Obscenity v Pornography

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Obscenity v Pornography

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1bardsfingertips
Feb 5, 2010, 2:54 pm

I just saw this quote and found it to be interesting.

“Obscenity is a cleansing process, whereas pornography only adds to the murk.”
—Henry Miller

Feel free to discuss.

2heatherheartsbooks
Feb 5, 2010, 3:01 pm

Reminds me of Oscar Wilde's introduction to "The Picture of Dorian Gray", after the book was declared immoral and "full of dangerous paradoxes". He wrote that books are neither immoral nor moral, but either well written or poorly written, and that is all. : )

3Jesse_wiedinmyer
Feb 5, 2010, 3:08 pm

Anyone know how the defense functioned in Miller's obscenity trial?

Did they argue that the books, though obscene, had redeeming qualities? Or did they argue that the books did not count as obscene?

4bardsfingertips
Feb 5, 2010, 3:32 pm

The defense cited another case that was decided at the same time: http://en.wikipedia.org/wiki/Jacobellis_v._Ohio

5K.J.
Feb 5, 2010, 11:07 pm

Along the same lines, although more to magazines, than books, this brought a smile to my face, after a deep sigh of bewilderment:

http://www.theweek.com/article/index/105766/Australias_small_breast_ban

6thekoolaidmom
Feb 5, 2010, 11:27 pm

Funny this topic coming up, because this is exactly what I've struggled with in my reading this past month or so. In the obscenity corner of my reading is Push by Sapphire, and it really does have that sense of cleansing and healing, whereas Any Given Doomsday and The Blue Notebook had a real porny feel to them. I know with The Blue Notebook it was the lack of emotion from the m.c. who was also the narrator that gave it a feeling of being Gorean kiddie snuff porn.

7Mr.Durick
Feb 6, 2010, 12:14 am

I don't believe that Any Given Doomsday is good enough to be pornography.

Robert

8CliffordDorset
Feb 7, 2010, 10:09 am

I haven't found a reasonable use for the word 'pornography' except as an expression of its user's dislike or embarrassment with the particular style or content of whatever work of erotic literature is being addressed. The word is (for me) more an expression of subjectivity than an objective descriptor.

'It turns me on, and I'd be happy to argue openly that this book is literature, so it's 'erotic literature'.

or

'It turns me on, but I keep it hidden from my neighbours, so it's 'pornography'.

9alaudacorax
Mag 25, 2010, 4:50 pm

This thread is confusing to me. Was Miller being deliberately perverse?

The OED definition of obscenity is actually rather more pejorative than that of pornography - basically, obscenity is offensive while pornography is arousing. Was Miller arguing that it is cleansing to be offended?

Actually, it seems to me that the way the word 'pornography' is commonly used is rather more pejorative than the dictionary has it. It seems to me that if you find it obscene you call it pornography, if you find it titillating or arousing you call it erotica. In that light, was Miller arguing that pornography is cleansing, as opposed to erotica the murk-maker?

Or was he just being a clever-dick, trying to shock for the sake of it?

10krolik
Mag 26, 2010, 5:07 am

>9 alaudacorax:
Miller is not a particularly coherent thinker and doesn't have a theory, exactly, but generally speaking, he's a product of his time and there is a strong puritannical undercurrent in his depictions of sex. It's still "dirty", even if it's "good dirty". The chapter on Miller in Kate Millett's Sexual Politics describes this well. It hasn't aged badly at all, which is unusual in discussions on this subject.

Ironically, the OP Miller quote on obscenity's "cleansing" role echoes the Judge Woolsey criterion in his ruling lifting the ban on Ulysses in the U.S., where he said that it was "emetic" and not "aphrodisiac". That's always made me scratch my head. So: if it makes me throw up, it's OK? Got it!

11alaudacorax
Giu 1, 2010, 4:42 am

#10 So 'aphrodisiac' is the bad thing? Reminds me of the old saying we had in the UK - "Obscenity is whatever gives the judge an erection."

12bookmonk8888
Modificato: Giu 25, 2010, 3:34 pm

re 8 D.H. Lawrence, whose book "Lady Chatterer's Lover" was banned in the USA said: "Pornography is the attempt to insult sex, to do dirt on it". Erotic literature does not insult sex. On the contrary, it shows the beauty of it.

13bookmonk8888
Giu 10, 2010, 4:49 am

> 11 Love it. There was a case here in the USA where a judge was constantly masturbating during lawsuits. I think he was disbarred.

14bookmonk8888
Giu 10, 2010, 4:57 am

> 11 And Bertrand Russell said: “It is obvious that ‘obscenity’ is not a term capable of exact legal definition; in the practice of the courts, it means ‘anything that shocks the magistrate".

15TLCrawford
Giu 10, 2010, 8:30 am

Back when the Hamilton County persecutor was going after votes by harassing Larry Flint he, Flint, mailed out a flyer titled “The True Obscenity” to ever address in the county. It was an argument that violence, not sex was obscene and featured photographs showing what people do to each other. He convinced me.

Many people wanted him charged again with distributing obscenity over the flyer but the Prosecutor pointed out that there was no law against distributing images of violence, only images of sex.

16alaudacorax
Modificato: Giu 10, 2010, 9:08 am

#13 - I've edited this three times trying for a suitably euphemistic expletive. I'm gobsmacked!!!

17CliffordDorset
Giu 25, 2010, 2:37 pm

> #12 - 'Most erotic does insult sex.'

Can you amplify a bit, please, bookmonk? I'm having difficulty thinking how this might possibly be true. As far as I'm concerned, erotic thoughts and erotic arts, including litarature, are (I suspect universally) a glorification of sex, rather than an insult.

Where does the insult lie?

18bookmonk8888
Giu 25, 2010, 3:37 pm

>17 CliffordDorset:

I'm embarrassed at my mistake of leaving out the word "NOT". Please see my new edit which is in total agreement with you.

19Jesse_wiedinmyer
Giu 25, 2010, 3:42 pm

Given the thread's title, I would like to know why I have to make a choice between the two?

20bookmonk8888
Giu 25, 2010, 4:18 pm

>19 Jesse_wiedinmyer:

I reckon there's a fine line, if any, on this spectrum. And, I'm fairly sure, personal preference also plays a part

22Phocion
Giu 25, 2010, 9:01 pm

“Obscenity is a cleansing process, whereas pornography only adds to the murk.”
—Henry Miller


So where would one place Sade on this spectrum?

23K.J.
Giu 25, 2010, 11:53 pm

22> “Obscenity is a cleansing process, whereas pornography only adds to the murk.”
—Henry Miller


The irony is that in the USA if you they can't use the charge of pornography to convict, they use the alternate, which is obscenity. In a recent case in the USA, a man was able to prove that he did not have pornography that was illegal, so the DA asked him how he thought he would fare in a courtroom when the same images were shown to a jury under the charge of obscenity. You can guess the outcome.

24bookmonk8888
Giu 26, 2010, 2:50 am

>23 K.J.:

Or in a country like Afghanistan.

25bookmonk8888
Giu 26, 2010, 3:19 am

>22 Phocion: (Phocion)

Don' know. But here's an interesting quote from Wikipedia:

Sade’s fiction has been tagged under many different titles, including pornography, Gothic, and baroque. Sade’s most famous books are often classified not as Gothic but as a libertine novel, and include the novels Justine, Juliette, The 120 Days of Sodom, and Philosophy in the Bedroom. These works challenge perceptions of sexuality, religion, law, age, and gender in ways that Sade would argue are incompatible with the supernatural.