocutionary) subordination and silencing
of women.
As part of civil rights hearings, MacKinnon and Dworkin (1997) collected a catalog of first-
3.
hand stories of how the production of pornography has harmed individual performers: some were
sexually abused and/or threatened to take part; others had no other economic choices. Furthermore,
nonperformers have being attacked by perpetrators trying to reenact pornographic scenes or have
been abused by men who were taught by pornography that a woman’s “No” means “Yes.” This,
of course, does not imply that there are no positive stories from performers who have entered the
pornography industry despite other meaningful choices.
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5
Some have stressed the vast amount of research that supports the causal connection (cf.
4.
Donnerstein et al. 1987; Einsiedel 1992; Hald et al. 2010; Itzin 1992b; Mappes and Zembaty
1997; Russell 2000; Weaver 1992; Wyre 1992). Also note that a 1985 report by the U.S. Attorney
General’s Commission on Pornography found a unanimous causal link between pornography and
sexual violence. A powerful attack orchestrated by a Washington D.C. public relations company
ensued to discredit its findings (or as the company put it in a leaked letter: to deal with the
“problems” the report raised [cf. Itzin 1992a]). This campaign was successful in misrepresenting
and discrediting the commission’s findings. Furthermore, it managed to distribute misinformation
rather effectively because the report was initially published in an obscure Tennessee-based press and
was at the time largely unavailable to the wider public (Itzin 1992a, 11; see also Russell 1993a).
For more on the fictional character of pornography, see Cooke (2012), Eaton (2007), and Liao and
5.
Protasi (2013).
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Bird (2002) has attacked it on the very grounds that justify it: on the
grounds of speech act theory. Bird does not take issue with any empirical
claims about the effects of pornographic speech. Instead, he argues that
the Hornsby–Langton approach is philosophically indefensible because it
takes uptake as one of the success conditions for the illocution of refusals.
For Hornsby and Langton, if and when pornography prevents women’s lo-
cution “No!” from securing the required uptake (being taken as a refusal),
the locution will fail to count as a refusal, which amounts to an illocution-
ary disablement of the refusal. Bird rejects this, though, because (for him)
uptake is not part of the success conditions for illocutions in general or
for illocutionary refusals in particular (Jacobson [1995] makes a similar
claim). In response, others have defended the philosophical cogency of the
Hornsby–Langton approach (Maitra and McGowan 2009; Mikkola 2011).
Even though uptake may not be necessary for all illocutionary speech acts,
contra Bird and Jacobson, it is necessary for refusals because refusing is
a communicative act. And uptake for communicative acts like refusals is
part of their success conditions: if I intend to refuse your invitation, but
you interpret me to be accepting, I have not refused—I have merely at-
tempted to do so.
However, those critical of the silencing claim hold that we should reject
it on practical grounds too: it allegedly diminishes rapists’ responsibility.
Bird holds that if women’s refusals are silenced, rapists won’t be culpable
because they would not have committed rape. Bird’s view is akin to that of
Jacobson (1995), who takes the phenomenon of illocutionary disablement
to have the purportedly odd and problematic consequence that if women
fail to illocute refusals and sex is forced on them, we cannot call this
“rape.” And this is said to render the Hornsby–Langton view practically
indefensible. (For another variant of this argument, see Wieland [2007].)
Independently of one another, Mikkola (2011), Maitra and McGowan
(2009), and McGowan et al. (2011) have argued that the Hornsby–Langton
model does not diminish rapists’ culpability. The Hornsby–Langton view
is in trouble only if the lack of refusal entails consent. But this is false, and
we should not confuse consent with nonrefusal. Just think of cases where
someone has been drugged and is thus unable to refuse sex or show any
signs of resistance. Contra views critical of the silencing claim, Maitra
(2009) argues that there are different ways to understand the claim by
drawing on Paul Grice’s work rather than Austin. And there may be still
other ways in which pornography silences women even on the Austinian
model (McGowan 2009).
There are many further questions about what legally follows from the silencing claim. Some hold
6.
that even if pornography illocutionarily silences women, this is not the sort of harm that justifies
legally restricting pornography (R. Dworkin 1993; Jacobson 1995). Free speech does not extend
to our freedom to make illocutionary speech acts. Since pornographic speech does not literally
render women’s speech inaudible, there is no free speech case against pornography. In response,
some argue that free speech considerations may still demand restrictions on pornographic speech,
although they may not justify full censorship (Hornsby and Langton 1998; Langton 2009;
West 2003).
8 | Beyond Speech
9
10 | Beyond Speech
11
1.3.a. Harm
Although much has already been written about harm, many open questions
remain. This is particularly so when we take seriously the aforementioned
putatively feminist pornography. Furthermore, very little has been written
in recent analytic feminism about racism and the racialization of sexuality
1.3.b. Epistemology
As outlined above, Langton argues in her recent work that pornography
produces a distinctive kind of harmful maker’s knowledge. She further
holds that objectification is one mechanism that projects such pornographic
knowledge and that undermines women’s sexual autonomy. It is still an
open question, though, whether pornography involves this kind of mak-
er’s knowledge, some other kind of knowledge, or any knowledge at all.
Moreover, do pornographers have the authority to create maker’s knowl-
edge or enact some other norm-governed activities? This relates back to
harm: if pornography involves maker’s knowledge, is it of a harmful kind?
And does its harmfulness consist in women’s objectification? Might dif-
ferent kinds of pornography produce different kinds of knowledge—some
harmful, but others not?
1.3.c. Aesthetics
Although philosophers of art and cultural theorists have extensively de-
bated the relationship between art and pornography (cf. Maes and Levinson
2012), very few of these discussions intersect with those in analytic femi-
nist philosophy. This being the case, the collection aims to bring debates
about pornography and art together with those in feminist philosophy.
Subsequently, we should ask:
12 | Beyond Speech
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14 | Beyond Speech
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References
Antony, Louise. 2011. “Against Langton’s Illocutionary Treatment of Pornography.”
Jurisprudence 2: 387–401.
Arrowsmith, Anna. 2013. “My Pornographic Development.” In Pornographic Art and the
Aesthetics of Pornography, edited by Hans Maes, 287–297. Basingstoke: Palgrave
MacMillan.
Assiter, Alison. 1988. “Autonomy and Pornography.” In Feminist Perspectives in
Philosophy, edited by Morwenna Griffiths and Margaret Whitford, 58– 71.
Bloomington: Indiana University Press.
Austin, J.L. 1962. How to Do Things with Words. Oxford: Clarendon.
Baird, Robert, and Stuart Rosenbaum, eds. 1991. Pornography: Private Right or Public
Menace? Buffalo, NY: Prometheus.
Baker, Peter. 1992. “Maintaining Male Power: Why Heterosexual Men Use Pornography.”
In Pornography: Women, Violence and Civil Liberties, edited by Catherine Itzin,
124–144. Oxford: Oxford University Press.
Bauer, Nancy. 2015. How to Do Things With Pornography. Cambridge, MA: Harvard
University Press.
Berger, Fred. 1977. “Pornography, Sex, and Censorship.” Social Theory and Practice
4: 183–209.
Bianchi, Claudia. 2008. “Indexicals, Speech Acts and Pornography.” Analysis
68: 310–316.
Bird, Alexander. 2002. “Illocutionary Silencing.” Pacific Philosophical Quarterly
83: 1–15.
Butler, Judith. 1997. Excitable Speech: A Politics of the Performative. New York and
London: Routledge.
Califia, Pat. 1994. Public Sex. Pittsburgh, PA: Cleis.
Cameron, Deborah, and Elizabeth Frazer. 1992. “On the Question of Pornography and
Sexual Violence: Moving Beyond Cause and Effect.” In Pornography: Women,
Violence and Civil Liberties, edited by Catherine Itzin, 240–253. Oxford: Oxford
University Press.
Collins, Patricia H. 1993. “Pornography and Black Women’s Bodies.” In Making
Violence Sexy: Feminist Views on Pornography, edited by Diana Russell, 97–104.
Buckingham: Open University Press.
Cooke, Brandon. 2012. “On the Ethical Distinction Between Art and Pornography.”
In Art and Pornography, edited by Hans Maes and Jerrold Levinson, 229–253.
Oxford: Oxford University Press.
De Gaynesford, Maximilian. 2009. “Illocutionary Acts, Subordination and Silencing.”
Analysis 69: 488–490.
Donnerstein, Edward, Daniel Linz, and Steven Penrod. 1987. The Question of
Pornography: Research Findings and Policy Implications. New York: Free Press.
Dworkin, Andrea. 1981. Pornography: Men Possessing Women. London: The
Women’s Press.
Dworkin, Andrea. 2000. “Against the Male Flood: Censorship, Pornography, and
Equality.” In Feminism and Pornography, edited by Drucilla Cornell, 19– 38.
Oxford: Oxford University Press.
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