Most people are familiar with Justice Stewart's now classic statement
that while he cannot describe pornography, he certainly knows it when
he sees it. We instantly identify with Justice Stewart. Pornography is
not difficult to recognize, but it does elude description. This is be
cause traditional attempts at description are attempts that seek to ex
plain at either an abstract or empirical level rather than at the leve
l that accounts for experience in its totality. Justice Stewart's lame
nt represents the need to understand the subjective experience of porn
ography and cease trying to explain it in purely objective terms. Much
feminist literature in general and Catharine MacKinnon's work in part
icular seeks to do just this. MacKinnon argues that pornography should
not be explained in familiar First Amendment freedom-of-expression te
rms, but rather in terms of the actual sexual abuse it constitutes in
experience. Then, and only then, are we able to select the appropriate
legal remedy. This essay suggests that MacKinnon's position not only
needs the support of a non-traditional philosophical approach, but has
one readily available in the phenomenology of philosopher Edmund Huss
erl.