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When Law Defines Morality When Law Defines Morality

When Law Defines Morality - PowerPoint Presentation

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When Law Defines Morality - PPT Presentation

Mill On Liberty 200 Mill 1806 1873 Philosopher of science ethics economics Member of Parliament officer of British East Indies Company Major feminist voice with wife Harriet Taylor ID: 611433

law pornography obscenity sodomy pornography law sodomy obscenity sexual porn sex lawrence texas blasphemy beaches police free devlin marriage

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Slide1

When Law Defines MoralitySlide2

Mill, On Liberty,

200

Mill (1806 –1873): Philosopher of science, ethics, economics; Member of Parliament; officer of British East Indies Company

Major feminist voice with wife Harriet Taylor

Reworks utilitarianism of BenthamSlide3

South Florida Free Beaches v.

City of Miami,

199

South Florida Free Beaches, Inc argued that the City’s ban on nudity on its public beaches violates the First Amendment right to free speech (as freedom of expression)Slide4

Sodomy – A History

First considered under Church Law, becomes part of English criminal law in 1533 as capital offense

Only includes anal sex and bestiality until late 19

th

Century, not applied to women

1610: Virginia institutes first American sodomy law, capital punishment

1955: Model Penal Code delists sodomy

1961: Illinois decriminalizes sodomySlide5

Bowers v. Hardwick

(1986)

Georgia law criminalized sodomy without regard to gender or marriage

Hardwick arrested for private, consensual homosexual sodomy

Supreme Court majority recasts question as whether there is “a fundamental right [for] homosexuals to engage in sodomy”Slide6

 

36 States Decriminalized Sodomy before

Lawrence v. Texas

Yellow <1970, Orange 1970-89, Peach 1990-2002Slide7

Lawrence v. Texas (2003

),

A romantic partner of

Tyrone

Garner (Eubanks) called in a “man with a gun” to police. Police find Garner engaged in anal sex w/

Lawrence. Eubanks later serves two weeks for a false police report.Slide8

Lawrence v. Texas (2003

),

Texas "

Homosexual Conduct“ Act (Texas

Penal

Code, Chap.

21, Sec.

21.06) makes it a Class C misdemeanor

 

for anyone to "engage

in deviant sexual intercourse with another individual of the same

sex"Slide9

Devlin, “The Enforcement of Morals,” 202

Baron

Devlin (1905-1992): Roman Catholic English lawyer & trial judge, later a “Law Lord”

Writes “Enforcement of Morals” in response to

Wolfenden

Report (1965), that recommended decriminalizing homosexual acts in England (occurred in 1967)Slide10

Hart, Law, Liberty and Morality, 207

Hart was

Professor of Jurisprudence at

 

Oxford

Hart was bisexual and had an open marriage – his wife was intimate w/ Isaiah BerlinSlide11

Dworkin, “Devlin was Right,” 209

Gerald

Dworkin

,

Professor of Philosophy at

the University

of California,

Davis (no relation to Ronald)Slide12

Definitions

Obscenity

- from Latin,

obscenus

- not said.

B

eyond

First Amendment protection.

Obscenity includes pornography, but also includes

blasphemy

and

profanity

.

Pornography

- from Greek

pornographos

-

writing about prostitutes.

Material whose

primary purpose is to cause sexual arousal

;

n

ot all pornography is obscene.Slide13

Obscenity Originally

Restricted to Blasphemy

First known pornography prosecution,

Rex v. Read

(England, 1708) involved author of

The Fifteen Plagues of a Maidenhead

Acquitted. Court found book "bawdy stuff," but not criminal because it did not libel either the King or Religion.Slide14

Obscenity Originally

Restricted to Blasphemy

First known

successful

pornography prosecution,

Rex v. Curl

(England, 1727) involved author of

Venus in her Cloister, or the Nun in her Smock

Court found Curl guilty of “offence to religion” as the action involved clergy in sexual situations that mocked religious rituals.Slide15

Obscenity Originally

Restricted to Blasphemy

Massachusetts had only colonial statute condemning what today might be called pornography, but law required works be “in imitation of preaching or any other part of divine worship.”

Changes law in 1835 to replace religious requirement with “tending to corruption of the morals of youth.”Slide16

People v. Boomer,

271

Boomer is canoeing and tips over, swears loudly as he enters cold water

Michigan law states that:

Any

person who shall use any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child shall be guilty of a misdemeanor.Slide17

Porn, Porn, Everywhere!Slide18

Arguments against Pornography

Porn focuses

on body, not complete person

Sexual

gratification outside marriage

is wrong (or illegal)

Pornography undermines gender equality

Pornography

increases

sex crimes and/or reduces

sympathy for

victims

Porn contributes to a more vulgar society

Porn harms “performers”Slide19

Arguments against Censorship

Pornography is a harmless outlet for exploring sexual fantasies

No one has moral authority to determine what may be perverted or “prurient”

No proof that pornography increases sex crimes

Problem of defining pornography to include sexual discourse serving other valuesSlide20

Feinberg, “Obscenity as Pornography,” 241

Joel Feinberg, 1926-2004, philosopher at Princeton (later at U of Arizona)

Question: Is it consonant with liberal principles (only prohibit that which causes harm) to ban pornography?Slide21

American Booksellers Assn v.

Hudnut

, 237

Indianapolis ordinance results from alliance between radical feminists and Christian conservatives

Prohibits pornography in which women are shown as weak, submissive, or enjoying pain