Legalization of Prostitution

Paper Summary:

This paper studies the legalization of prostitution, providing a thorough review of the arguments for and against the move. First, the author studies arguments in favor of decriminalizing prostitution, which are: (1) the subject matter itself is inappropriate for governmental legislation or regulation; (2) one's body, like one's other possessions, should give rise to the right to sell and dispose of as one wishes; (3) sex for hire is more accurately portrayed as a failure of the welfare state and not a criminal matter; and (4) the subject matter would be most fit for regulation, to ensure that women are treated humanely and receive appropriate medical attention so as to prevent the spread of disease. Then the author details how opponents of legalization view those same arguments.

From the Paper:

"Proponents of decriminalizing or legalizing prostitution point to the fact that the issue, at its fundamental level, concerns consensual relations between two adults. They contend that the subject matter is simply not appropriate for governmental intrusion, even when that intrusion extends only to placing sanctions, and not regulation. They argue that to say the least, sex, even when it is commercial sex, is a very private affair in which many believe the government has no business meddling. They contend that conservatives, the strongest supporters of the status quo, generally adopt a laissez-faire attitude about governmental intrusion and individual rights, and in refusing to support the same of prostitution, they exhibit extraordinary hypocrisy."

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