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The Regulation of Sex-Themed Visual Imagery: From Clay Tablets to Tablet Computers PDF

315 Pages·2016·4.801 MB·English
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The Regulation of Sex- Themed Visual Imagery The Regulation of Sex- Themed Visual Imagery From Clay Tablets to Tablet Computers Lyombe Eko THE REGULATION OF SEX- THEMED VISUAL IMAGERY Copyright © Lyombe Eko 2016 Softcover reprint of the hardcover 1st edition 2016 978-1-137-56423-8 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission. In accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6- 10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. First published 2016 by PALGRAVE MACMILLAN The author has asserted their right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire, RG21 6XS. Palgrave Macmillan in the US is a division of Nature America, Inc., One New York Plaza, Suite 4500, New York, NY 10004- 1562. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. ISBN: 978- 1- 349- 57781-1 E-PDF ISBN: 978-1-137-55098-9 DOI: 10.1057/9781137550989 Distribution in the UK, Europe and the rest of the world is by Palgrave Macmillan®, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Library of Congress Cataloging- in- Publication Data Eko, Lyombe, author. The regulation of sex- themed visual imagery : from clay tablets to tablet computers / by Lyombe Eko. pages cm Includes bibliographical references and index. 1. Erotica— Censorship— History. 2. Pornography— Government policy— History. 3. Sex and law— History. I. Title. HQ458.E5185 2015 306.77— dc23 2015024371 A catalogue record for the book is available from the British Library. Contents List of Illustrations vii 1 Sex- Themed Visual Imagery as Regulated Representations: From the Euphrates Valley to Silicon Valley 1 Part I: Theoretical and Historical Approaches 21 2 Theoretical Approaches: Explicit Visual Sexual Imagery as Rule- Based Re- presentations 23 3 Explicit, Sex- Themed Visual Imagery as Rule- Based Representations in the Ancient World: Babylon, Assyria, Egypt, and Ethiopia 35 4 The Origins of Pornography: The Heterogeneous, Sex-Themed Art of Ancient Greece 51 5 Explicit, Sex- Themed Visual Imagery as Regulated Representations in China and Japan 63 6 Regulation of Sex- Themed Visual Imagery in India: From Entwinement of the Sacred and the Sensual to Emphasis on Karma 77 7 Clash of Civilizations: Deterritorialization of Judeo- Christian “Legislative Texts” to the Greco- Roman Empire 87 8 Explicit Visual Sexual Imagery as Regulated Representations during the Roman Empire, the Renaissance, and the Enlightenment 105 9 Regulation of Sex- Themed Visual Imagery in the Muslim World: The Persian, Mughal, and Ottoman Empires 131 Part II: Regulation of Sex- Themed Visual Imagery: Continuity, Change, and the Legal Turn 153 10 Regulation of Explicit Visual Sexual Imagery in the United States: The Tension between Agape and Eros 155 vi CONTENTS 11 Pedagogy of the Repressed: Sexual Liberation, Sexual Capitalism, and Freedom of Expression in the United States 175 12 Sexual Capitalism, Organized Crime, and Explicit, Sex-Themed Visual Imagery: The Deep Throat Cases 197 13 Portrayal of Government Workers in Explicit, Sex-Themed Visual Imagery: First Amendment Issues 209 14 Explicit, Sex- Themed Visual Imagery and Intellectual Property Law 219 Part III: International and Comparative Approaches to the Regulation of Explicit, Sex- Themed Visual Imagery 233 15 Sex- Themed Visual Imagery, Freedom of Expression, and Women’s Rights: American and Canadian Approaches 235 16 Regulation of Online Pedopornography (Child Pornography) in the United States and France 257 17 Epilogue: Looking Back and Looking Forward: Sexting and Revenge Porn 275 Bibliography 283 Index 303 Illustrations Figure 1.1 The Ishtar vase depicting Ishtar, or Innana, the winged, nude Sumerian goddess of love and war 5 Figure 1.2 Detail of the Ishtar vase. Note the pubic triangle 6 Figure 2.1 Vase painting of a Greek mythological scene. Eros is the god of passionate physical love 33 Figure 3.1 The Uruk or Warka vase 36 Figure 3.2 W 20274: Uruk (modern, “Warka”) Mesopotamian protocuneiform clay tablet. This is a legal document listing identities of female and male slave names 39 Figure 3.3 Hammurabi bas- relief in the US House of Representatives, Washington, DC 41 Figure 3.4 Terra- cotta plaque of sexual intercourse 42 Figure 3.5 Horse frontispiece from the ancient (Amik) Valley. The woman is holding tails of lions. The lower part depicts nude women holding their breasts 46 Figure 3.6 Horus, the falcon- headed god of the sky, and his consort, Hathor, goddess of feminine love and motherhood. Her name meant “mansion of Horus” 47 Figure 3.7 Visual representation of the Ethiopian national narrative that is grounded in the sexual relationship between King Solomon of Israel and the tenth- century Ethiopian queen, Makeda 50 Figure 4.1 P484: François Boucher, The Rape of Europa 55 Figure 4.2 Ruins of the temple of Diana/Artemis in Ephesus 56 Figure 4.3 Vase painting of Silenus and Maenad. Hydria from Caere 57 Figure 4.4 Aphrodite of Syracuse 60 Figure 5.1 Commercial ceramic flowerpot reproduction/variation on the theme of “The Concubines of Emperor Chu” 67 Figure 5.2 Detail of commercial ceramic art design from a Ming dynasty palace garden scene (commercial Chinese flowerpot). Note the display of the tiny foot, a symbol of beauty and sexuality 68 Figure 5.3 Hishikawa Moronobu, black- and- white shunga 70 Figure 6.1 Chir- Harana. The Gopis (unmarried milkmaids) plead with Lord Krishna to return their clothing 80 viii ILLUSTRATIONS Figure 6.2 Erotic art façade from the Khajuraho sex- themed temple complex in Madhya Pradesh, India 82 Figure 7.1 Spirit of Justice. Neoclassical statue at the US Department of Justice 88 Figure 7.2 Marble group with Aphrodite, Pan, and Eros— symbols of sexuality in Greek mythology 96 Figure 8.1 Ilona Staller: porn star, exhibitionist, and Italian member of parliament 107 Figure 8.2 Fresco in a brothel in Pompeii 110 Figure 8.3 Sandro Botticelli (1445– 1510), Birth of Venus (Nascita di Venere). The shell symbolizes the womb and birth canal 112 Figure 8.4 Fresco of The Last Judgment by Michelangelo 117 Figure 8.5 Detail of Mary and Jesus in Michelangelo’s The Last Judgment 118 Figure 8.6 Detail of Biagio da Cesena as Minos, god of the underworld, being bitten by a snake in Michelangelo’s The Last Judgment 120 Figure 8.7 Venetian masks flourished during the Renaissance as symbols of the anonymous celebration of sexuality and hedonism 123 Figure 9.1 Globalization of sexual capitalism: International editions of Playboy magazine 132 Figure 9.2 Pen box 138 Figure 9.3 Ardavan’s slave- girl Gulnar with the young Ardashir from the Shahnamah (Book of Kings) of Shah Tahmasp 140 Figure 9.4 Album leaf depicting two intertwined women 144 Figure 10.1 Sex shop in Seattle, Washington 168 Figure 11.1 Hugh Hefner and Playboy bunnies at Playboy Mansion Halloween party preview 183 Figure 11.2 Unemployed and homeless sex industry worker on the streets of Vancouver, British Columbia, during Pride Week, 2012 186 Figure 11.3 Retail porn for the masses; sex shop in Seattle, Washington 187 Table 16.1 Comparison of child porn regulation under French and American law 273 1 Sex- Themed Visual Imagery as Regulated Representations From the Euphrates Valley to Silicon Valley One of the ironies of explicit images that portray sexual scenes is that they are rooted in the religious experiences of most cultures. From the dawn of time, religion and sex have been intertwined. This is especially true of the civilizations of the peoples of the ancient Near East, the region of the world that covers parts of modern- day Turkey, Iraq, Iran, Syria, Lebanon, Jordan, and Israel. Contem- porary events in this part of the world remind us of this fact from time to time. In 2006, a court in Istanbul, Turkey, acquitted 92-y ear- old Turkish archeologist Muazzez Ilmiye Cig of the criminal charge of inciting religious hatred. The crime with which Cig had been charged was connected to her academic research. One of the foremost experts in ancient Near Eastern civilizations, and especially the civili- zation of Sumeria, Cig had written that the veil worn by millions of women in the Middle East— and by religious women in the Western world— was a religious and sexual artifact that predated both Christianity and Islam. She stated that five thou- sand years ago, the religious headscarf, or veil, was a symbolic garment that helped set sacred temple prostitutes or priestesses apart from other women (Arsu, 2006). She had written that these sacred prostitutes had sex with young men in the pagan temple as an act of worship and celebration of the goddess of love, sex, and fertil- ity. Cig argued that wearing a headscarf in contemporary society should therefore not be taken as an expression of a woman’s morality or religiosity (Arsu, 2006). Many Turks were not amused. The claim that the religious headscarf, or veil, was the distinguishing attire of temple prostitutes in ancient Sumeria was an explosive claim to make in Turkey, an Islamo- secular country. Though Turkey has a secu- lar constitution and sees secularism as its official creed, it has a population that is almost 98 percent Muslim. Furthermore, its Islamist prime-m inister- turned- president, Recep Tayyip Erdogan, and increasingly assertive Islamist political par- ties slowly but surely oriented Turkey away from its twentieth-c entury dogmatic secularism toward being a country in which Islam is the guiding politico- cultural ideology (Eko, 2012). Indeed, in Turkey, it is a criminal offense to offend the

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