harm precludes the notion of a harm suffered collectively which cannot be delineated individually. While class actions are possible, and claims may be made on behalf of groups such as company shareholders, this is only by virtue of the fact that a legally recognized individual has suffered an identifiable particular harm. Thus, the conventional liberal notion of harm is radically distinct from that outlined by Howe and MacKinnon. Since on the liberal conception rights holders are autonomous, individual selves who are essentially distinct, harm to one is distinct from harm to another. It may be that a liberal conception of a rights holder simply renders the concept of a social harm, and thus a cause of action "for women as women" incoherent. I do not wish to discuss whether it is possible to develop a complete liberal notion of social harm. It is sufficient to note that the notion of harm to rights holders inherent in the dominant liberal legal discourse appears to preclude a cause of action by any individual simply by virtue of their membership in an oppressed social class. The problem for feminism is that the offence of trafficking in pornography, if the cause of action were limited to individuals who allege a direct harm stemming from this trafficking, may seldom if ever deliver a remedy. Consider the immense burden for a successful action: She must first prove that the relevant materials are pornography. They must be sexually explicit and they must contain one or more of the features listed in the definition. Second, she must prove that the materials sexually subordinated her. The materials have to be more than just offensive; this is not a law that worries about offending sensibilities, it is concerned with injuries to women. These injuries must be proven in court. Only then will the plaintiff be awarded damages o...
