NCJ Number
109503
Date Published
1988
Length
42 pages
Annotation
This paper critiques Canada's Fraser Committee Report, which analyzes current Canadian law pertaining to prostitution and pornography and proposes law reform.
Abstract
Because both pornography and prostitution reflect deep-seated assumptions about women and their role in society, neither phenomenon can be addressed adequately without radical changes in those assumptions. Since the Fraser Committee's mandate was to develop legal responses to these problems, however, it must be assessed accordingly. The report must be assessed against the principles guiding the committee and against certain sociopolitical themes, especially the tensions between commitments to equality and freedom of speech (particularly relevant to the issue of pornography) and between individual and collective interests (particularly relevant to the issue of prostitution). In trying to meld liberal and feminist notions in its discussion of pornography, the committee reveals a feminist understanding (appreciating, for instance, that pornography is a political, not moral, concern), although somewhat marred by the ambivalent status they accord pornography as protected expression (a difficulty they share with feminists who oppose any form of 'censorship'). Regarding both pornography and prostitution, the committee fails to appreciate the feminist belief that the state is 'malist' and therefore to be treated warily. Compared to the Federal Government's new solicitation law and proposed definition of pornography, however, the committee shows a more sophisticated perception of the political and societal oppression of women reflected in pornography and prostitution. 60 footnotes. (Author abstract modified)