Appraising the Impact of Toward a Feminist Theory of the State: Consciousness-Raising, Hierarchy Theory, and Substantive Equality Laws
Open accessAbstract
The philosophical, political, and legal impact of Catharine MacKinnon's groundbreaking work Toward a Feminist Theory of the State (1989) is discussed, specifically the merging of consciousness-raising of subordinated groups with critically informed scholarship, producing a problem-driven approach engaging in informed policy-making. As a comprehensive political theory of the relationship between male dominance and the state, one of Toward's central features was to draw from consciousness-raising as a feminist research method to further ground its approach to equality, particularly in its prescription for substantive equality laws. The article illustrates how such central concepts have influenced real changes in the world, specifically using legal challenges to pornography and prostitution as examples. Parts I and II demonstrates how Toward departed from conventional epistemologies, in part explaining its revolutionary appeal to students, practitioners, and scholars. Part III continues the analysis by using real world applications of its approach to pornography and prostitution, beginning with the anti-pornography civil rights ordinances drafted by Catharine A. MacKinnon and writer Andrea Dworkin in 1983, six years before the publication of Toward. Part III illustrates how the ordinances mobilized MacKinnon’s same cutting-edge approach to advancing women’s legal substantive equality about which she later theorized. A similar approach was instrumental in grounding a substantive equality prostitution law, proposed by MacKinnon in a public speech in Stockholm, Sweden, November 2, 1990, situating that law within her broader approach to equality. The Swedish national umbrella organization for women’s shelters, ROKS, lobbied for the law and rallied other actors to support it, precipitating its passing in Parliament in 1998, with the law taking effect in 1999. Similar laws have now been adopted by many more countries (attesting to MacKinnon’s extraordinary influence as a legal and social theorist), although not until ten years or more after Sweden’s law, which makes Sweden’s unique data availability a “revelatory case.” Part III concludes by analyzing its comparative impact in terms of reducing sexual exploitation and abuse and offering an exit for people in prostitution, thus promoting substantive equality.
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Claims the paper makes
1 of 106 cited sources checked · 0 supported · 0 flagged · accuracy not yet measured
- Findingcitation
Despite claims to the contrary, no reliable evidence exists that the prostitution that remains in Sweden is more dangerous and unsafe than in other countries.
“Despite claims to the contrary, no reliable evidence exists that the prostitution that remains in Sweden is more dangerous and unsafe than in other countries.155”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [155]
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- Premisecitation
As members of a specific group that is particularly exposed to gender-based violence, women may be provided with knowledge that is partly hidden to other groups.
“As members of a specific group that is particularly exposed to gender-based violence, women may be provided with such knowledge that is partly hidden to other groups.10”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [10] 10. NIKLAS ERIKSSON & HANS KNUTAGÅRD, RFSL RÅDGIVNINGEN SKÅNE, SEXMÄNSÄLJER.SE/X: NÖJE BLIR FUNKTION [SEXMENSELLLS.COM/X: PLEASURE BECOMES FUNCTION] 54, 76 (2005), http://www.diva-portal.org/smash/get/diva2:703677/FULLTEXT01.pdf; cf. SOS, PROSTITUTION 2003, supra note 145, at 34 (mentioning an informant referring to several prostituted women who had "dared" to report sex purchasers for rape because the new sex purchase law was perceived to support them in those situations). 157. PROSTITUTION RESEARCH & EDUC., PROSTITUTION IN GERMANY: MURDERS AND ATTEMPTED MURDERS FROM 2002 (PROSTITUTION LEGALI
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- Premisecitation
Similar laws to the Swedish substantive equality prostitution law have now been adopted by many more countries.
“Similar laws have now been adopted by many more countries, attesting to MacKinnon's extraordinary influence as a legal and social theorist, 6 but not until ten years or”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [6] 6. ocial hierarchy" is the "identifying principle" of substantive equality law); cf. id. at 740- OMFATTNINGSKARTLÄGGNING [PROSTITUTION IN SWEDEN 2014: A SCALE MAPPING] 10 (2015), http://www.lansstyrelsen.se/stockholm/SiteCollectionDocuments/ Sv/publikationer/2015/prostitution-kartlaggning-2014.pdf (concluding that while technological changes since 2007 made online prostitution more difficult to estimate due to overlapping, duplicating, or inactive ads, no tangible evidence suggest a physical increase in Sweden). 143. Jeanett Bjønness, Holdninger til prostitution i Danmark, in PROSTITUTION I NO
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- Interpretationcitation
The adoption of similar laws by many more countries attests to MacKinnon's extraordinary influence as a legal and social theorist.
“Similar laws have now been adopted by many more countries, attesting to MacKinnon's extraordinary influence as a legal and social theorist, 6 but not until ten years or”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [6] 6. ocial hierarchy" is the "identifying principle" of substantive equality law); cf. id. at 740- OMFATTNINGSKARTLÄGGNING [PROSTITUTION IN SWEDEN 2014: A SCALE MAPPING] 10 (2015), http://www.lansstyrelsen.se/stockholm/SiteCollectionDocuments/ Sv/publikationer/2015/prostitution-kartlaggning-2014.pdf (concluding that while technological changes since 2007 made online prostitution more difficult to estimate due to overlapping, duplicating, or inactive ads, no tangible evidence suggest a physical increase in Sweden). 143. Jeanett Bjønness, Holdninger til prostitution i Danmark, in PROSTITUTION I NO
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- Premisecitation
A gender-segregated job market includes employers seeing the worth of predominantly female jobs through biased lenses and paying lower wages than for men's comparable work.
“a gender-segregated job market where “employers see the worth of predominantly female jobs through biased lenses” and pay lower wages than for men's comparable work; 27”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [27]
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- Interpretationcitation
A substantive equality prostitution law proposed by MacKinnon in a public speech in Stockholm, Sweden, on November 2, 1990, was grounded in her broader approach to equality.
“A similar approach was instrumental in grounding a substantive equality prostitution law, proposed by MacKinnon in a public speech in Stockholm, Sweden, November 2, 1990, situating that law within her broader approach to equality.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [3] 3. MARGARET T. GORDON & STEPHANIE RIGER, THE FEMALE FEAR: THE SOCIAL COST OF RAPE 21 (1991).
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- Premisecitation
The conventional view called pornography either obscene and not for public view, or celebrated it as sexual liberation; rarely was it called exploitation of vulnerable women, inspiration to rape, and a cause of systemic gender discrimination.
“Accordingly, the conventional view called pornography either obscene and not for public view, or celebrated it as sexual liberation; rarely was it called exploitation of vulnerable women, inspiration to rape, and a cause of systemic gender discrimination.12”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [12]
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- Interpretationcitation
Standard equality laws put the onus on women alleging sex discrimination to prove their exception, to convince skeptics why they in particular deserve a man's share when few other women do, in a world where women are otherwise structurally subordinated to men economically, politically, and culturally.
“Standard equality laws put the onus on women alleging sex discrimination to prove their exception, to convince the skeptics as to why they in particular deserve a “man's share” when few other women do-this in a world where women are otherwise structurally subordinated to men economically, 34 politically, 35 and culturally.36”
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- cites [35]
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- cites [36]
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- Premisecitation
MacKinnon invented an approach to substantive equality in law that she refers to as a theory of hierarchy in order to rectify women's subordination to men.
“In order to rectify women's subordination to men-from unequal pay to sexual violence and terror-MacKinnon faced the reality of her social diagnosis and invented an approach to substantive equality in law that she refers to as a theory of “hierarchy.”23”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [23]
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- Interpretationreasoning
MacKinnon's critique illustrates why the legal outcomes of standard equality laws tend to mirror society's existing social hierarchies, providing remedy only to exceptional individuals who, but for some presumed arbitrary factor, would have been similarly situated to the dominant social group that sets the standard.
“MacKinnon's critique illustrates why the legal outcomes of standard equality laws tend to mirror society's existing social hierarchies, providing remedy only to those exceptional individuals who “but for” some presumed arbitrary factor would have been “similarly situated” to the dominant social group that sets the standard.”
Quote in the paperSubstantial claim - Premisecitation
Under the Aristotelian approach, when a woman claims sex discrimination, the law looks for a similarly situated person to compare with, typically based on a male, often white, standard.
“As MacKinnon explained, when a woman claims sex discrimination under the Aristotelian approach, in order to assess whether equality has been violated, the law looks for a “similarly situated” person to compare with, typically based on a male (often white) standard.26”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [26]
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- Interpretationnone given
The anti-pornography civil rights ordinances drafted by MacKinnon and Dworkin in 1983 mobilized MacKinnon's same cutting-edge approach to advancing women's legal substantive equality about which she later theorized.
“Part III illustrates how the ordinances mobilized MacKinnon's same cutting-edge approach to advancing women's legal substantive equality about which she later theorized.”
Quote in the paperNot a substantial claim - Premisereasoning
MacKinnon showed how pornography molds the social construction of sexuality and its association to gender-based violence and sexual exploitation.
“MacKinnon showed how pornography molds the social construction of sexuality and its association to gender-based violence and sexual exploitation (more below).”
Quote in the paperSubstantial claim - Premisecitation
In 2012, Natalie Purcell's content analysis of over 100 of the roughly 250 most popular, best-selling, critically acclaimed, and influential hardcore pornographic movies of the past 40 years found arguably violent, abusive, and/or coercive encounters in nearly all.
“in 2012, Natalie Purcell's content analysis of over 100 of the roughly 250”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [55]
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- Premisecitation
Several previous population-based surveys present fairly similar, if only slightly lower, frequencies of pornography use.
“Attesting to their accuracy, several previous population-based surveys present fairly similar, if only slightly lower frequencies.62”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [62]
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- Interpretationcitation
Because men's pornography consumption is so much greater than women's, it has more serious consequences for sex inequality by inspiring and trivializing their gender-based violence.
“consumption is so much greater, it has more serious consequences for sex inequality by inspiring and trivializing their gender-based violence-a conclusion already evident when Toward a Feminist Theory of the State was written, primarily documented in the chapters on sexuality and pornography.66”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [66]
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- Interpretationreasoning
The sameness/difference approach disguises social hierarchy and discrimination as difference, so that these situations are not seen as sex discrimination.
“It disguises such social hierarchy and discrimination as “difference,” so that these situations are not seen as sex discrimination.”
Quote in the paperSubstantial claim - Premisecitation
Prior surveys often asked respondents to state the exact frequency devoted to pornography, raising suspicions of underreporting due to social desirability.
“Prior surveys often asked respondents to state the exact frequency devoted to pornography, raising suspicions of underreporting due to social desirability.60”
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- Premisecitation
Already in the 1980s, research showed how consumers quickly become desensitized and demand more extreme pornography to be aroused.
“Already in the 1980s, research showed how consumers quickly become desensitized and demand more extreme pornography to be aroused-a process documented in”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [54]
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- Premisecitation
Extensive public hearings were held, and neighborhood activists, community organizers from women's shelters, rape crisis centers, and other neighborhood groups, social workers, other authorities, individual survivors of pornography production, and survivors of gender-based violence and other harms related to its consumption testified in support of the ordinance.
“Extensive public hearings were held; neighborhood activists, community organizers from women's shelters, rape crisis centers, and other neighborhood groups, social workers, other authorities, and individual survivors of pornography production, and, of genderbased violence, and other harms related to its consumption testified in support of the ordinance.45”
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- Premisecitation
41% of scenes in Bridges et al.'s sample contained ass-to-mouth (ATM), that is, a woman performing oral sex on a man right after he penetrated a woman anally.
“Furthermore, 41% of scenes also contained socalled”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [57]
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- Interpretationcitation
Pornographers in their production exploit and subordinate more vulnerable populations who are least similarly situated with more privileged social groups.
“This recognition makes sense considering that pornographers in their production exploit and subordinate more vulnerable populations who, as shown below, are least similarly situated with more privileged social groups.”
Quote in the paperSubstantial claim - Premisecitation
Disadvantaged minorities are over-represented among prostituted people, many times relative to their general population size.
“there is an over-representation, many times relative to their general population size, of disadvantaged minorities among prostituted people.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites BROTTSFÖREBYGGANDE RÅDET [SWEDISH NATIONAL COUNCIL FOR CRIME PREVENTION], THE ORGANISATION OF HUMAN TRAFFICKING: A STUDY OF CRIMINAL INVOLVEMENT IN SEXUAL EXPLOITATION IN SWEDEN, FINLAND AND ESTONIA 8, 37 (2008)
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- Interpretationreasoning
Pornography performers are a subset of prostituted persons, who are bought and exploited for sex.
“Considering the similarity of the populations used in prostitution and in pornography, it is actually more accurate to view the latter as a subset of the former, who are bought and exploited for sex.”
Quote in the paperSubstantial claim - Premisecitation
Large portions of the conceptualization of harm in the ordinance relate to women who had talked to Dworkin for many years about such experiences of pornography-related abuse.
“Large portions of the conceptualization of harm in the ordinance relate to women who had talked to Dworkin for many years about such experiences of pornography-related abuse.71”
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- Interpretationcitation
Prostituted persons often cannot refuse such acts being done to them, due in part to their multiple economic, racial, and age-based disadvantages.
“Prostituted persons often cannot refuse such acts being done to them, due in part to their multiple economic, racial, and age-based disadvantages.81”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [81]
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- Premisecitation
Several survey studies with battered women found that those who reported that their male partners consumed pornography also reported more sexual abuse and controlling behaviors than women who stated that their male partners did not view pornography.
“Similarly, several survey studies with battered women found that those who reported that their male partners consumed pornography also reported more sexual abuse and controlling behaviors than women who stated that their male partners did not view pornography.73”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [73]
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- Premisecitation
Male pornography consumers are statistically significantly more likely to buy persons for sex than other men.
“Male pornography consumers are statistically significantly more likely to buy persons for sex than other men.75”
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- Premisecitation
Interviews with johns reveal frightening accounts of how many johns coerce and take advantage of the women's vulnerability, precisely to make them endure gang rape or imitate other styles they have seen in pornography.
“Unsurprising then, interviews with johns reveal frightening accounts of how many johns coerce and take advantage of the women's vulnerability, precisely to make them endure gang rape or imitate other”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [79]
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- Interpretationreasoning
Pornography subordinates women in society by its influence on consumers.
“Put another way, pornography subordinates women in society by its influence on consumers.”
Quote in the paperSubstantial claim - Premisecitation
The Indianapolis and Minneapolis City Councils in 1983 and 1984 found pornography to be central in creating and maintaining sex as a basis for discrimination.
“the Indianapolis and Minneapolis City Councils in 1983 and 1984 found pornography to be”
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- Premisecitation
A majority of prostituted persons have been subjected to both sexual and other physical abuse during childhood.
“of whom a majority have been subjected to both sexual and other physical abuse during childhood, 89”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [89]
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- Premisereasoning
MacKinnon's work with Andrea Dworkin leading up to the public hearings of the ordinances, based on survivor reports and insights, consciousness-raising, and the many scientific studies available, foresaw these consequences of pornography consumption.
“MacKinnon's work with Andrea Dworkin leading up to the public hearings of the ordinances, based on survivor reports and insights, consciousness-raising, and the many scientific studies available, foresaw these consequences of pornography consumption.”
Quote in the paperSubstantial claim - Premisecitation
The most common stated reason for entering the sex industry is poverty.
“of whom the most common stated reasons for entering the sex industry is poverty, 88”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [88]
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- Premisecitation
The 2011 survey showed with quantitative data what other comprehensive investigations before it had shown by more qualitative research: performers share similar vulnerable backgrounds as prostituted persons.
“The 2011 survey showed with quantitative data what other comprehensive investigations before it had shown by more qualitative research: 87 performers share similar vulnerable backgrounds as prostituted persons”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [87]
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- Premisecitation
Among a survey of 854 prostituted persons in nine countries who were not explicitly seeking help, 49% said they had been prostituted for pornography.
“among a larger survey of 854 prostituted persons in nine countries who were not explicitly seeking help, as many as 49% said they had been prostituted for pornography.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Farley et al., Nine Countries
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- Premisecitation
Male performers in both heterosexual and gay pornography are socially disadvantaged in many similar respects as female performers.
“Evidence suggests even male performers-both in heterosexual and gay pornography-are socially disadvantaged in many similar respects as female performers.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [109]
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- Premisenone given
Despite no constitutional bar against applying Sweden's prostitution laws on pornographers in the course of their production, without targeting any resulting materials as under the anti-pornography ordinances, this has not been tried.
“Similarly, despite the fact that there seems to be no constitutional bar against applying Sweden's prostitution laws on pornographers in the course of their production, without targeting any resulting materials as under the anti-pornography ordinances, this has also not been tried.160”
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- Premisecitation
At least fifty-five women were reported to have been murdered while engaged in prostitution in Germany between 2002, when Germany legalized prostitution, and 2015.
“at least fifty-five women were reported to have been murdered while engaged in prostitution in Germany between 2002-when Germany legalized prostitution-and 2015, 157”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [157]
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- Premisereasoning
89% of the 854 prostituted persons from nine countries explicitly said they wanted to escape prostitution.
“it is not surprising that 89% of the 854 prostituted persons from nine countries explicitly said they wanted to escape prostitution.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [110]
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- Premisecitation
When entering the program these people reported similar experiences with prostitution to those studied internationally, including lifelong trauma, abuse, mental health problems, and reasons for entering prostitution.
“Notably, when entering the program these people reported similar experiences with prostitution to those studied internationally, including lifelong trauma, abuse, mental health problems, and reasons for (or preconditions before) entering prostitution.150”
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- Interpretationnone given
The law in Sweden has not yet reached its full potential, including making use of civil venues for prostituted persons that could support their exit by claiming damage awards directly from johns for the harms they cause.
“The law in Sweden has not yet reached its full potential though, including making use of civil venues for prostituted persons that could support their exit by claiming damage awards directly from johns for the harms they cause.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The law reduces the social hierarchy between the parties, putting prostituted persons in a more substantially equal position than they were before.
“Put another way, the law reduces the social hierarchy between the parties, putting prostituted persons in a more substantially equal position than they were before.”
Quote in the paperSubstantial claim - Premisecitation
Prostitution in Norway increased in similar ways, especially for women from abroad, with a total of 2,654 women estimated in 2007.
“Prostitution in Norway increased in similar ways (especially for women from abroad), with a total of 2,654 women estimated in 2007.144”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [144]
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- Premisecitation
Sweden's law has largely since been adopted and recommended in a number of other countries.
“Sweden's law has largely since been adopted and recommended in a number of other countries.140”
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- Premisereasoning
When ads and other information were taken into account around 2007, female prostitution per capita was almost sixteen times higher in Denmark and almost nine times higher in Norway than in Sweden.
“When ads and other information were taken into account around 2007, female prostitution per capita was thus almost sixteen times higher in Denmark and almost nine times higher in Norway than in Sweden.147”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [147]
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- Interpretationreasoning
The ordinances were consistent with hierarchy theory because they would have given the power to use the law to those who are subordinated, rather than to dominant groups within the criminal justice system.
“This was consistent with hierarchy theory since it would have given the power to use the law to those who are subordinated, rather than putting that power in the hands of the dominant groups within the criminal justice system.”
Quote in the paperSubstantial claim - Interpretationcitation
People abused in pornography may have signed a contract out of economic necessity.
“People abused in pornography may have signed a contract out of economic necessity.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [123]
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- Interpretationreasoning
By enumerating age of majority and other factors as impermissible defenses for pornographers, the ordinances would have provided a safety net for children that did not receive a remedy earlier in life.
“By enumerating age of majority and these other factors as impermissible defenses for pornographers, the ordinances would have provided a safety net for children that did not receive a remedy earlier in life.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Sweden's law, grounded in MacKinnon's hierarchy theory, has apparently strengthened the hand of prostituted persons in an otherwise extremely unequal social practice of dominance.
“Sweden's law, grounded in MacKinnon's hierarchy theory, has apparently strengthened the hand of prostituted persons in an otherwise extremely unequal social practice of dominance.”
Quote in the paperSubstantial claim - Premisecitation
Many women in New Zealand were murdered in connection with prostitution since its full decriminalization there.
“and many in New Zealand as well since its full decriminalization there.158”
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- Interpretationcitation
Federal legislation on child pornography today offers a route seemingly modeled after the anti-pornography civil rights ordinances, bypassing police and prosecutors to bring civil actions against producers, distributors, and even consumers of child pornography on the Internet.
“Attesting to their effectiveness, federal legislation on child pornography today offers a route seemingly modeled after the anti-pornography civil rights ordinances, bypassing police and prosecutors to bring civil actions against producers, distributors, and even consumers of child pornography on the Internet.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [134]
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- May combine two claims. 57
- Classified as probably not a substantial claim. 39
- The quote only partly states this claim. 2
May combine two claims.
PremisecitationThe Swedish national umbrella organization for women's shelters, ROKS, lobbied for the prostitution law and rallied other actors to support it, precipitating its passing in Parliament in 1998, with the law taking effect in 1999.
“The Swedish national umbrella organization for women's shelters, ROKS, lobbied for the law and rallied other actors to support it, 4 precipitating its passing in Parliament in 1998, with the law taking effect in 1999.”
Quote in the paperSubstantial claim1 of 2 sources checked- cites [4] 4. TFTS, supra note 1, at 3.
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- cites [5] 5. See Catharine A. MacKinnon, Substantive Equality Revisited: A Reply to Sandra Fredman, 14 INT'L J. CONST. LAW 739, 740 (2016) (arguing that " source
Section 29 describes Sweden’s prostitution law, and the References mention its passage. Neither passage identifies ROKS, describes its lobbying or role in securing passage, or gives the 1998 and 1999 dates. Searches for ROKS and those dates found no further support in our copy. (LLM, conf=0.78)
Experimental — accuracy not yet measured
May combine two claims.
InterpretationcitationIf women are deemed not similar to the male standard, under the Aristotelian approach they could either be left in the subordinated situations they are in without remedy, or their situations could warrant unlike treatment, which may include worse treatment.
“If women are deemed not similar in such respects, but “different” from the male standard, under the Aristotelian approach they could either be left in the subordinated situations they are in without remedy, or their situations could warrant unlike treatment, which may include worse treatment.30”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [30]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
InterpretationcitationToward a Feminist Theory of the State was problem-driven, presenting empirically grounded theories that could be put into practice in policy and law, in contrast to much social theory popular at the time.
“The approach was problem-driven, 2 presenting empirically grounded theories that could actually be put into practice in policy and law, in contrast to much social theory popular at the time.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [2] 2. TFTS, supra note 1, at 150-51.
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May combine two claims.
PremisecitationWomen do more part-time work and uncompensated house work than men.
“includes more part-time work and uncompensated house work for women than for men; 28”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [28]
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Classified as probably not a substantial claim. May combine two claims.
PremisecitationHierarchy theory is a shift from standard equality laws that follow Aristotle's principle of treating likes alike and unlikes unalike, an approach that does not promote substantive equality.
“Hierarchy theory is a shift from standard equality laws that, as demonstrated by MacKinnon, follow Aristotle's principle of treating likes alike and unlikes unalike-an approach that does not promote substantive equality.25”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [25]
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Classified as probably not a substantial claim.
InterpretationcitationStudies such as these led MacKinnon to conclude that the sexuality available for women is largely imposed on them through a system of dominance and terror.
“Studies such as these and many others-including studies on the exploitative and abusive production of pornography, and its effect on consumers' likelihood to sexually aggress-led MacKinnon to conclude that the sexuality available for women is largely imposed on them through a system of dominance and terror.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
InterpretationcitationThe knowledge of gender-based violence as a harm is hidden or ignored by men who contribute to gender-based violence and sexual exploitation, rather than the knowledge itself being hidden to them.
“Yet this is not to say that the knowledge is hidden to the men who, for instance, contribute to gender-based violence and sexual exploitation.Rather, it is the knowledge of it as a harm that is hidden or ignored.11”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [11]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
PremisecitationMacKinnon illuminated how the social construction of sexuality is inseparable from male dominance.
“Drawing on the consequences of her critique of objectification as method and male dominance in scholarship, and from consciousness-raising and the new empirical research it stimulated, MacKinnon also illuminated how the social construction of sexuality is inseparable from male dominance:”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [15]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationA 1991 study reported that virtually all American women worried about being raped-two-thirds consciously, and the remaining unconsciously but visible through their sometimes elaborately cautious behavior.
“Considering the context of intimidation and fear MacKinnon describes, it is not surprising that a study published in 1991 reported that virtually all American women worried about being raped-two-thirds consciously, and the remaining unconsciously but nonetheless visible through their sometimes elaborately cautious behavior.21”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [21]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationAbortion was framed either as women's private choice or as an irresponsible act of feticide; conservatives did not call it an outcome of unequal conditions making women lose control of access to their bodies, and the left did not recognize how use of contraceptives or abortion could stigmatize women as sexually available, thus targeting them for rape.
“Similarly, abortion was framed either as women's private choice, or as an irresponsible act of feticide; conservatives did not call it an outcome of unequal conditions making women lose control of access to their bodies; and the left did not recognize how use of contraceptives (or abortion) could stigmatize women as sexually available, thus targeting them for rape.13”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [13]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
Premisenone givenWomen practicing consciousness-raising began to ask different questions than conventional male researchers did.
“Women practicing consciousness-raising began to ask different questions than conventional male researchers did, such”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).
PremisecitationNumerous other factors contribute to women's subordination.
“and includes numerous other factors contributing to women's subordination.29”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [29]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
InterpretationcitationToward a Feminist Theory of the State demonstrated how many perspectives that purported to be neutral and objective in existing law and policy were viewpoints from the position of dominance in a system that subordinated women.
“Toward a Feminist Theory of the State elegantly demonstrated how many of those perspectives that purported to be neutral and objective in existing law and policy were, in fact, viewpoints from the position of dominance in a system, whether left-or right-wing, that subordinated women.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Interpretationnone givenThe prevalence of gender-based violence or fear of such violence in women's lives is part of what underlies the first sentence of Toward a Feminist Theory of the State.
“The fact that gender-based violence or the fear of such violence is so prevalent in women's lives is part of what underlies the first sentence in Toward a Feminist Theory of the State:”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
PremisecitationFollowing MacKinnon, consciousness-raising has been a method for generating knowledge into an intrinsically social situation, into the mixture of thought and materiality that comprises gender in the broadest sense.
“Following MacKinnon, consciousness-raising has been a method for generating knowledge “into an intrinsically social situation, into that mixture of thought and materiality which comprises gender in the broadest sense.”9”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [9] 9. INVISIBLE VISIBLE ACTORS: LGBT PEOPLE WITH EXPERIENCE IN SELLING AND/OR BUYING SEXUAL SERVICES] 98-99, 245, 260 (2011), https://alfresco.rfsl.se/ share/s/40M0ziL6TcOP-iECiQTvWg;
Not checked in the free run.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationCommitting to this paradigm meant accounting for a large body of empirical research on gender-based violence and its determinants that had emerged clearly by that time.
“Committing to this paradigm meant accounting for a large body of empirical research on gender-based violence and its determinants that had emerged clearly by that time”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [17]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationA study of 930 randomly selected adult females in San Francisco, published seven years before Toward a Feminist Theory of the State, found that 44% of respondents reported rape or attempted rape according to contemporaneous legal standards at least once in their lives, with half of them reporting it more than once.
“For instance, a study of 930 randomly selected adult females in San Francisco, published seven years before Toward a Feminist Theory of the State, found that 44% of respondents reported rape or attempted rape according to contemporaneous legal standards at least once in their lives, with half of them reporting it more than once.18”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [18]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
PremisecitationA problem-driven political science starts with a problem in the world rather than analyzing a problem as an artifact of the theories and methods used to study it.
“As Ian Shapiro describes, a problem-driven political science “start [s] with a problem in the world,” as opposed to analyzing a problem “in ways that are . . .mere artifacts of the theories and methods that are deployed to study it.””
Quote in the paperSubstantial claim0 of 1 sources checked- cites Ian Shapiro, Problems, Methods, and Theories in the Study of Politics, or What's Wrong with Political Science and What to Do About It, 30 POL.THEORY 596, 598 (2002)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.
PremisecitationDifferences are inequality's post hoc excuse, its conclusory artifact, its outcome presented as its origin, its sentimentalization, its damage pointed to as justification after the damage has been done, and the distinctions perception is socially organized to notice because inequality gives them consequences for social power.
“Differences are inequality's post hoc excuse, its conclusory artifact, its outcome presented as its origin, its sentimentalization, its damage that is pointed to as the justification for doing the damage after the damage has been done, the distinctions that perception is socially organized to notice because inequality gives them consequences for social power.33”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [33]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationMacKinnon wrote that women exist in a context of terror.
“Given that this is the situation of all women, that one never knows for sure that one is not next on the list of victims until the moment one dies (and then, who knows?), it does not seem exaggerated to say that women are sexual, meaning that women exist, in a context of terror.20”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [20]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
Premisenone givenOne central feature of Toward a Feminist Theory of the State was to draw from consciousness-raising as a feminist research method to further ground its approach to equality, particularly its prescription for substantive equality laws.
“As a comprehensive political theory of the relationship between male dominance and the state, one of the book's central features was to draw from consciousness-raising as a feminist research method to further ground its approach to equality, particularly in its prescription for substantive equality laws.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
PremisecitationA feminist theory had to account for how sexuality is constructed in its experienced empirical existence, not just in the texts of history, the social psyche, or language.
“In contrast to existing theories, a feminist theory had to account for how sexuality is constructed “in its experienced empirical existence, not just in the texts of history (as Foucault does), in the social psyche (as Lacan does), or in language (as Derrida does).”16”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [16]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationThe Aristotelian equality approach revolves around sameness and difference, where sameness with the dominant group's standard entitles compensatory relief for discrimination, while perceived difference mostly provides disadvantages and very few, usually questionable, benefits for women.
“The Aristotelian equality approach revolves around the concept of sameness and difference, where sameness with the dominant group's standard entitles compensatory relief for discrimination, while perceived difference-which mostly provides disadvantages and very few, usually questionable, benefits for women-does not.31”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [31]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
Interpretationnone givenBoth the ordinance and the prostitution law applied the substantive equality principles advanced in Toward a Feminist Theory of the State.
“As shown below, both the ordinance and the prostitution law applied the substantive equality principles advanced in Toward a Feminist Theory of the State.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationIn Ana Bridges and associates' random sample of 50 of the 275 bestselling/most-rented U.S. pornography films from December 2004 to June 2005, 88.2% among 304 scenes showed physical aggression and 48.7% showed verbal aggression, both with overwhelmingly female targets.
“in Ana Bridges and associates' random sample of 50 of the 275 bestselling/most-rented U.S. pornography films from December 2004 to June 2005, 88.2% among 304 scenes showed physical aggression and 48.7% showed verbal aggression, both with overwhelmingly female targets.56”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [56]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationSimilar ordinances were passed by the Indianapolis City Council in 1984 and by referendum in Bellingham, Washington, in 1988, but both laws were invalidated by federal courts.
“Similar ordinances were then passed by the Indianapolis City Council in 1984 and by referendum in Bellingham, Washington, in 1988, but both laws were invalidated by federal courts.49”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [49]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
InterpretationcitationThe social construction of sexuality was identified as intrinsically related to women's subordination to men, thus warranting new substantive equality laws challenging practices such as pornography and prostitution, given the empirical evidence of their harm.
“As discussed above, the social construction of sexuality was identified as intrinsically related to women's subordination to men, 43 thus warranting new substantive equality laws challenging practices such as pornography and prostitution, given the empirical evidence of their harm.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [43]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationThe first ordinance was passed by the Minneapolis City Council on December 30, 1983, but Mayor Donald Fraser, who did not attend the hearings, vetoed it on January 5, 1984.
“The first ordinance was passed by the Minneapolis City Council on December 30, 1983, but Mayor Donald Fraser, who did not attend the hearings, vetoed it on January 5, 1984.47”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [47]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationAn anonymous self-administered representative population survey done in 2014 estimated that 46% of American men and 16% of women age eighteen to thirty-nine use pornography any given week, and 56% of men and 26% of women any month.
“An anonymous self-administered representative population survey done in 2014 estimated that 46% of American men and 16% of women age eighteen to thirty-nine use pornography any given week, and 56% of men and 26% of women any month.59”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [59]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationUnder the new Swedish law, the government can more effectively support persons to escape prostitution while these people simultaneously seemed to have acquired a bargaining advantage toward the purchasers, who are the only ones vulnerable to criminal charges.
“Under the new law, the government can more effectively support persons to escape prostitution while these people simultaneously seemed to have acquired a bargaining advantage toward the purchasers, who are the only ones vulnerable to criminal charges.53”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [53]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationUnder the Swedish law, persons who are bought are not criminalized, but third-party profiteers and enablers are.
“The persons who are bought are not criminalized, but third-party profiteers and enablers are.52”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [52]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims. The quote only partly states this claim.
PremisecitationPurcell found nearly every popular movie in her 2000s sample featured ATMs as well as throat sex, and many new movies with men penetrating women's throats were filled with gagging, retching, choking, gasping, and less often vomiting.
“ATMs as well as”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [58]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationThe Bellingham ordinance was invalidated in 1989 by a federal district court, which cited the Seventh Circuit's appellate opinion from 1985.
“The Bellingham ordinance was invalidated in 1989 by a federal district court, which cited the Seventh Circuit's (another circuit's) appellate opinion from 1985.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationThe Swedish prostitution law was passed in 1998, took effect in 1999, and criminalizes persons buying prostituted persons for sexual use, so far largely with fines, though imprisonment could technically be used.
“The Swedish prostitution law was passed in 1998, took effect in 1999, and criminalizes the persons buying prostituted persons for sexual use, so far largely with fines, though imprisonment could technically be used.51”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [51]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
PremisecitationToward a Feminist Theory of the State identified a range of linchpin social practices that a feminist hierarchy theory and jurisprudence of substantive equality laws must confront, one of which was pornography.
“To address these crucial obstacles to women's equality, Toward a Feminist Theory of the State identified a range of linchpin social practices that a feminist hierarchy theory and jurisprudence of substantive equality laws must confront, one of which was pornography.42”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [42]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationTo avoid recall bias, the 2014 survey only asked respondents when was the last time they intentionally looked at pornography, to which 14% among the men reported today, 13% yesterday, 14% 2-4 days ago, and 5% 5-6 days ago.
“To avoid such”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [61]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationStudies find that women more than men report that their pornography consumption was initiated by partners or acquaintances, and that men more often report consuming alone, with indications of longer durations.
“Studies also find that women more than men report that their pornography consumption was initiated by partners or acquaintances, and that men more often report consuming alone, 63 with indications of longer durations.64”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites [63]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [64]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationOpposition was also heard throughout the hearings.
“Opposition was also heard throughout the hearings.46”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [46]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).
Premisenone givenIn 1983, Catharine A. MacKinnon and Andrea Dworkin drafted anti-pornography civil rights ordinances in response to a crisis in Minneapolis, Minnesota.
“In 1983, Catharine A. MacKinnon and Andrea Dworkin drafted anti-pornography civil rights ordinances in response to a crisis in Minneapolis, Minnesota.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim. May combine two claims.
InterpretationcitationThis locates the injury outside the bounds of equality law despite the fact that people who most need equal treatment will be the least similar, socially, to those whose situation sets the standard against which their entitlement to equal treatment is measured.
“This locates the injury outside the bounds of equality law despite, as MacKinnon demonstrated, the fact that people “who most need equal treatment will be the least similar, socially, to those whose situation sets the standard against which their entitlement to equal treatment is measured.”41”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [41]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationcitationThe sameness/difference approach fails to promote equality in situations where women are most subordinated to men, such as prostitution where a majority of women are poor and have no other option for survival, female-dominated occupations where women are underpaid compared to male-dominated occupations, or child custody decisions when income levels or seeming identification with sexual abusers orb
“The sameness/difference approach fails to promote equality in situations where women are most subordinated to men; for example, in prostitution where a majority of women are poor and have no other option for survival, 38 in female-dominated occupations where women are underpaid compared to maledominated occupations, 39 or during child custody decisions when income levels, or seeming identification”
Quote in the paperSubstantial claim0 of 3 sources checked- cites [38]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [39]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [40]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).
Interpretationnone givenUpdated empirical evidence describing the associations between pornography, sexual exploitation, and gender-based violence warrants their reconsideration even further.
“updated empirical evidence describing the associations between pornography, sexual exploitation, and gender-based violence warrants their reconsideration even further.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationAn identical ordinance was passed a second time on July 13, 1984 and also vetoed by Mayor Fraser.
“An identical ordinance was passed a second time on July 13, 1984 and also vetoed by Mayor Fraser.48”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [48]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims. The quote only partly states this claim.
InterpretationcitationThe empirical research and evidence above show even more convincingly today that pornography promotes gender-based violence, inspires johns to purchase sex, and inhibits enforcement of laws by trivializing sexual violence, in rape juries among other places.
“The empirical research and evidence above show even more convincingly today that pornography promotes gender-based violence, inspires johns to purchase sex, and inhibits enforcement of laws by trivializing sexual violence, in rape juries among other places.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationThe legislative findings of the ordinances recognized pornography's role in subordinating women by promoting and trivializing gender-based violence and prostitution, thus showing that women's substantive equality was at stake.
“The legislative findings of the ordinances further recognized pornography's role in subordinating women by promoting and trivializing gender-based violence and prostitution, thus showing that women's substantive equality was at stake.”
Quote in the paperSubstantial claimMay combine two claims.
Study design and conductcitationThe conclusion that pornography consumption causes more gender-based violence is corroborated across reliable methods and valid measurements, by contrast to studies using less reliable methods and less validated measures, such as aggregated officially reported crime statistics.
“As shown above, this conclusion is corroborated across reliable methods and valid measurements, by contrast to studies using less reliable methods and less validated measures, which are not uncommon, one example being the use of aggregated officially reported crime statistics.82”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [82]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationreasoningThe 2013 study on Los Angeles performers failed to present reliable evidence and was produced in collaboration with the sex industry, giving it strong incentives to present the situation as harmless.
“The 2013 study failed, however, to present reliable evidence and was produced in collaboration with the sex industry itself, thus having strong incentives to present the situation as harmless.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [107]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationRecent and prior meta-analyses of naturalistic studies show that persons in the normal population who report higher pornography consumption also report more sexual aggression and more attitudes that promote rape than low-consuming persons report.
“The experimental findings are also further mirrored in social reality: recent and prior meta-analyses of naturalistic studies show that persons in the normal population who report higher pornography consumption also report more sexual aggression and more attitudes that promote rape than low-consuming persons report.72”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [72]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationThe Boston study compared 101 johns with 101 non-johns, finding that johns reported masturbating significantly more to a greater variety of pornography genres than non-johns did, including multiple men penetrating a woman, anal sex, group sex, and groups of men ejaculating on a humiliated woman's face.
“Notably, the Boston study compared 101 johns with 101 non-johns, finding that johns reported masturbating significantly more to a greater variety of pornography genres than non-johns did, including multiple men penetrating a woman, anal sex, group sex, and groups of men ejaculating on a humiliated woman's face.78”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [78]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationMeta-analyses of nearly fifty psychological experiments now show that exposure to violent as well as nonviolent pornography causes men to be more aggressive against women and to adopt more attitudes that promote and trivialize sexual aggression than otherwise.
“Meta-analyses of nearly fifty psychological experiments now show that exposure to violent as well as nonviolent pornography causes men to be more aggressive against women and to adopt more attitudes that promote and trivialize sexual aggression than otherwise.67”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [67]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationA majority of sex buyers may explicitly admit they want to imitate pornography, such as 52% of 101 johns in Boston and 71% of 133 johns in Cambodia.
“Moreover, a majority of sex buyers (”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [76]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationcitationThe pornography research paradigm shows that consumption is an independent factor causing more gender-based violence, and particularly severely so for battered and prostituted persons.
“The pornography research paradigm shows that consumption is an independent factor causing more gender-based violence, and particularly severely so for battered and prostituted persons.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationcitationProstitution in itself is a predictor of PTSD, and being used for pornography in combination with other prostitution predicts even more severe PTSD.
“This means that prostitution in itself is a predictor of PTSD, and that being used for pornography in combination with other prostitution predicts even more severe PTSD.”
Quote in the paperSubstantial claimMay combine two claims.
PremisecitationA 2011 study surveying 134 female adult film performers found that 37% reported forced sex before age 18 compared to 13% of a demographically matched Californian control group; 21% compared to 4% of controls reported being moved into foster child care; 24% compared to 12% of controls reported their household received social welfare; and 50% of performers reported living in poverty in the last 12个月
“37% of the performers, compared to 13% of a demographically-matched Californian control group, reported experiencing”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [86]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationNonviolent pornography that objectifies, degrades, or dehumanizes contributes to men categorizing women according to notions of whores versus Madonnas, wild versus virtuous girls, and so on, where perceptions of promiscuity promote aggression.
“invariably does, 69 even without express violence, contributes to men categorizing women according to notions of”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [69]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [70]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationcitationPornography contributes to sex discrimination and, as the City Councils concluded, promotes rape, battery, and prostitution and inhibits just enforcement of laws against such acts.
“Indeed, pornography contributes to sex discrimination and-as the City Councils concluded-promotes”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [84]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationreasoningPornographers exploit inequalities and vulnerabilities to make performers accept increasingly abusive conduct that consumers demand, and this is true in both the Los Angeles pornography industry and gay male pornography production.
“Pornographers appear to exploit any inequalities and vulnerabilities they find to make performers accept being subjected to increasingly abusive conduct that consumers apparently demand, and this seems just as true in the purportedly glamorous Los Angeles pornography industry as in gay male pornography production.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [93]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationA need for money for survival was the most commonly stated reason for entering prostitution (n = 14), sometimes specified as for paying rent or bills, while earning money for drugs was second (n = 10).
“stated for entering prostitution was a need for money for survival (n = 14), sometimes specified as for paying the rent or bills, while earning money for drugs was second place (n = 10))”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites CHANDRÉ GOULD & NICOLE FICK, SELLING SEX IN CAPE TOWN 115 (2008)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites SPECIAL COMM'N ON PORNOGRAPHY & PROSTITUTION IN CANADA, 2 REPORT ON PORNOGRAPHY AND PROSTITUTION 376 (1985)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationreasoningTo the consumer, it appears as if pornography objectifies women, thus robbing them of part of their human value, which legitimizes singling them out for inhumane abuses.
“To the consumer, it appears as if pornography objectifies women, thus robbing them of part of their human value, which legitimizes singling them out for inhumane abuses.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
PremisecitationLegal prostitution would give existing exploitation the benefit of doubt, presumptively making pimps into legitimate businessmen and johns into ordinary customers.
“legal prostitution, as such, would give existing exploitation the benefit of doubt, thus presumptively making pimps into legitimate businessmen and johns into ordinary customers.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [138]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
PremisecitationDecriminalizing prostitution across the board would promote inequality.
“Hence, decriminalizing prostitution across the board would similarly promote inequality, MacKinnon argued; 138”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [138]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
InterpretationreasoningPornography subordinates women in society by making producers and consumers treat women as sexual objects that can be legitimately abused and exploited.
“since pornography subordinates women in society by making producers and consumers treat women as sexual objects that can be legitimately abused and exploited.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing), S4 (based).
InterpretationreasoningOne can expect a tacit quid pro quo relationship between johns and brothels, where brothels receive money and johns are given an opportunity to do what they want.
“Thus, one can expect a tacit quid pro quo relationship between johns and brothels, where brothels receive money and johns are given an opportunity to do what they want.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationNumerous studies and reports show that under other countries' laws, where men are free to buy sex from prostituted persons, the sex industry is not only many times larger, but also more dangerous, exploitative, and unsafe than in Sweden, contrary to the brothel lobby's marketing and popular opinion.
“On the other hand, numerous studies and reports show that under other countries' laws, where men are free to buy sex from prostituted persons, the sex industry is not only many times larger, but also more dangerous, exploitative, and unsafe than in Sweden, contrary to the brothel lobby's marketing and popular opinion.162”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [162]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationMacKinnon introduced the ordinances in Sweden in 1990 during a public speech and parliamentary seminar, offering a civil remedy for pornography and suggesting reforms to Sweden's prostitution law; the prostitution law reforms were enacted nine years later.
“When Professor MacKinnon introduced the ordinances in Sweden in 1990 during a public speech and parliamentary seminar, she offered not only a civil remedy for pornography but also suggested reforms to Sweden's prostitution law; the latter were enacted nine years later.135”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [135]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationA comprehensive research evaluation in 2012 concluded that 80% of the sample of twenty-six clients who were still in the program after one year had left prostitution entirely, while the remaining 20% were prostituted less frequently and also wanted to leave prostitution entirely.
“Specialized public social service exit programs for prostituted persons in Sweden were subjected to a comprehensive research evaluation in 2012, and the evaluation concluded that 80% of the sample of twenty-six clients who were still in the program after one year had left prostitution entirely, while the remaining 20% were prostituted less frequently and also wanted to leave prostitution entirely.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [148]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationSince then, street prostitution in Sweden has decreased further to about 200 to 250 in 2014, while there is no evidence suggesting an increase in indoor prostitution.
“Since then, street prostitution in Sweden has decreased even further to about 200 to 250 in 2014, while there is no evidence suggesting an increase in indoor prostitution.146”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [146]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationA comparative research study published in 2008 for the Nordic Council of Ministers used relatively uniform measurements and methods to compare prostitution in Sweden, Norway, and Denmark.
“A comparative research study published in 2008 for the Nordic Council of Ministers used relatively uniform measurements and methods to compare prostitution in Sweden, Norway, and Denmark.141”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [141]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationcitationAlthough the Indianapolis ordinance was invalidated in the Seventh Circuit on purported expressive grounds, the court could have sustained the ordinance based on a number of theories if it wished to do so.
“Although the Indianapolis ordinance was invalidated in the Seventh Circuit on purported expressive grounds, 130 the court could have sustained the ordinance based on a number of theories if it wished to do so.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [130]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
Interpretationnone givenThe needs of prostituted persons, whose vulnerable situations do not provide much leverage, have not been influential until recently, and then only in places such as Sweden where MacKinnon's ideas have taken root.
“The needs of prostituted persons, whose vulnerable situations do not provide much leverage, have not been influential until recently, and then only in places such as Sweden where MacKinnon's ideas have taken root.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningThis situation does not exist where buying sex is legal, and where men think, with reason, that nothing can stop them.
“This situation does not exist where buying sex is legal, and where men think, with reason, that nothing can stop them;”
Quote in the paperSubstantial claim- Rests on an assumption: No woman in Sweden has been murdered in connection with prostitution since 1999.
May combine two claims.
InterpretationreasoningSweden's law demonstrably reduced prostitution, contributing to more substantive equality by eliminating considerable sexual exploitation and abuse.
“Sweden's law hence demonstrably reduced prostitution, contributing to more substantive equality by eliminating considerable sexual exploitation and abuse.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
PremisecitationMacKinnon's speech criticized prostitution laws that criminalized both those bought for sex and those buying people for sex because there is a hierarchy at work: one is exploited and abused, the other is exploiting and abusing.
“MacKinnon's speech criticized prostitution laws that criminalized both those bought for sex and those buying people for sex because there is a hierarchy at work: one is exploited and abused, the other is exploiting and abusing.136”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [136]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
Premisenone givenThere was even less in the way of a feminist jurisprudence concretely applicable to challenge linchpin practices that reinforce male dominance.
“There was even less in the way of a feminist jurisprudence concretely applicable to challenge linchpin practices that reinforce male dominance.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationStreet prostitution in Sweden decreased from 726 in 1998 to about 300 in 2007, and in online advertisements roughly 300 women and 50 men were additionally found.
“By contrast, street prostitution in Sweden decreased from 726 in 1998 to about 300 in 2007, and in online advertisements roughly 300 women and 50 men were additionally found.145”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [145]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationSimilar complaints against general nonspecialized social services have been reported elsewhere, while specialized exit programs are noticeably more appreciated by people wishing to leave the sex industry.
“Similar complaints against general nonspecialized social services have been reported elsewhere, while the specialized exit programs are noticeably more appreciated by people wishing to leave the sex industry.152”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [152]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationAlthough permissible under the law, claiming damage awards directly from johns has not been realized; however, damages are sometimes acquired from third parties such as pimps.
“Although permissible under the law, this has not been realized; however, damages are sometimes acquired from third parties such as pimps.159”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [159]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
Study design and conductcitationResearchers counted advertisements for prostitution and street prostitution, which at the time were two fairly robust measurements of the prevalence of prostitution from a comparative perspective.
“Researchers counted advertisements for prostitution as well as street prostitution, which at the time were two fairly robust measurements of the prevalence of prostitution from a comparative perspective, especially considering the huge differences found.142”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [142]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
Premisenone givenExit programs are not yet guaranteed under Swedish law, making them vulnerable to public decisions, including misplaced management interventions or budget cuts.
“Nonetheless, exit programs are not yet guaranteed under Swedish law, making them vulnerable to public decisions, including misplaced management interventions or budget cuts.153”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [153]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S4 (based).
Interpretationnone givenEven with small individual damage amounts, an endless stream of individual lawsuits or a larger class action lawsuit would push a major pornography distributor/seller toward bankruptcy.
“Even with small individual damage amounts, an endless stream of individual lawsuits or a larger class action lawsuit would push a major pornography distributor/seller toward bankruptcy.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningThe ordinance only targeted provably harmful materials, avoiding borderline cases.
“Accordingly, the ordinance only targeted provably harmful materials, avoiding borderline cases.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S4 (based).
Premisenone givenBefore Toward a Feminist Theory of the State, no other work had clearly connected feminist practices such as consciousness-raising with a corresponding feminist political theory.
“Before Toward a Feminist Theory of the State, no other work had clearly connected feminist practices such as consciousnessraising with a corresponding feminist political theory.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Premisenone givenMacKinnon's theory connected the dots between the empirically documented harms and unequal conditions of practices such as pornography, rape, unequal pay, reproduction, and abortion with the laws enabling or otherwise influencing those practices.
“MacKinnon's theory connected the dots between the empirically documented harms and unequal conditions of practices such as pornography, rape, unequal pay, reproduction, and abortion with the laws enabling or otherwise influencing those practices.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningAnywhere in the world where male dominance and oppression of women exist, MacKinnon offers an effective blueprint for change.
“Anywhere in the world where male dominance and oppression of women exist, MacKinnon offers an effective blueprint for change.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.
InterpretationreasoningMacKinnon transformed the world through merging consciousness-raising and critically informed scholarship, and her theory effectuated real legal change.
“This is not only because MacKinnon transformed the world through merging consciousness-raising and critically informed scholarship, but also because her theory effectuated real legal change.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningFew other theories offer an effective blueprint for change.
“Few other theories do.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
PremisereasoningMacKinnon offered a legal theory of how to effectively change this system.
“Moreover, she offered a legal theory of how to effectively change this system.”
Quote in the paperSubstantial claim
The paper relies on this without support.
Almost no one else asked the feminist questions about pornography, abortion, and rape before feminists started asking them.
“Almost no one else asked such questions before feminists started asking them.”
The paper relies on this without support.
Originally, rape was perceived as a crime only if another man was offended.
“And originally, of course, rape was perceived as a crime only if another man was offended.”
The paper relies on this without support.
Subordination on gendered grounds is a form of sex discrimination, incompatible with equality, and therefore in conflict with democratic values.
“since subordination on gendered grounds is a form of sex discrimination, incompatible with equality, and therefore in conflict with democratic values.”
The paper relies on this without support.
No woman in Sweden has been murdered in connection with prostitution since 1999.
“No woman in Sweden has been murdered in connection with prostitution since 1999.”
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Each contradiction between two passages listed here was confirmed by an independent check.
A cited percentage is below the stated half-or-more threshold
MinorThe text presents the Chicago result as an example of half or more of sex buyers admitting this, but 48% is less than half.
“Further, half or more johns may admit, as did 79% of 110 johns in Scotland and 48% of 113 johns in Chicago,”
“48% of 113 johns in Chicago”
New Zealand decriminalization is assigned conflicting years
MinorA note dates New Zealand's decriminalization to 2002, while another passage identifies the relevant law as a 2003 law.
“since New Zealand-half the population size of Sweden-decriminalized prostitution in 2002”
“the [2003 law] could do little about the violence that occurred”
Cites
The publisher hasn’t deposited this paper’s reference list.
Research works printed but not linked: 2
- [9]9. INVISIBLE VISIBLE ACTORS: LGBT PEOPLE WITH EXPERIENCE IN SELLING AND/OR BUYING SEXUAL SERVICES] 98-99, 245, 260 (2011), https://alfresco.rfsl.se/ share/s/40M0ziL6TcOP-iECiQTvWg;
- [10]10. NIKLAS ERIKSSON & HANS KNUTAGÅRD, RFSL RÅDGIVNINGEN SKÅNE, SEXMÄNSÄLJER.SE/X: NÖJE BLIR FUNKTION [SEXMENSELLLS.COM/X: PLEASURE BECOMES FUNCTION] 54, 76 (2005), http://www.diva-portal.org/smash/get/diva2:703677/FULLTEXT01.pdf; cf. SOS, PROSTITUTION 2003, supra note 145, at 34 (mentioning an informant referring to several prostituted women who had "dared" to report sex purchasers for rape because the new sex purchase law was perceived to support them in those situations). 157. PROSTITUTION RESEARCH & EDUC., PROSTITUTION IN GERMANY: MURDERS AND ATTEMPTED MURDERS FROM 2002 (PROSTITUTION LEGALIZED) TO 2015, http://prostitutionresearch.com/wp-content/uploads/2015/10/Prostitution-in- Germany-Murders.pdf (linking to news reports about at least fifty-five prostituted persons murdered and twenty-nine murder attempts by sex purchasers or other persons in the prostitution milieu since 2002).
Cited by
Sorted by citations
Malamuth, N. M. (2018) · Aggression and Violent Behavior · doi:10.1016/j.avb.2018.02.013 · Cited by 85 · see citing works
“Moreover, some scholars have argued that there should be a distinction made within consenting pornography between “ dehu-manizing pornography ” and “ erotica, ” (e.g., Waltman, 2017; Check & Guloine, 1989).”
BackgroundApplying feminist legal principles to achieve gender equality in Vietnam’s labor legislation
Dang, M. H. (2024) · Cogent Social Sciences · doi:10.1080/23311886.2024.2350566 · Cited by 12 · see citing works
“…theory has traversed a profound journey, challenging conventional legal paradigms and advocating for substantive equality (menkel-meadow, 1992; waltman, 2017). this enables legal feminist theory to encompass diverse perspectives and approaches and has contemporarily diversified into four…”
Decriminalization of Prostitution: The Soros Effect
Raphael, J. (2017) · Dignity A Journal of Analysis of Exploitation and Violence · doi:10.23860/dignity.2018.03.01.01 · Cited by 6 · see citing works
“Between 2002 and 2015, at least 55 women were reported to have been murdered while engaged in prostitution in Germany; no women in prostitution in Sweden have been murdered since 1999 (Waltman, 2017).”
BackgroundStrandberg, K. (2022) · Advances in religious and cultural studies (ARCS) book series · doi:10.4018/978-1-6684-3637-0.ch006 · Cited by 1 · see citing works
Advancing the right to perinatal mental health through feminist jurisprudence: A narrative review
Behl, R. (2026) · Women s Health · doi:10.1177/17455057261466977
“…jurisprudence helps dismantle legal structures and question political choices by putting women’s experiences at the heart of decision-making, 79–81 making its application inevitable in ascertaining why the right to perinatal mental health is not considered a derivative but an autonomous right…”
- Authors
- Waltman, M.
- Affiliations
- Harvard University (US)
- Corresponding author
- Waltman, Max
- ORCID
- Waltman, Max
- Venue
- Minnesota Journal of Law & Inequality
- Publisher
- University of Minnesota
- Published
- 2017
- Volume
- 35
- Issue
- 2
- Pages
- 353
- ISSN
- 2767-1992 (ISSN-L)
- OpenAlex
- W2659852371
- Cited by
- 5
- References
- 0
- Citations by year
- 2026: 1 · 2024: 1 · 2022: 1 · 2018: 1 · 2017: 1
- FWCI
- 1.14
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Minnesota journal of law & inequality (publishedVersion)
- bepress Legal Repository (submittedVersion)
- SSRN Electronic Journal (submittedVersion)
- Hogskolan Ihalmstad (Halmstad University) (submittedVersion, other-oa)
- DiVA (Stockholm University) (submittedVersion, other-oa)
- Law & inequality
- Topics
- Social Sciences › Gender Studies › Feminism, Gender, and Sexuality Studies
- Social Sciences › Gender Studies › Gender and Feminist Studies
- Social Sciences › Gender Studies › Feminist Theory and Gender Studies
- Keywords
- feminist legal theory, consciousness raising, hierarchy theory, substantive equality, Catharine MacKinnon, Andrea Dworkin, pornography law, prostitution law, feminist political theory
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Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
Claims read by deepseek-v4.1-flash under definition version 3 (extract-v3) on 2026-10-10.
Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-10.
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