Pornography: Difference between revisions

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In current Western practice, there tends to be a separation into [[soft-core pornography|soft-]] and [[hard-core pornography]]. Very generally, soft-core pornograpy suggests sexual acts while hard-core depicts them. Legal and business practice further divides hard-core into that which is generally legally available to adults, and into certain subcategories that, such as [[child pornography]] or [[bestiality]], which are apt to lead to arrest. The line is not clear, as court decisions have, for example, allowed text-only child pornography as protected speech, but banned photographs since their production would be ''prima facie'' evidence of [[statutory rape]] or other crime against children.  
In current Western practice, there tends to be a separation into [[soft-core pornography|soft-]] and [[hard-core pornography]]. Very generally, soft-core pornograpy suggests sexual acts while hard-core depicts them. Legal and business practice further divides hard-core into that which is generally legally available to adults, and into certain subcategories that, such as [[child pornography]] or [[bestiality]], which are apt to lead to arrest. The line is not clear, as court decisions have, for example, allowed text-only child pornography as protected speech, but banned photographs since their production would be ''prima facie'' evidence of [[statutory rape]] or other crime against children.  


Another practical Western distinction is that obscenity tends to be illegal, or at least banned from some media. Not all obscenity, however, is pornographic, such as the [[Seven Words You Can Never Say on Television]], the subject of a [[Federal Communications Commission]] action against comedian [[George Carlin]], and a subsequent [[Supreme Court of the United States]] ruling, [[Pacifica Foundation v. Federal Communications Commission]]<ref>438 U.S. 726 (1978)</ref> Carlin deliberately challenged what appeared to be vague guidance, as television broadcasters, in search of improved ratings, produced increasingly "edgy" content. <ref name=Corcos2008>{{citation
Another practical Western distinction is that obscenity tends to be illegal, or at least banned from some media. Not all obscenity, however, is pornographic, such as the [[Seven Words You Can Never Say on Television]], the subject of a [[Federal Communications Commission]] action against comedian [[George Carlin]], and a subsequent [[Supreme Court of the United States]] ruling, [[Pacifica Foundation v. Federal Communications Commission]]<ref>''Federal Communications Commission v. Pacifica Foundation'', 438 U.S. 726 (1978)[http://supreme.justia.com/us/438/726/]</ref> Carlin deliberately challenged what appeared to be vague guidance, as television broadcasters, in search of improved ratings, produced increasingly "edgy" content. <ref name=Corcos2008>{{citation
  | title = George Carlin, Constitutional Law Scholar
  | title = George Carlin, Constitutional Law Scholar
  | author = Christine A. Corcos
  | author = Christine A. Corcos
Line 15: Line 15:
==Historical context==
==Historical context==
It is important to recognize that Western culture as exhibited in the United States [[soft core pornography]] and [[hard core pornography]] analogies are a small part of a much older broader history.
It is important to recognize that Western culture as exhibited in the United States [[soft core pornography]] and [[hard core pornography]] analogies are a small part of a much older broader history.
==Premodern and cross-cultural==
===Edo Period Japan===
Going back further into recorded history one can research the Eastern standards as exemplified in Japan’s [[Shunga]] art of the [[Edo Period]] (Old Tokyo). But shunga, as it is more commonly known, is actually a word for Japanese works of art, specifically Japanese erotic paintings that were made from the 16th to 18th centuries, by reputable painters of the [[Ukiyo-e]] (floating world) period. At the time purists of Japanese culture looked down upon Shunga art.  While artists thoroughly enjoyed painting erotica, they rarely signed their works, preferring instead to remain anonymous and not harm their careers as more serious, classical artists.
Going back further into recorded history one can research the Eastern standards as exemplified in Japan’s [[Shunga]] art of the [[Edo Period]] (Old Tokyo). But shunga, as it is more commonly known, is actually a word for Japanese works of art, specifically Japanese erotic paintings that were made from the 16th to 18th centuries, by reputable painters of the [[Ukiyo-e]] (floating world) period. At the time purists of Japanese culture looked down upon Shunga art.  While artists thoroughly enjoyed painting erotica, they rarely signed their works, preferring instead to remain anonymous and not harm their careers as more serious, classical artists.


While some Shunga canvases or prints (paintings on wood blocks) depicted sensual scenes of couples in love, others were intensely pornographic, revealing carnal love in all its splendor.  Artists exposed the human anatomy in full detail, without any concern for discretion or modesty.  However these works were always made with care and in good taste.
While some Shunga canvases or prints (paintings on wood blocks) depicted sensual scenes of couples in love, others were intensely pornographic, revealing carnal love in all its splendor.  Artists exposed the human anatomy in full detail, without any concern for discretion or modesty.  However these works were always made with care and in good taste.


Often printed as tiny booklets called "pillow books" or in the West referred to as “sex education”, shunga and related art also served as teaching guides for the sons and daughters of the Japanes bougeoisie.  From the paintings they learned the art of foreplay, sexual positioning, and proper hygiene. To this day, shunga remains one of the hidden treasures of traditional Japanese art.  Even Shunga is young compared to thousands of years of sexuality arts and sculptures of much older indigenous tribes across the world.  http://feelyourpassion.homestead.com/history.html
Often printed as tiny booklets called "pillow books" or in the West referred to as “sex education”, shunga and related art also served as teaching guides for the sons and daughters of the Japanese bourgeoisie.  From the paintings they learned the art of foreplay, sexual positioning, and proper hygiene.
===Victorian===
===Victorian===
[[Pornotopia]] is a theoretical fantasy world in which everyone is ready and willing to indulge in all kinds of sexual activity. The term was originally coined by literary scholar and author Steven Marcus<ref>{{citation
[[Pornotopia]] is a theoretical fantasy world in which everyone is ready and willing to indulge in all kinds of sexual activity. The term was originally coined by literary scholar and author Steven Marcus<ref>{{citation
Line 27: Line 27:
}}</ref> to describe the setting in Victorian pornography, specifically commenting on the work Romance of Lust. The term is now in general use and has been used as the title of many pornographic books, articles, websites, comics and videos, as well as being a hedonistic ideal.
}}</ref> to describe the setting in Victorian pornography, specifically commenting on the work Romance of Lust. The term is now in general use and has been used as the title of many pornographic books, articles, websites, comics and videos, as well as being a hedonistic ideal.
==Impact of technology==
==Impact of technology==
It has been suggested that no technology can be considered mature until it has been used to present pornography. Japanese printing technology is one example. The first pornographic movies closely followed the first commercial cinema. Due to the relative inconvenience of projection, the movies tended to be shown in niche theaters, or at clubs. Video tape playback, however, made it easy for individuals to watch them; one cynic said they put pornography into the home, where it belongs.
Pornography, for centuries, has been an [[early adopter]] of technology. <ref name=BW>{{citation
| title = Keep Your Eye on the Sexy Adult Industry for the Next Media Convergence Says Adult Video News Publisher
| journal = Business Wire |date = 2 July 2008
| url = http://findarticles.com/p/articles/mi_m0EIN/is_2008_July_2/ai_n27878958/}}</ref> Japanese printing technology is one example.  
===Moving images===
The first pornographic movies closely followed the first commercial cinema. Due to the relative inconvenience of projection, the movies tended to be shown in niche theaters, or at clubs. Video tape playback, however, made it easy for individuals to watch them; one cynic said they put pornography into the home, where it belongs.


DVDs, in turn, displaced video in the pornography market. Prerecorded media, are being displaced by the Internet.
===Internet issues===
Pornography is a multi-billion dollar industry, and, arguably, is among the most economically viable  Internet applications. <ref name=CNBC-BOP>{{citation
Pornography is a multi-billion dollar industry, and, arguably, is among the most economically viable  Internet applications. <ref name=CNBC-BOP>{{citation
  | url = http://www.cnbc.com/id/29960781
  | url = http://www.cnbc.com/id/29960781
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  | volume = 8  | year = 2003
  | volume = 8  | year = 2003
  | journal = Virginia Journal of Law and Technology, [[University of Virginia]]
  | journal = Virginia Journal of Law and Technology, [[University of Virginia]]
  | Cyber-Zoning a Mature Domain: The Solution to Preventing Inadvertent Access To Sexually Explicit Content on the Internet?
  | title = Cyber-Zoning a Mature Domain: The Solution to Preventing Inadvertent Access To Sexually Explicit Content on the Internet?
  | author = Russell B. Weekes}}</ref>
  | author = Russell B. Weekes}}</ref>
 
===Virtual pornography===
Technology further confuses the distinction with "virtual pornography", when it can be demonstrate that no actual child or animal, only computer graphics, were used to create some images.
Technology further confuses the distinction with "virtual pornography", when it can be demonstrate that no actual child or animal, only computer graphics, were used to create some images. While the U.S. Supreme Court ruled it was permissible in [[Ashcroft v. Free Speech Foundation]] (2002),<ref>Ashcroft, Attorney General, ''et al.'' v. Free Speech Coalition, ''et al.'', 535 U.S. 234 (2002) [http://www.law.cornell.edu/supct/html/00-795.ZS.html]</ref> there have been subsequent prosecutions. In [[Chattanooga, Tennessee]], Assistant District Attorney Dave Denny said "when you have the face of a small child affixed to a nude body of a mature woman, it's going to be the state's position that this is for sexual gratification and that this is simulated sexual activity," <ref name=CNN2009-06-25>{{citation
| publisher = [[CNN]]
| title = Tennessee man charged in 'virtual pornography' case
| date = 25 June 2009
| url = http://www.cnn.com/2009/CRIME/06/24/virtual.child.porn/index.html}}</ref>
==References==
==References==
{{reflist|2}}
{{reflist|2}}

Revision as of 22:23, 26 February 2010

Defining pornography is culturally and politically sensitive, but it can generally be described as pictures, text or multimedia, of real or imagined events, which are intended to trigger sexual, as well as possibly sensual and romantic, ideas in the viewer. It is is a subset of erotica. Some forms of pornography, within specific legal, cultural, and social norms, may also be considered -- or not considered -- obscenity, and thus be illegal.

It is an ancient and multicultural practice. While some social conservatives appear to insist that it became widespread only with television and the Internet, forms were prevalent in Pompeii, and even more so in Asia. Nevertheless, it is a key issue in current culture wars.

Basic Western context

In current Western practice, there tends to be a separation into soft- and hard-core pornography. Very generally, soft-core pornograpy suggests sexual acts while hard-core depicts them. Legal and business practice further divides hard-core into that which is generally legally available to adults, and into certain subcategories that, such as child pornography or bestiality, which are apt to lead to arrest. The line is not clear, as court decisions have, for example, allowed text-only child pornography as protected speech, but banned photographs since their production would be prima facie evidence of statutory rape or other crime against children.

Another practical Western distinction is that obscenity tends to be illegal, or at least banned from some media. Not all obscenity, however, is pornographic, such as the Seven Words You Can Never Say on Television, the subject of a Federal Communications Commission action against comedian George Carlin, and a subsequent Supreme Court of the United States ruling, Pacifica Foundation v. Federal Communications Commission[1] Carlin deliberately challenged what appeared to be vague guidance, as television broadcasters, in search of improved ratings, produced increasingly "edgy" content. [2]

Historical context

It is important to recognize that Western culture as exhibited in the United States soft core pornography and hard core pornography analogies are a small part of a much older broader history.

Edo Period Japan

Going back further into recorded history one can research the Eastern standards as exemplified in Japan’s Shunga art of the Edo Period (Old Tokyo). But shunga, as it is more commonly known, is actually a word for Japanese works of art, specifically Japanese erotic paintings that were made from the 16th to 18th centuries, by reputable painters of the Ukiyo-e (floating world) period. At the time purists of Japanese culture looked down upon Shunga art. While artists thoroughly enjoyed painting erotica, they rarely signed their works, preferring instead to remain anonymous and not harm their careers as more serious, classical artists.

While some Shunga canvases or prints (paintings on wood blocks) depicted sensual scenes of couples in love, others were intensely pornographic, revealing carnal love in all its splendor. Artists exposed the human anatomy in full detail, without any concern for discretion or modesty. However these works were always made with care and in good taste.

Often printed as tiny booklets called "pillow books" or in the West referred to as “sex education”, shunga and related art also served as teaching guides for the sons and daughters of the Japanese bourgeoisie. From the paintings they learned the art of foreplay, sexual positioning, and proper hygiene.

Victorian

Pornotopia is a theoretical fantasy world in which everyone is ready and willing to indulge in all kinds of sexual activity. The term was originally coined by literary scholar and author Steven Marcus[3] to describe the setting in Victorian pornography, specifically commenting on the work Romance of Lust. The term is now in general use and has been used as the title of many pornographic books, articles, websites, comics and videos, as well as being a hedonistic ideal.

Impact of technology

Pornography, for centuries, has been an early adopter of technology. [4] Japanese printing technology is one example.

Moving images

The first pornographic movies closely followed the first commercial cinema. Due to the relative inconvenience of projection, the movies tended to be shown in niche theaters, or at clubs. Video tape playback, however, made it easy for individuals to watch them; one cynic said they put pornography into the home, where it belongs.

DVDs, in turn, displaced video in the pornography market. Prerecorded media, are being displaced by the Internet.

Internet issues

Pornography is a multi-billion dollar industry, and, arguably, is among the most economically viable Internet applications. [5]

One problem specific to the Internet is the deliberate "mousetrapping" of users, not in search of pornography, to be deliberately exposed to it. A major motivator of such activity is a revenue model in which advertisers pay websites "per click" of a user on their site. [6]

Virtual pornography

Technology further confuses the distinction with "virtual pornography", when it can be demonstrate that no actual child or animal, only computer graphics, were used to create some images. While the U.S. Supreme Court ruled it was permissible in Ashcroft v. Free Speech Foundation (2002),[7] there have been subsequent prosecutions. In Chattanooga, Tennessee, Assistant District Attorney Dave Denny said "when you have the face of a small child affixed to a nude body of a mature woman, it's going to be the state's position that this is for sexual gratification and that this is simulated sexual activity," [8]

References

  1. Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978)[1]
  2. Christine A. Corcos (2008), "George Carlin, Constitutional Law Scholar", Stetson Law Review 37: 899-940
  3. Steven Marcus (1964), The Other Victorians: a Study of Sexuality and Pornography in Mid-Nineteenth-Century England
  4. "Keep Your Eye on the Sexy Adult Industry for the Next Media Convergence Says Adult Video News Publisher", Business Wire, 2 July 2008
  5. Porn: Business of Pleasure, CNBC, 15 July 2007
  6. Russell B. Weekes (2003), "Cyber-Zoning a Mature Domain: The Solution to Preventing Inadvertent Access To Sexually Explicit Content on the Internet?", Virginia Journal of Law and Technology, University of Virginia 8
  7. Ashcroft, Attorney General, et al. v. Free Speech Coalition, et al., 535 U.S. 234 (2002) [2]
  8. Tennessee man charged in 'virtual pornography' case, CNN, 25 June 2009