Den rene sjæl og den rene lyst

Træk af pornografiens historie gennem 300 år med særlig henblik på dansk lovgivning og retspraksis

Abstract

This article is a study, from the perspective of cultural/legal history and sociology, of the relations of the legislative powers and the courts to sexually explicit publications, especially in Denmark. It is demontrated that while a comprehensive production of regular pornography emerges and develops in Central and Southern Europe from the mid-seventeenth century, pornography does not really reach Denmark until the 1960s. Nevertheless, Denmark follows suit when, from the end of the eighteenth century, other European countries begin to introduce legislation aimed at suppressing pornography. Danish legislation and legal practice in this area is reviewed including the legalization of pornography in 1967 and 1969. It is demonstrated that although a succession of new laws and amendments institute a radical redefinition and gradual expansion of the criminalised area, which reaches a peak in 1939, the courts maintain a continuous and independent practice incurring punishment for sexual depictions which supposedly stimulate a harmful »sensual excitation« in readers or viewers. It is argued and certain evidence is presented to indicate that the rise and development of pornography, and the reactions of the authorities to this, are closely related to the need of certain population groups for, and the dominating view of, autoerotic stimulation. The relation to the development of sexual control in general and (accordingly) to basic conditions of society and human living is pointed out.