Democracy and Hierarchy
The chapter sets forth a political theory of what would make legal challenges to pornography successful. Obstacles are identified in early liberal concepts of “negative rights,” which prevent interventions against non-state abuses of power. A nuanced view of power recognizes “positive rights” to intervention. The feminist theory of consciousness-raising is explored, shedding light on the necessity of subordinated groups’ representation. Intersectionality theory illustrates how multiple disadvantages prevent redress for people harmed by pornography under existing laws. Hence, legal challenges are hypothesized to be more efficient when the perspectives and interests of survivor groups of pornography-related harms are represented. The postmodern position submitting that subordinated groups’ rights should not be recognized, claiming they will be misappropriated and “renaturalize” oppression, is criticized for being a reductionist anti-state position conflating social categorization with its material consequences, thus denying (like negative rights do) a politics that could challenge that same oppressive material reality.