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In Harm’s Way: The Pornography Civil Rights Hearings [Hardcover]

Catharine A. MacKinnon (Editor), Andrea Dworkin (Editor)
3.0 out of 5 stars  See all reviews (4 customer reviews)


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Book Description

0674445783 978-0674445789 February 15, 1998

This book contains the oral testimony of victims of pornography, spoken on the record for the first time in history.

Speaking at hearings on a groundbreaking antipornography civil rights law, women offer eloquent witness to the devastation pornography has caused in their lives. Supported by social science experts and authorities on rape, battery, and prostitution, discounted and opposed by free speech advocates and absolutists, their riveting testimony articulates the centrality of pornography to sexual abuse and inequity today.

At issue in these hearings is a law conceived and drafted by Andrea Dworkin and Catharine A. MacKinnon that defines harm done through pornography as a legal injury of sex discrimination warranting civil redress. From the first set of hearings in Minneapolis in 1983 through those before the Massachusetts state legislature in 1992, the witnesses heard here expose the commonplace reality of denigration and sexual subordination due to pornography and refute the widespread notion that pornography is harmless expression that must be protected by the state.

Introduced with powerful essays by MacKinnon and Dworkin, these hearings--unabridged and with each word scrupulously verified--constitute a unique record of a conflict over the meaning of democracy itself--a major civil rights struggle for our time and a fundamental crisis in United States constitutional law: Can we sacrifice the lives of women and children to a pornographer's right to free "speech"? Can we allow the First Amendment to shield sexual exploitation and predatory sexual violence? These pages contain all the arguments for protecting pornography--and dramatically document its human cost.


Editorial Reviews

Review

In Harm's Way [is] essential reading. In the Eighties Professor Catharine MacKinnon and Andrea Dworkin drafted an anti-pornography civil rights law in support of which witnesses to the harm done by pornography were called at public hearings in Minneapolis (1983), Indianapolis (1984), Los Angeles (1985), and Boston (1992). Those horrified by the idea of any form of censorship may be shocked to learn that this is the first time the full texts (transcripts plus excellent introductions) have found a publisher in the United States. (Bel Mooney The Times )

Dworkin's and MacKinnon's work has informed debates about pornography and its effects all over the world. Though many...have disputed the wisdom of enacting legal proscriptions that may be invoked to suppress literature beyond the contemplation of their framers, the message underlying the campaign is powerful and far-reaching...The voices of the pornography survivors...make the most compelling--and the most distressing--reading...[This is] an important social document. We should be grateful for Dworkin's and MacKinnon's perseverance in bringing it to the light of day. (Times Higher Education Supplement )

[In Harm's Way] brings the reader actual transcripts of hearings conducted relative to proposed ordinances in Minneapolis, Indianapolis, Los Angeles, and Massachusetts. MacKinnon wrote chapter one and Dworkin wrote chapter two to introduce the subject of pornography, its victims, and the history of public policy developments on the issue...In addition...MacKinnon...provide[s] elucidation and answer[s] arguments presented by opponents of the legislation [at other points in the text]...Dworkin presents a rather eloquent personal story of her life in a society that she believes routinely and systematically denies rights to women. In relating her story of living with a man who abused and terrorized her, she shares the misery of having unsuccessfully sought refuge and assistance from others...The authors are to be applauded for their evenhandedness in including not only the stories of the victims with whom they sympathize but also the comments of those who made serious arguments against the validity, legality, usefulness, and consequences of [their] proposals. (Gloria C. Cox Law and Politics Book Review )

Everyone who has ever taken sides in the debate about permissible limits to free speech in our society should read this book. It should be read by those who believe that freedom of speech should be absolute, as well as by those who yearn for more regulation of sexually explicit materials on the Internet, in books and magazines and on film...It is a fascinating collection of testimony on both sides of this issue. It is unlike other books on this debate since...it presents the facts as they stand and lets the reader decide. (Bimonthly Review of Law Books )

Highly recommend[ed]...What makes [In Harm's Way] both unique and important is that [it] give[s] voice to unpopular and stifled views. [It] defiantly call[s] for social chance and pose[s] difficult questions in a world addicted to instant gratification and slick PR campaigns...A must for anyone interested in the future of love, sex and gender relations. (A. J. S. Media Watch )

Review

These hearings provide the underpinnings for a legal initiative that has gotten enormous attention, that raises a host of important and interesting issues, and that has often been misunderstood. [It constitutes] an important addition for academics and for others to the pornography debate. (Cass Sunstein, University of Chicago Law School )

Product Details

  • Hardcover: 508 pages
  • Publisher: Harvard University Press (February 15, 1998)
  • Language: English
  • ISBN-10: 0674445783
  • ISBN-13: 978-0674445789
  • Product Dimensions: 9.6 x 6.6 x 1.3 inches
  • Shipping Weight: 1.8 pounds
  • Average Customer Review: 3.0 out of 5 stars  See all reviews (4 customer reviews)
  • Amazon Best Sellers Rank: #5,258,860 in Books (See Top 100 in Books)

 

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43 of 63 people found the following review helpful:
1.0 out of 5 stars Dworkin/MacKinnon: Meese/Dobson: the domestic violence nexus, August 18, 2001
By 
Laon (moon-lit Surry Hills) - See all my reviews
This review is from: In Harm’s Way: The Pornography Civil Rights Hearings (Hardcover)
This book is a product of the Meese Commission established by President Reagan to repudiate the findings of the Nixon-appointed Commission investigating pornography which, after wide consultation, found no evidence that exposure to pornography leads to criminal conduct. The Meese Commission avoided coming to this "wrong" conclusion by not calling for or consulting studies (in the peer-reviewed academic sense) and instead relying on anecdotal claims largely supplied by MacKinnon and Dworkin.

This book is a product of that commission in two senses. First, is through the Meese Commission that Dworkin and MacKinnon rose to fame as the feminists acceptable to the religious right (though as their agenda became clearer they became decreasingly acceptable to other feminists). Second, this book is a replica of the kind of evidence given to the Meese Commission, except that Edwin Meese himself has had to be removed from the picture. That slight revision is necessary because Dworkin/MacKinnon ally Meese resigned as Attorney-General on 16 May 1988, embroiled in a sea of scandals (Iran/Contra, the Inslaw affair, etc), that made him perhaps less credible as an authority on morality. Thus the same case had to be presented again, in a Meese-less setting.

The evidence and arguments are the same in the ironically named _Civil Rights Hearings_ as for Meese, and suffer the same faults. The real agenda is both women's amply documented objection to heterosexuality itself (Dworkin once wrote that heterosexual contact might be acceptable _so long as the man's penis is not erect_, which is of course a gracious concession.) However as anti-heterosexuality is one form of bigotry that will NOT play well with the religious right, it was necessary to hide this agenda behind other issues.

Exploitation of workers in the porn industry is one such issue. But anyone who has worked in industries where unskilled woman predominate, for example factories and fruit-picking, and who has read and heard about pay and conditions in the porn industry, knows that porn is a less exploitative employer than most. It's no surprise that so many women, and men, choose to work in it. Despite Dworkin/MacKinnon's best rhetoric, porn doesn't seem even in the top 1,000,000, as bad employers go. So if Dworkin/MacKinnon were motivated by concern for exploited women workers, logically they'd be working with women meat workers, night-time office and factory cleaners, etc: dangerous jobs that pay peanuts. But if they did believe that porn actors are unusually exploited, and that mistaken perception were really the basis of their concern, then logically they would be supporting the union-like organisations run by and for porn workers, that (like increasing numbers of porn companies) are mainly run by women. But actually they show no sisterhood for women in porn: the "right-wing women", the sexual traitors that MacKinnon/Dworkin would like to force out of work and into other jobs, more unpleasant and less well-paid, are clearly held in hatred and contempt by both writers.

(Any record in any medium involving children or non-consenting adults is a different kind of case. In those cases the photograph or film is the record of a crime against the child or other person. The footage can and should be used to find and prosecute those responsible, along with those in the distribution and consumption chain who help the perpetrators profit from their crime. But to pretend, as McKinnon/Dworkin do in trying to score a point, that a torture movie shot in Chechnya, or footage of a child being abused, is morally the same as fantasy footage involving willing and quite well paid actors, is an obscene trivialisation of real human suffering. MacKinnon/Dworkin's rhetorical methods do sometimes lead them unto evil.)

Another issue, and a valid one, is misogynist sub-texts in porn. But if misogyny were truly their concern and not dislike of sexual content, then MacKinnon/Dworkin would be more concerned by far more misogynist genres: crime thriller, horror, teen gross-out comedy, and, of course, the media products of their own allies on the religious right. And they would be supporting women who produce pro-women porn. But instead their choice of target is consistent with people who dislike sex, not misogyny.

But there is another sub-text left over from the Meese Commission that launched this book. One of the commissioners was Dr James Dobon, author of _Dare to Discipline_, a manual advocating that parents have the "courage" to hit their children, not only with hands but with sticks, strips of leather and other instruments. Dobson even gives suggestions on how to hit babies still in diapers. It's not relevant to debate Dobson here, only to note that few feminists would support an advocate of domestic violence, which includes violence against children. Many feminists believe that men who hit children are much more likely to hit women as well, and in any case some babies are girls! But in _In Harm's Way_, as elsewhere, MacKinnon/Dworkin not only fail to attack this colleague of theirs; instead they do their best to bolster his, and his Commission's, credibility.

A feminism that refuses to distinguish between torture and fantasy, and that thinks a photograph or film showing a penis and a vagina in close proximity is so evil that it justifies cuddling up to advocates of domestic violence, is feminism that has gone on a strange, mad, journey and turned into something else. The utopia that MacKinnon/Dworkin argue for resembles no place on earth so much as Afghanistan under the Taliban, where all erotic images of women, among much else, have been ruthlessly suppressed. Oh yes: and corporal punishment within families has state and religious encouragement. But the women trapped in that ghastly place show no signs of feeling, as MacKinnon/Dworkin might say, "empowered". This is a mad and hypocritical, anti-feminist, book.

Cheers!

Laon

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10 of 20 people found the following review helpful:
5.0 out of 5 stars magnificent, April 3, 1999
By A Customer
This review is from: In Harm’s Way: The Pornography Civil Rights Hearings (Hardcover)
Everyone should read this book and renew their admiration for the almost inconceivable courage of Andrea Dworkin. She shows once again that at the heart of the white male agenda of hatred is not merely rape but Murder.
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12 of 28 people found the following review helpful:
1.0 out of 5 stars An ideal book for people who hate men and think sex is evil., April 8, 1999
By A Customer
This review is from: In Harm’s Way: The Pornography Civil Rights Hearings (Hardcover)
If you think that all heterosexual sex is rape, if you think that male-female relations are necessarily unequal and unjust, if you think that hyperfeminist extremism has higher value than the First Amendment -- if, in short, you're nuts, you'll love this book. The authors express these bizarre sentiments. People who live in the real world would be better off reading something else.
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