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Pornography Suppose one accepts MacKinnon and Dworkins suggested statutory definition of pornography How does one who generally accepts MacKinnon and Dworkins views on the pervasively harmful effect of pornography and who accepts a need for legal redress of the harms perpetrated by pornography deal with pornographic material The second major problem with the ordinance for our traditional liberal legal framework is the identification of the source of the harm The liberal conception of autonomous individuals requires a particular victim and a particular perpetrator MacKinnon and Cole extensively consider the notion of women as victims of a social harm but give little consideration to the notion of the perpetrators of this harm beyond the simple definition of pornography For them it would seem that if we can identify pornography we can identify the source of the harm Clearly identification of the perpetrators is required before an action for redress can be launched under the ordinance Even though this is not a theoretical requirement of every system of redress for harm it is both a theoretical and pragmatic requirement for launching a civil action The frameworks of criminal law tort law and the OHRC all presume an identifiable perpetrator of a harm can be identified Even if it were not a legal requirement for a determination of entitlement to a remedy that one be capable of identifying the perpetrator it would be rather pointless to launch an action for damages or injunction if there were no identifiable legal person from whom to collect or upon whom the injunction would act The harm from pornography is not easily traced to a single source MacKinnon et al go to great lengths to point out the complexity of the problem of pornography that harm ensues not just because of what the content of pornography is but because of how the messages of pornography contribute to the social fabric of male hegemony Pornography institutionalizes the sexuality of
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