In Jacobellis v. Ohio, US Supreme Court Justice Potter Stewart claimed that, while he could not concretely define "obscenity", stating, "I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description [obscenity]; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it..."
[Source: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=378&invol=184]
I'm going to argue that this is, in fact, a wise move, although I shall warn you up front that my argument is weak and not the result of much in-depth research and whatnot. Consider, if I stated that an item is necessarily obscene if and only if it has Property P-- or, alternatively, an item is necessarily not obscene if and only if it lacks Property P-- it would be likely that, given the rapid development in communication technology, ways could be found to avoid a work's clear possession of Property P. To concretely define what Property P is, one would be concretely defining obscenity; however, while examples of obscenity might be concrete, new forms might arise, and Property P might prove insufficient to capture a future definition of obscenity. In fact, I believe that an understanding of obscenity necessarily requires a context-- it is subjective, and obscenity cannot be sufficiently understood outside the context it is portrayed in-- thus entailing that obscenity be understood subjectively rather than objectively.
One might object that this makes obscenity relative; after all, two individuals might disagree on whether a work is obscene. However, while contradiction is necessarily a valid attack on arguments in the sphere of objectivity, I argue that such is not the case in the sphere of subjectivity. If I said, "Jeremy Soule's orchestration of Terra is the most beautiful", I might be subjectively right; you might favor Nobuo Uematsu's rendition, and it would be a lie for you to claim any other work as the greatest. Such beliefs are not relative-- they are held by absolute standards; the standards are internal to the individual, however,-- subjective-- as opposed to corresponding with an external law or principle, objectivity. Obscenity is similar.
Thoughts?
Showing posts with label obscenity. Show all posts
Showing posts with label obscenity. Show all posts
Friday, September 11, 2009
Obscenity as Abstraction
Posted by Zach Sherwin at 5:13 PM 6 comments
Labels: definitions, obscenity
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