Juridical Distinctions in Canadian Child Pornography Cases—Philosophical Perspectives, Following Bourdieu

Autor: Ross, SusanMallon, Wilson, Karen, Adderley, Janice
Zdroj: Free Speech Yearbook; January 2000, Vol. 38 Issue: 1 p127-141, 15p
Abstrakt: This essay uses a template from the works of Pierre Bourdieu to examine court cases, principally. Canadian cases related to child pornography. Analysis of the cases, focusing on juridical discourse, demonstrates the confusion that exists when a government attempts to define new law under the constraints of antique canon as neoteric justice evolves. In the study, evidence emerged suggesting that (class) distinction, as defined by Bourdieu, may impact upon conviction and sentencing under these circumstances. A simplified concept of child pornography, guided by the principle that violence is not protected expression, is suggested.
Databáze: Supplemental Index