Prostitution, Constitutional and Administrative Law - Essay Example

Problems Faced The first and the foremost problem faced by the group in the discussion was that the group was that the group was not decided on what approach to take to tackle this topic because it was a topic which has certain societal taboos against it and definitely going against these taboos and to break out of the norm myopia was a difficult task to do. The issue that we had considered for evaluation was related to prostitution, which is a taboo in every civilized society and it is thought to be a very immoral thing to do but since this topic was of immense interest to the whole group because it was nothing short of a challenge to tackle this topic. Working in a group obviously has its advantages and its disadvantages the advantages that you gain from working in a group is that more and more ideas can be floated and worked upon and this was certainly the case with our group every one contributed to their fullest and the environment was a competitive one where every one wanted to show their knowledge and use it for the betterment of the team, apart from floating of ideas there was also a case of people having superior knowledge than those of the other members of the group and this was certainly put to good use and helped the whole unit. Since we had divided the group into sub groups so that we may work on different topics and perspectives each and every one had different responsibilities but every one felt a shared responsibility towards the group, this helped us immensely in putting forward our case because every one had a clear cut target to achieve and there were no ambiguities in any ones goals and hence there were no ambiguities in the results that each and every member of this group achieved. Then there were definitely the problems that one had to face within the group as well because there could never be perfect coherence between people when they work in a group because every one has a different take on every notion or topic and every one has a different ways of inferring things from reading material, this obviously created some issues amongst the group initially but were tackled soon after we decided to divide the group into sub groups, one thing should be kept in mind here that although we had divided our selves into sub groups the group worked together, if a group member was to be picked up at random and asked about any part of the debate the member would definitely be able to answer because this whole debate was a well worked out team effort. The other problem that we faced initially was that members had to be convinced that the betterment of the group is in their own interest and hence any information that they come up with should be shared with the group and not hoarded up for individual betterment. Then there was also the issue that some members were reluctant or they didn't have the right chemistry to communicate with each other and the division of the group into sub groups went a long way in removing this barrier in the flow of information flow. Over all the experience of working in a team was a good one because I personally enjoy socializing and getting to know different perspectives and also to interact with people who have a higher knowledge base than yours is an experience altogether where you learn a lot about various topics and how to deal with problems in difficult situations and different conditions. Debate The theories that we applied for the purpose of this debate were the theories of dworkin and specially the work where he criticized the work of hart on the moral implications of law and morality, dworkin states that the moral principles or the moralities that people hold so close to them are more often wrong and since the justice system makes use of these moral principles these laws are even some times incorrect based on the biased or prejudiced views of the society on the whole or a large chunk of the society, therefore if a society views prostitution as malicious then the law should not treat it as unlawful the law should be integral and should not look at it from the moral point of view. Dworkin also argues that there are no such species such as valid laws because people even have rights where the law has faltered or the judgment in a case is totally controversial and hence there exists now totally valid law therefore prostitution should be judged keeping the moralities aside. The whole debate was never the less not based on the work of Darwin or his criticism of harts theories but rather a diversified view point was adopted and other theories, that will be explained in due course, were also incorporated into the debate and also the discussions that took place within the group. The theory of Jeremy Bentham which was that the law should be based on what caused greatest happiness to the greatest number of people and when applied to prostitution this theory was indeed a plus point to have because people who had no social life and lacked the social or physical means to mingle with and to get physically involved with the opposite sex had to resort to prostitution to satisfy this basic human need. These theories combined with the theories of Thomas Aquinas and the theory of fuller were the basis of the argument which was put forward to show the case that we had against prostitution as being titled as illegal. Along with these works the team developed other arguments in favor of the motion, these arguments were based on the fact that not every one can indulge in an intimate relationship and therefore those people who fail to do so will have no ways of satisfying this basic urge and this might even lead to a higher crime rate because if these basic needs are not satisfied these often lead to mental diseases which produce mass murderers, rapists and also serial killers, to avoid such a situation the whole prostitution concept should not be declared as an illegal one rather the law should be looking to curtail and set limits for this act, this would definitely help the society in a lot of ways because nothing is totally unpreventable but things like these are certainly controllable and that's precisely what the law makers and enforcers should be looking forward to do. Opinion Being a part of the group that chose to be against the notion that prostitution was illegal I had a particular mind set to come up with ideas that would negate this concept that a thing which is morally incorrect should also be declared as illegal and theories that we came up with convinced me further because there were world renowned scholars that thought along the same lines as we did and it was a definite plus to come up with theories that would help in the support of this point of view. Although I had my reservations that we could not prove such an immoral thing to be legally valid but after having gone through the theories of such scholars I was convinced of the fact that something that things should not be judged in view of sweeping statements but rather there should be a thought process behind everything. After having discussed this issue within the group we also concluded that prostitution might even be a blessing in disguise because it helped in rooting out certain problems that existed in the society problems which caused such mental turmoil that these lead to the commitment of the most heinous crimes and hence I was convinced that this issue has to be viewed from different point of views and angles. This debate has also lead to me having a neutral point of view about a lot of things in life and this would help me a lot in identifying immoral things which might be a source of conflict in various groups and also lead me to offer a solution on such critical problems. Counter Debate The theories that were presented by the group who stood in favor of the motion were indeed well presented and well debated upon. The sequencing that they followed was rather impressive because it was in a very coherent manner and was logical to say the least but the most impressive part about the debate was that they were able to counter attack points raised by us because with all the research and discussion the only loophole we had was that there were inherent weaknesses in the theories of some of the people that were the basis of our arguments and try as we might we could not cover up these missing chunks for example bentham argued that things which are acceptable by the masses and are a source of joy to the masses should be declared legal but then again torture might cause joy amongst the masses, should that be declared as legal then References 1. jurispudence by jacqueline martin& chris turner, (1980). Legal Theory 2. Dworkin, R. (1984). contemporary jurispudence . oxford university press. 3. Latham, P. (2006). Special education law 4. Alex, C. (2004). Constituitonal and administrative law. Read More