Gender Discrimination (21): The Politics of the Body

The politics of the body, or “body politics”, is a concept, originally used by early feminists I believe, to describe government policies or laws and cultural or social practices used by society to regulate and control the human body. Feminists focus on the female body but the case can be made that society controls both the female and the male body, obviously not always in the same way. The concept is also used to describe the opposite: the struggle against the social and political powers that try to control the body and the act of reclaiming bodily self-control, or corporal self-determination. Body politics has therefore a positive and a negative meaning: it’s both subordination and emancipation.

Corporal self-determination is obviously an important value. People should, in general, be able to do with their body what they want, free from interference by the state, by individuals or by groups in society.

Here are some examples of body politics:

Abortion

Whether or not you believe that abortion should be allowed, you have to accept that legal prohibition and moral dissuasion of abortion are examples of body politics. In both cases, women who want an abortion lose their power to decide autonomously what to do with their bodies; society imposes rules on what individuals are allowed to do with their bodies; and power – legal or moral – is used to enforce these rules. You may believe that these rules are necessary in order to protect an overriding value that trumps the value of self-determination, in this case probably the value of the life of the unborn infant, or perhaps even the right to self-determination of the unborn infant. But you can’t dispute that you engage in body politics.

Organ trade

Similarly, legislation or social taboos prohibiting the free trade of organs (see also here) impose restrictions on the things people can do with their bodies. However, the analogy with abortion isn’t perfect, because proponents of restrictions can arguably claim that the sale of organs isn’t an expression of self-determination but of the lack of it: it’s typically poor people who are driven to the extreme of organ sale as a means to stay alive, while the richer you are the easier it is to get an abortion. Organ sale is then not an expression of the freedom to do with your body what you like, without paternalistic interference, but an expression of necessity and lack of freedom. Whatever the merits of this argument, restrictions on organ trade are clearly an example of body politics.

Capital punishment, corporal punishment, imprisonment

The state uses power in order to enforce or enact criminal punishment, and this is often power directed against the body of the convicted criminal and eliminating the criminal’s corporal self-determination. There’s also the quasi-institutional practice of prison rape.

Sex trafficking and slavery, sexual violence, arranged marriages

Cultural norms regarding the acceptability of sexual violence (e.g. rape as a form of punishment and female genital mutilation), of arranged marriages (which can be labeled a form of sexual violence), of the sale of children or wives for the purpose of prostitution are also examples of body politics. The women and children in question obviously lose their corporal self-determination.

Gender discrimination

Gender discrimination, the inferior treatment of women, and the imposition of gender roles, whether legally sanctioned or not, are other examples, although with a twist. Gender discrimination can remove the power of corporal self-determination of the women who fall victim to it – e.g. in the case of gender discrimination as expressed in sexual violence or in rules restricting the freedom of movement of women. But it doesn’t have to. For example, gender discrimination in wages (the wage gap) doesn’t affect corporal self-determination.

The body politics inherent in gender discrimination is more evident in the origins of discrimination than in the results. Gender roles, which often result in gender discrimination, are based on certain convictions regarding the physical inferiority of women (e.g. their lack of physical strength), or on the belief that the female body is made for specific tasks, and is perhaps even better than the male body for these tasks.

Likewise, rules that discriminate against women and restrict the things they can do, are generally based on dubious theories regarding the nature of the female body. Women are said to promote carnal lust, and their equal participation in life would have disrupting and destructive consequences.

Homophobia

Similarly, legislation or social taboos against homosexual relationships remove corporal self-determination and are based on certain beliefs about the nature of the human body.

Clearly, this isn’t a complete list of all possible cases of body politics, but it can serve the purpose of illustration (other examples could include rules prohibiting interracial marriage, bestiality taboos, legislation against assisted suicide etc.). What is also clear is that every case isn’t equally detrimental for self-determination. Some cases can even be justifiable from a liberal perspective. Self-determination, after all, isn’t the only value, and neither is it a value that necessarily trumps other values.

Limiting Free Speech (5): Pornography

First of all, whatever we think of pornography, we should admit that it is a kind of speech, just as cross-burning, flag-burning, hate speech etc., and hence it is at least possible that it falls under the protection of the right to free speech. The U.S. Supreme Court has at different occasions decided that pornography should be protected under the First Amendment:

There are two types of pornography that receive no First Amendment protection ’97 obscenity and child pornography. The First Amendment generally protects pornography that does not fall into one of these two categories. (source)

Other jurisdictions have also protected pornography.

Violence IN pornography

The quote above already indicates that an overall protection of pornography widely defined is not acceptable and that certain limits on the freedom of speech of pornographers are possible. According to the rules set forth in the introductory post of this series a right can be limited if it violates other rights or the rights or others. This is obviously the case of any child pornography or pornography in which violence or force is used against the participants, such as certain kinds of extreme sadomasochistic porn.

Another reason why there can be force and violence in pornography is human trafficking. Many girls are forced to participate in porn movies because they are victims of human trafficking. They are modern slaves in the sex industry.

Violence BECAUSE OF pornography

There is still some discussion in the scientific community as to whether pornography, and especially hardcore and violent pornography, promotes sexual violence in society. This is not easy to establish because the interactions of mass media and human behavior are complex. If pornography promotes sexual violence, we have another justification for limiting its distribution.

The weight of evidence is accumulating that intensive exposure to soft-core pornography desensitises men’s attitude to rape, increases sexual callousness and shifts their preferences towards hard-core pornography. Similarly, the evidence is now strong that exposure to violent pornography increases men’s acceptance of rape myths and of violence against women. It also increases men’s tendencies to be aggressive towards women and is correlated with the reported incidence of rape. Many sex offenders claim they used pornography to stimulate themselves before committing their crimes. (source)

In Australia, the federal government has tended to relax its controls on pornography since 1970. Different states have, however, implemented these changes to varying extents and, as a result, have unwittingly conducted an interesting experiment on the effect of pornography. Queensland, the most conservative state, has maintained the strictest controls on pornography and has a comparatively low rate of rape reports. By contrast, South Australia, the most liberal state in relation to pornography, has seen escalating reports of rape since the early 1970s:

Businesses spend billions of dollars on advertising, in the belief that media can and do have an effect on human behaviour. We support and encourage the arts, in the belief that novels, films and such have the capacity to uplift and enhance human society; in other words, that the arts have a capacity to influence people. Yet we are expected to believe that the increasing tide of pornography does not affect attitudes to women. (source)

The image of women in pornography

One reason why porn can cause violence in society is the image of women that is created through pornography. In some porn, rape is explicitly legitimized, but in all kinds of porn women are depicted as constantly and immediately available for sex. We can assume that long term consumption of porn from an early age onwards, creates the opinion that it is not necessary for men to establish whether a female partner consents to having sex since porn tells them that such consent is automatic. In real life, of course, this is not the case and hence there will be rape.

Porn also objectifies women. It turns women into objects of sexual desire and sexual use. Objectification of women is of course not limited to pornography. Advertising also regularly uses women as means or tools or objects. The objectification of women means dehumanization. And there are more things you can do to a non-human than to a human. Objectification therefore can promote violence against women. To the extent that is does, we have another justification for restrictions on pornography.

Moreover, pornography shapes and reinforces a male-dominant view of sexuality and of gender relations. It’s not far-fetched to claim that pornography contributes to gender discrimination, machismo, sexism, paternalism etc.

All this is the case not only for violent porn but for porn in general and could therefore justify restrictions on non-violent porn.

Different kinds of restrictions

There are different kinds of pornography, different circumstances in which it is distributed, and different people respond differently to pornography. So restrictions on pornography may differ according to circumstances. People with a history of sexual violence are more obvious targets of a ban on the use of hardcore and violent porn than other people. Young people, for the reasons given above, may have more restrictions, including non-violent porn. Pornography in a library is not the same thing as pornography on the streets…

Soft porn or “artistic porn” should be treated differently. An all-out ban on all kinds of pornography would be just as unwise as an all-out protection. Many classic works of art would have to be forbidden if no pornography were allowed. We have to admit that porn can be art and art can be pornographic.