[221] Bataille, supra note 205, at 36.
Drawing on Hegel, Bataille examines the dialectic of transgression and taboo.
To Bataille, a transgression "suspends a taboo without suppressing it." Id.
Rather, "transgression does not deny the  taboo but transcends it and completes it." Id. at 63;
see also

 Jessica Benjamin, The Bonds of Love: Psychoanalysis, Feminism, and the Problem of Domination 62-68 (1988) (discussing Bataille and Hegel);

David Cole, Playing by Pornography's Rules: The Regulation of Sexual Expression, 143 U. Pa. L. Rev. 111, 116 (1994) ("Sexual expression ... subverts every taboo by making it a fetish. The forbidden is simultaneously eroticized.").

[222] Jean Laplanche & Jean Bertrand Pontalis, Fantasy and the Origins of Sexuality, in Formations of Fantasy 11 (Victor Burgin et al. eds., 1986).  

[223] Freud, Degradation, supra note 213, at 213.  

[224] Id. at 214. For an interesting critique of this passage, see William Ian Miller, The Anatomy of Disgust 124-27 (1997).  

[225] Freud theorized that men and women reacted differently in this respect. Men often chose to grapple with the obstacle by splitting their desire between

an "appropriate" wife, who recalled the man's mother or sisters, and

a mistress whom the man could view as degraded and therefore outside the incest taboo. (Freud's analysis dwells on class distinctions here.)

Freud reasoned that it was often "not possible for [women] ... to undo the connection thus formed in their minds between sensual activities and something forbidden ... ." Freud, Degradation, supra note 213, at 211-212.

[226] Suein L. Hwang, Drag Queens: Paula Puffs and Her Fans Watch Enraptured  'Smoxploitation' Films Signal That Smoking is Becoming a Fetish Among Many, Wall St. J., Jan. 31, 1996, at A1.  

[227] Id. As the editor of a pornographic magazine that has turned to smoking pictures argued, "anytime something becomes ... taboo, it will be eroticized." Id. (quoting Dian Hanson, editor of Leg Show, a "popular fetish magazine").  

[228] Catharine A. MacKinnon, Feminism Unmodified: Discourses on Life and Law 162 (1987).  

[229] Id. at 151. MacKinnon assumes that her ordinance eschews one of the pitfalls of obscenity law - state power enforcement - by making pornography a tort, subject to individual women's civil lawsuits, rather than a crime. Id. at 198-205. Obviously, the state is still involved in the tort system, a problem that MacKinnon avoids completely.