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Term Paper for Free Speech Pornography and the RelationshipBetween Law and MoralitySuppose one accepts MacKinnon and Dworkins suggestedstatutory definition of pornography How does one whogenerally accepts MacKinnon and Dworkins views on thepervasively harmful effect of pornography and who accepts a needfor legal redress of the harms perpetrated by pornography dealwith pornographic material The ordinance proposed by MacKinnon and Dworkin would dealwith such material by enacting legislation which gives peopleadversely affected by the works which clearly fit theirdefinition of pornography a cause of action against theproducers vendors exhibitors or distributors fortrafficking or for an assault directly caused by thespecific work I do not think liberals or others for that matter shouldhave much problem with the clause dealing with assault since acausal connection to specific works is demanded by it Howevers 32iii which deals with trafficking would be veryproblematic for liberals and legal conservatives because itcreates a cause of action for a person contrary to thetraditional conception of a rights holders cause of actionThis subsection reads Any woman has a claim hereunder as a woman acting against the subordination of women Any man child or transsexual who alleges injury by pornography in the way women are injured by it also has a claim emphasis added My goal in this paper is to suggest that a slightmodification to this subsection of the ordinance would make itvery difficult for liberals and legal conservatives to object toit This modification would restrict the cause of action to thesame persons as the other sections of the ordinance namely theparticular victim of the specified injury I shall argue thatsuch a modification would largely cohere with the conception ofharm already at work in Ontario law would afford only a minorreduction in the potential efficacy of such legislation incurbing the harm of pornography and would offer to empower thefeminist
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