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l approach and so we exchanged ideas and drafts. The difficulty of defending an absolutist view was well illustrated by an exchange between Justice Potter Stewart and Professor Bickel. Stewart asked Bickel about “a hypothetical case:” “Let us assume that when the members of the Court go back and open up this s
ized words—“subordination,” “dehumanized,” “objects,” “scenarios of degradation”—are so vague and subjective that they could apply to the writings of Shakespeare, Checkov, Roth, Hemingway, Mailer, DeSade, Miller and many others. The only element this new definition of pornography has in common with what Justic
minimum, it is becoming rapidly difficult to hide behind vague intuition for ethical decisions—“I know it when I see it” (U.S. Supreme Court Justice Potter Stewart, 1964) or the “wisdom of repugnance” (aka “yuck factor,” Leon Kass, 1997), or vague appeals to “common sense.” As we have to deal with minds alien to
ommunity, must say something substantially different from the community’s previous common stock of information.” This was why “schoolboys do not like Shakespeare,” he concluded: The Bard’s couplets may depart starkly from random bitstreams, but they had nonetheless become all too familiar to the sense-making p
minimum, it is becoming rapidly difficult to hide behind vague intuition for ethical decisions—“I know it when I see it” (U.S. Supreme Court Justice Potter Stewart, 1964) or the “wisdom of repugnance” (aka “yuck factor,” Leon Kass, 1997), or vague appeals to “common sense.” As we have to deal with minds alien to
ommunity, must say something substantially different from the community’s previous common stock of information.” This was why “schoolboys do not like Shakespeare,” he concluded: The Bard’s couplets may depart starkly from random bitstreams, but they had nonetheless become all too familiar to the sense-making p
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