PUBLIC NUDITY
What is public nudity?
Public nudity is a unique issue as there is no specific law forbidding a person from being nude in public in England & Wales. However, if that person’s nudity causes harassment, alarm or distress to the public, it is an offence contrary to s 5 of the Public Order Act 1986. In the case of Gough (Stephen Peter) v Director of Public Prosecutions, the defendant was charged under the said Act for walking naked through a town centre and causing persons to become alarmed, distressed and disgusted at seeing the defendant naked. His appeal was dismissed as he had knowingly violated public order, thereby contributing to a breakdown of peaceful and law abiding behavior. This offence requires at least two witnesses to the public disorder and it must also be objectively unreasonable for the defendant to act this way. If one applies the harm and offense principles, it would be easy to conclude that this act of public nudity does not pass the test that makes it an offence against public order or at all.
Application of the harm principle & offense principle to public nudity
As discussed earlier, the harm principle requires a setback in the person’s interest and a wrong which violates the other’s rights. In the case of Gough, it would be unrealistic to suggest that he caused harm to the public as there was no set back in their interest and there was no wrong done to them capable of violating their rights. Feinberg classifies nudity under the offense principle, as the naked body causing total confusion and disarray of feelings to the onlooker. He states that the public nudity of others can produce “shameful embarassment” in oneself. He attributes this shame to one’s own shortcoming in the sudden loss of ...
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...e taken away even if it causes discomfort or offence to the public.
Moreover, the duration of someone’s possible disgust at seeing a naked person in the street is minimal. It is relatively easy to avoid a nudist; it harms no one but may cause tolerable discomfort for a brief moment. Decriminalising public nudity would provide naturists with an outlet for self expression which can be easily regulated. The public would have adequate warning of the designated zones, thereby avoiding uncomfortable situations involving minors. It is submitted that the fact that certain acts may offend some persons should not supersede the duty of policy and law makers to preserve the values or freedoms that are so essential to a democratic society. A person’s right to expression is one such value which should not be easily disregarded and taken away especially when it causes no harm.
I am not doing this necessarily for myself. I am doing it for the females to follow long after I am gone. My enthusiastic, ambitious pupils in high school help me realize that there is a greater purpose in all the work I have done. To denounce our tight corsets and long hair is to regain our own sense of identity. Why can’t I wear loose clothing? Why is it frowned upon to sport a short bob instead of the apparently coveted luscious locks? If a man can smoke a cigarette, what is the purpose of a man having a say in whether or not I choose to smoke a cigarettes. My mindset tells me that the patriarchy should not even be able to comment scantily regarding a woman smoking a cigarette. All the women are smoking and that is that. This advocation dress reform may seem superficial, but it is more symbolic of the lack of freedom in society. I want to demonstrate the lack of freedom women possess today, as showcased by a guideline of how women should dress. A breathing restricting clothing st...
The purpose of this document is to analyze a proposal introduced by a common council member to ban “saggy” pants with enforcement of a fine up to $500 and or jail time of up to 30 days. The council member argues that constituents in Albany have complained about the pants being worn below the buttocks, and this style of clothing has created a sense of fear. I will provide a brief history, further identify the problem, demonstrate the criminal justice implications of the policy, provide an alternate solution and conclude with my decision to support or decline the passing of a bill and why.
Avant Garde is unusual and experimental art, styles, ideas, etc… Picasso’s Cubism is a good example of this. The Italian Renaissance was probably the single most avant-garde time in the history of painting and sculpture. Nudity became acceptable and recognized as a noble type of art. Impressionism also played a large role in Avant Garde. Suddenly colors became unorthodoxed, for example, grass could be red, the sky could be brown, People could be blue, etc… In the early 20th century Fauvism, the style of les Fauves (French for "the wild beasts"), a loose group of early twentieth-century Modern artists whose works emphasized painterly qualities
Let’s Put Pornography Back in the Closet” is an persuasive essay written by Susan Brown Miller stating and giving her reasons on why she thinks pornography should be removed from all the shelves in America. She goes on to state what kind of influence porn has negatively on society, and how it’s no good in our society to persuade readers that pornography should be taken off of public shelves. In her article, she does state very valid points and substantial reasons why pornography should be removed from shelves. But also, she does sound a lot like a person who is very critical of something that she believes is wrong morals wise because that’s how she was raised perhaps. Some of the methods she uses are the analogy method, quantitative method, and some emotional appeal as well. She also has some unsupported generalizations that she had made up herself. Either way, there were a few instances to where I was completely against with Miller’s arguments, but they were outweighed by the instances where I did agree with Miller. In all, this essay persuades me to support her opinion on pornography being taken out the public shelves because of the valid reasons and points that she used to support her opinion.
Shalit, Wendy. "The Future of Modesty." The Presence of others: Voices and Images that Call for Response. Ed. Andrea A. Lunsford, John J. Ruszkiewicz. New York: St. Martin’s 2000. 214-220.
First Amendment protections were upheld in the case of Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (Reno, 1997). The Communications Decency Act of 1996 was found to violate the First Amendment’s protection of freedom of speech. In appealing the CDA, appellees were hoping that the court would determine that the CDA violated both First and Fifth Amendment rights. While the court agreed that the CDA violated First Amendment rights, they did not rule on the issue of Fifth Amendment rights violations. Both constitutional and criminal issues were being addressed in this appeal.
The intersection between one’s mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of self-determination. When these guarantees intersect with gender, they create a private space which protects all those elements which are crucial to gender identity. The family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. The right asserted in a variety of formulations, enshrined in the major human rights instruments, and found in constitutions and interpretations, has enabled international bodies and national courts to protect individuals in the protection of the home and the person and the right to personal autonomy, and in such personal decisions as sexual orientation, choice of a marital partner, the surname one wishes to use, and keeping secret one’s correspondence , as well as protecting the right to be free from surveillance and other intrusion in a person’s ‘private
In a case similar to Fraser, a student was sent home twice for wearing a Marilyn Manson t-shirt with a three-faced Jesus on the back. The t-shirt also referenced biblical statements that were deemed inappropriate and disruptive to the learning environment. The court found that the school had the right to impose action for words or phrases that were considered vulgar and offensive. Just as with the Fraser case, the ethical significance is that students do not have the right to wear articles of clothing that depict messages or images in an offensive, public manner.
Pornography is considered by many to be an unwelcome and distasteful part of our society. However, I argue that it is necessary to voice the unpopular viewpoints, under the Constitution. This paper is a defense of pornography as a constitutional right of free expression, under the First Amendment of the Bill of Rights. In illustrating this argument, I will first define pornography as a concept, and then address central arguments in favor of pornography remaining legal and relatively unregulated – such as the development of the pornography debate throughout modern US law, and how activist groups address the censorship of adult entertainment.
Wintermute, R. (2002). Sexual Orientation and Human Rights: The United States Constitution, the European Convention and the Canadian Charter. Oxford, UK: Clarendon Paperbacks.
Susan Brownmiller is a feminist, the founder of Women Against Pornography, and an author of several books (57). The essay “Let’s Put Pornography Back in the Closet” comes from the book Take Back the Night, published in 1980 (57). She clearly wants to inform and persuade the audience of this essay to believe that pornography is degrading to women. In her introduction, Brownmiller tries to gain the reader’s sympathy by stating, “Free speech is one of the great foundations on which our democracy rests” (57). However, she does not think that pornography should be protected under the First Amendment. Her reasoning is biased and based on her own moral beliefs.
Nudity: a controversial topic from the beginning of time. It has raised questions such as: Should girls have to cover their shoulders when in the classroom? What is the appropriate length for a pair of shorts? And one of the more famous campaigns should women be allowed to “free the nipple.” Recently nudity has been used by celebrities to show support for presidential candidate Hillary Clinton. This is a controversy because some people believe that a woman using her body as a sexual image promotes the idea that others also have the right to view and support the idea that women are sexualized objects. In this article “Katy Perry’s naked vote reveals more than she wanted” written by Barbra Ellen explores this controversial topic by using many rhetorical devices.
Ultimately, censorship is a major controversial topic that affects people’s political and moral views. Because our current culture is full of explicit and inappropriate material it is society’s “responsibility to ensure everyone is granted access to the best education” and future, but at the same time keep up with the world’s evolution. (Wilson para.10).
Leisure first explains to the reader what a natural law would consist of, if it were in fact to be “a law in nature” rather than a “man made law.” Currently in our legislation, debates about homosexuality and same sex marriage are being discussed. Hence, Homosexuals are being deprived of marriage, yet expecting nothing in return for their future outcome besides that of marriage itself, leisure writes, “ Natural laws are not passed by any legislator or group of legislators; they impose no obligation upon anyone or anything; their violation entails no penalty, and there is no reward for following them or abiding by them (158)”. We can conclude that when homosexuals practice their sexual preference, they are not acting in accordance with an unnatural manner.
Schools all over the world have created and enforced dress codes. Some schools are more relaxed than others; however, they all share the common theme of regulating what students can and cannot wear during the school day. But what happens when the latest fashion trends completely compromise the implemented dress code? That is the problem student’s-particularly young women- are facing in today’s society. The overwhelming increase in dress code violations has brought to light another issue associated with the codes: sexism. More and more, young women are being targeted and punished for dress code violations. While this may be due to the fact that fashion in today’s society is all about tight clothes, it could also lead to more long-lasting and sinister consequences. The rules set in place by schools prevent students and teachers from being “offended” or “distracted” by what these girls are wearing; however, this also lends to rape culture and making girls believe it is their fault if they receive unwanted male attention, as well as leading boys to think their behavior is okay. Dress codes send the message that it is a girl’s fault of anything bad happens to her due to her “suggestive” clothing.