わいせつ
[ｽﾚｯﾄﾞ一覧] [返信投稿] [▼下に]
<<始㌻
page 1 2
1 manolo 2013-11-26 20:56:14 [画像] [PC]

出典：『よくわかる刑法』、井田良、4/20/2006、ミネルヴァ書房（II-8.「わいせつ罪（風俗犯をめぐる問題）」、野村和彦）pp.202-203

1-1. 【1. 公然わいせつ罪とわいせつ物領布罪】
　公然わいせつ罪（174条）は、公然とわいせつな行為をしたものを処罰する。わいせつ物領布罪（175条）は、わいせつな文書や図画、その他のものを、①領布、②販売、③公然と陳列した者を処罰する。販売の目的でこれらの物を所持した者も処罰される。「わいせつ」は、明確に定義しづらい言葉である。後述するように、「わいせつ」を定義づけても、社会認識の変化により、内容は変動する。このため、行為者がどのような事実を認識すれば「わいせつ」となるのか、また、行為者が事実を認識して「わいせつ」と評価することまで必要なのか、議論がある。詳細は立ち入らないが、「わいせつ」という要件が、*ある種の曖昧さを備えていることに注意しよう。（p.202）

*このように、構成要件の解釈と適用が裁判官による価値判断に大きく委ねられている構成要件を規範的構成要素という。（p.202）
12 manolo 2016-08-26 00:13:37 [PC]

3-13.
　ただ、自分の性器の3Dデータをクラウドファンディングの寄付者に提供したことについては、3Dデータを「性器そのものだから」として有罪とした司法の判断とは離れた立場から疑問に思います。司法は「女性器はわいせつか」という命題を立てた上で「芸術性がわいせつ性を緩和する」と考えてきましたが、社会学的には無意味です。解剖学も医学も文脈次第でいくらでもわいせつになる。芸術に価値を与えるものも、わいせつ物にするのも、作品がどう消費されるか、という文脈があるからです。

3-14.
　3Dデータの配布は「プロジェクト・アート」だったとの主張ですが、大事なのは「アートだったかどうか」よりも、それがどう消費されるのか、です。ネット上のデータは、表現者の意図を無視して世界中に広がる、だからこそ、フェミニストはこれまで、作品が意図しない形で消費されないように、公開する場を女性限定にするなど慎重な配慮をしてきました。ネットや複製技術が進化した現代では、より慎重さが求められて当然です。

3-15.
「性器を自分自身に取り戻す」と言いながら、大切な性器をあずかり知らぬ形で消費されても関知しないというのは無責任です・フェミニストたちが今回の件で、沈黙しがちだったのは、男性に利用されかねない点に違和感を持ったからでしょう。なにより、アーティスト自身が傷つかないのでしょうか。彼女の無防備さに、セクハラが蔓延する男性中心社会で「わたし、これくらいは大丈夫なのよ」と言いながら、感受性を鈍くして生き延び来た現代女性の「鈍感さ」を感じます。セクハラをすると反応する人型ロボットが世に出て、デザイナーが女性だと話題になりましたが、通停するものがあります。

3-16.
　60年代から半世紀、女性の社会進出が進みましたが、ごく普通の女性が援助交際などの性産業にかかわるハードルは下がる一方です。女性が「消費される性」であり続ける現代はむしろ、悪化している。女性が「性器を自分に取り戻す」こと自体はすばらしいですが、それがセクハラ文化につけ込まれる可能性にも敏感であってほしいです。
13 manolo 2016-08-26 00:19:15 [PC]

出典：『The Japan Times News』、5/9/2016、「‘Vagina artist’ Igarash loses obscenity case over 3-D data but is acquitted over pop art replicas」

(http://www.japantimes.co.jp/news/2016/05/09/national/crime-legal/vagina-artist-convicted-of-obscenity-court-acknowledges-pop-art-motive/#.V79iFZiLTIU (閲覧日8/25/2016))

4-1.
　An artist was fined \400,000 for obscenity on Monday after distributing 3-D printer data of her genitals and said she plans to appeal the ruling. Megumi Igarashi, 44, known by pseudonym Rokudenashiko (Good-for-Nothing Girl) or -more bluntly- the “vagina artist,” was convicted of distributing the data over the Internet in October 2013 and March 2014. She said she will appeal the Tokyo District Court ruling.

4-2.
　The data allows users to create precise replicas of her genitals. The data contained such detail that the court judged it to comprise an obscene object as defined by law. The ruling added, the stunt’s artistic merit was too low to balance out its sexuality titillating nature.

4-3.
　But the court acquitted Igarashi of a separate charge of “displaying obscene materials publicly,” namely exhibiting a vagina-shaped plaster artwork in a Tokyo sex shop in July 2014, because the item was made with colored materials and did not resemble a real vagina. Prosecutor sought a fine of \800,000 for the obscenity charges. In the trial, Igarashi maintained her innocence, calling her art a form of expression that was not intended to cause sexual arousal. She told reporters after the ruling she was “happy” that the ruling partly acknowledged her works to be a form of pop art, as the public has often misunderstood her artwork.

4-4.
　However, she expressed disappointment at not being exonerated by the court. “The ruling explained my artwork was OK because it didn’t look like real female genitals,” she told a news conference. “It’ still says genitalia are obscene objects.” She said she plans to appeal to a higher court as she believes she is innocent.

4-5.
　A feminist and manga artist, Igarashi claims her artwork is intended to challenge taboos in Japan, where the vagina is considered obscene. Igarashi was initially charged in July 2014 for distributing the 3-D data to donors of at least \3,000 to a crowd-funding project aimed at raising cash to produce a kayak modeled on her genitals. She was released days later but was arrested in December that year for obscenity. In April, Igarashi announced that she is engaged to be married to British to musician Mike Scott, a singer and guitarist. She said she would move to Ireland, where Scott lives.
14 manolo 2016-08-26 00:23:42 [PC]

出典：『The Japan Times』、5/28/2016、「The vagina on trial: more absurd than obscene」 by Philip Brasor (http://www.japantimes.co.jp/news/2016/05/28/national/media-national/vagina-trial-absurd-obscene/#.V79ZwJiLTIU (閲覧日8/25/2016))

5-1.
　Though the obscenity trial of the artist know as Rokudenashiko ? real name Megumi Igarashi- ended earlier this month with a conviction on one of her charges, we haven’t heard the last of her. She plans to appeal the verdict, which is good news for the press and the public, since few court trials of recent memory has been as entertaining.

5-2.
　Rokudenashiko’s crime was distributing 3-D data to sponsors of one of her projects: a kayak in the shape of the artist’s own vagina, big enough to launch in open water with a human in the driver’s seat. According to police the data qualifies as obscene materials, so Rokudenashiko was basically distributing pornography. She said the data constituted a work of art and was thus protected by free speech statutes. She also emphasized that the purpose of the project was to challenge the notion that depictions of female genitals are inherently “shameful”,

5-3.
　“I wanted to get rid of the image,” she said before the trial began, “so I created the artworks were humorous.” She drew comics and other graphic pieces featuring vaginas and colorful, silly motifs. None of them seemed to bother the police, but the 3-D data, since it represented actual genitalia, was too much even though the only way someone could possibly be sexually stimulated by it would be to input it into 3-D printer and produce a cast, which no one except the prosecution did, apparently. The vast majority of people do not have such devices at their disposal

5-4.
　And it was this aspect of the trial - the idea that police, prosecutors and judges were the only people making claims that Rokudenashiko’s work was arousing ? that gave the story its eyebrow-raising subject. The artist’s aim of countering the authorities’ reception of female genitalia as something disgusting through the use of humor found its most successful expression in the courtroom. The trial itself was a work of art, though it was definitely not a solo show.

5-5.
　The prosecution’s case was based on the idea of pornography as something that stimulates sexual desire to the extent the consumer “feels” “self-loathing”. This is a highly subjective call. The prosecution would have to generalize the reaction to the 3-D data, which is hypothetical anyway, since none of the people who received it turned it into something that resembled a vagina.So the strategy became part of subtraction: remove the “art” component and what you have is pornography, because according to their logic there are only two ways to consume information of a sexual nature.
15 manolo 2016-08-26 00:27:25 [PC]

5-6.
　The Asahi Shimbun’s detailed coverage of last November of the cross-examination of defense witness Michio Hayashi, a Sophia University professor of art history, was particularly diverting. The defense established the idea that while most people can tell the difference between pornography and art, obscenity is more personal. To Hayashi, pornography is designed to be “commercially consumed” by provoking lustful feelings,” and to him Rokudenashiko’s work satisfied neither of those criteria. “If you told me (Rokudenashiko’s work) depicts female genitalia, I would recognize it as such,” he told the court. “But that doesn’t mean I think it’s obscene.”

5-7.
　The prosecution tried to undermine this approach by entering as evidence a paper by a criminal law scholar who stated that the artistic value of Rokudenashiko’s work cannot be recognized “by the average person,” thus suggesting that those without a grounding in aesthetics will look at her kayak and see something dirty. Hayashi said it doesn’t make sense to judge artistic merit based on reaction of the general public” because it isn’t always the purpose of art to be appealing.

5-8.
　“Everyone has a different way of seeing,” he reiterated and went on to assert that something originally produced to elicit lust can later be seen as having artistic value, such as the erotic shunga drawings of Edo period (1603 to 1868). Sometimes both exist at the same time. Nagisa Oshima’s 1976 film, “In the Realm of the Senses,” could be “marketed as at or as pornography” with equal effectiveness, said Hayashi. When one of the judges asked what “art” means to him, the scholar induced chuckles by remarking, “That’s the kind of thing you write books about.”

5-9.
　A few days later the artist herself took the stand and threw the prosecution’s reasoning back in their face while explaining the history of her “vagina art,” pointing out that visitors to one of her exhibitions complained that her depictions “weren’t explicit enough.” “They told me they got no sexual gratification from it”, she said, because to those people there’s nothing exciting about female genitalia unless it is seen as being forbidden.　In response, she tried to make her reactions more realistic, which is how she came up with the idea of 3-D scanning her own vagina. When she was asked why she chose to print the data as a kayak, she said, “I wanted to make a vagina car, but I couldn’t afford an engine.”
16 manolo 2016-08-26 00:28:26 [PC]

5-10.
　In the end, the prosecution couldn’t prove that the vagina kayak was obscene since it was so stylized, but the 3-D data - which only they had “seen”- was. So, the court fined her only \400,000, or half the amount the prosecution had demanded. It’s notable that the sentence was delivered by a female judge, who nevertheless failed to revert the misogynistic essence of the case. Manga artist Jun Miura was especially tickled by this fact. During a discussion on Bunka Hoso radio, he said the legal rationale for obscenity implied that the prosecution was in a constant state of arousal during the trial, and to a person like him, who revels in lewdness as a matter of professional duty, it proved the value of Rokudenashiko’s work: “It’s good to be excited by art, isn’t it”

5-11.
　If you took the prosecutor’s argument at face value, as he pointed out, then so many things can be deemed obscene. Fortunately, Miura’s own fetishistic sensibility was not the source of the law’ s definition. Otherwise, all sorts of things would be banned. “I got into a department store and see a row of bright red high-heeled shoes,” she said, “and I get really turned on.”
<<始㌻
page 1 2
[ｽﾚｯﾄﾞ一覧] [返信投稿] [▲上に] [管理ページ]
もっとき*掲示板