Prostitution: The for Legalization - Case Study Example

and number Prostitution: The Case for Legalization When most people make a mental list of professions, prostitution is not one that automatically comes to mind. When it comes to “the world’s oldest profession,” views are varied, and discussions on the topic intense and often heated. Since ancient times attitudes surrounding prostitution have evolved from its glory days in ancient Greece, as a celebrated necessity along with its practitioners, to a cultural evil despised and disparaged, its practitioners hounded through legal prosecution as deviants from the social norm. Many social, psychological and legal commentators, however, defend the practice as a positive one that should be legalized for a variety of practical legal and societal reasons. Nothing in the form of research on prostitution had been done before the nineteenth century, when a flurry of studies, the most famous of which by Dr. William Sanger, were published. Sanger was mainly concerned with who the average prostitute was and why she had chosen or was driven to the lifestyle. The profile showed a woman in her late teens or early twenties, usually illiterate, poor and/or from broken families (Bullough 243). Pre-dating Women’s Liberation, women of the day did not have very many options between being supported by a husband or family, or life on the streets. If one fell into poverty and had little or no education, prospects were bleak. Should a woman fall into social disgrace it seemed little difference if she took to prostitution or not; her reputation was destroyed anyway. “In his novel, Tess of the DUrbervilles, Hardy paints a different picture of a ruined maid where Tess, seduced and betrayed by an aristocratic libertine, is inevitably driven towards her ultimate destruction” (Bartley 1). Many families on the lower economic strata saw nothing wrong with forcing a daughter into prostitution, and many domestics, immigrants, with no money or seduced and abandoned by their rich lovers, saw no other option. (Bullough 243). On the question of should prostitution be legal, and despite Sanger’s rather dire findings, he remained a pro-legalization advocate. “...if history proves that prostitution can not be suppressed, it also demonstrates that it can be regulated, and directed into channels where its most injurious results can be encountered, and its dangerous tendencies either entirely arrested or materially weakened” (Sanger quoted on ProCon.org, para 2). To legalize or not to legalize continues to be a question that perplexes society. And those who would abolish it, as well as those who would regulate it continue to debate the questions from the perspective of government, society and the women themselves. The main arguments have remained pretty much the same over time: the practice undermines the institution of faithfulness in marriage and, particularly from the feminist point of view, encourages the exploitation of women. Church views usually rest on the practice itself “as a symbol of cultural and moral decline...” (Rosen para. 1). Speaking to the economics of prostitution as a valid business enterprise, one can argue the activity is in line with our market economy and capitalist notion of enterprise. Barry writes, “...as there would be no prostitution without market demand, there would be no industrialization of sex without commodity consumption.” (162) Given this, it seems a valid argument, and one made by prostitutes themselves, that what they do should be considered a service industry and that “Removing the taint of illegality would do much toward improving working conditions...[and] discourage economic exploitation of prostitutes by pimps or brothel owners” (Rosen para. 8). Prostitutes working at the famous Mustang Ranch in Nevada are rumored to have made over $160 and hour, hardly the poor working girl image as portrayed by many opponents of legalization. The ranch’s owner, who for years avoided paying taxes, in the end, lost the ranch to the Internal Revenue Service. Proponents for legalization often the cite tax benefits which could automatically result. In Nevada alone a two million dollar tax revenue has been estimated from a proposed five dollar per sex act in legal bordellos. (Riley para. 3) Furthering the economic aspect, Brazelton writes, “You dont have to be a moralist or a prude to buy the argument for banning prostitution. But if youre so inclined, its an easy one to take apart” (para. 3). Brazelton quotes Chicago University law and philosophy professor, Martha Nussbaum: ...lots of work involves the sale of bodily services and that lots of the work that poor women do involves bad working conditions. For her, its all about context—theres a big difference between a street worker controlled by a pimp and a high-end call girl who picks her own clients, and the real question is how to increase poor womens access to decent and safe work in general. Legalizing prostitution ‘is likely to make things a little better for women who have too few options to begin with,’” (para. 3). When considering the selling aspect of prostitution, the whole idea of unfair labor practices becomes an interesting issue in itself. Stretching the aspect of the prostitute as no more than a sales person or representative, it might be said the person performing a similar sales job action has advantages over the prostitute simply because the legal system prohibits the prostitute from selling the particular product. Not allowing prostitution is tantamount then to not allowing people to work in sales, which is probably in the least unconstitutional. Also, in comparing the activity to sales, why should the health and welfare of a prostitute, as a sales rep, be less important or in jeopardy because a group of those opposed refuse to accept the fact that legalizing prostitution would certainly make things medically safer for the prostitute. Other “sales reps” are not required to put their health in jeopardy. Legalizing prostitution regulations could be established to ensure that those involved would be properly examined at regular intervals—a protection not only for the prostitute, but for the receiver of the “services” as well. The “moral establishment” is continually railing against prostitution as morally offense to our civilized society and indeed see it as a crime against morality. Obviously, this is a very slanted view of a few that has translated into political and legal stances against prostitution. The spin off affect has lead to a series of negative social reactions that, to the individual involved, should be considered an infringement on civil rights, not the least of which is the social stigma of being a “whore.” Theodore Dalrymple, writer and retired physician in his condemnation of legalized prostitution writes: “Presumably, orgasms are now a consumer product just like any other... Once again, the attempt to remake our moral universe by a change of terminology stands revealed as shallow moral exhibitionism..." (Is Prostitution Immoral? para. 2-4). Presumably, this is correct. And the issue becomes does Dalrymples’s sarcastic view of the occupation necessarily make it a target for illegality or something that most be avoided on ephemeral moral grounds. Countering Dalyrymple’s view, Alexa Albert, MD is quoted in the same online discussion from her 2001 book Brothel: However disturbing the idea of commercial sex may be to some of us, its naïve to believe that prostitution can ever be eliminated. The demand will be met with supply one way or another, no matter what is legislated. Turning our backs on the women (and men) who do this work may be far more immoral - even criminal - than prostitution itself. Only when we recognize and validate the work of professional prostitutes can we expect them to practice their trade safely and responsibly. (Is Prostitution Immoral? para.6) What the prohibition does to people in a free society is another matter and argument. No person can decide for another person what makes them happy. Our society places a high value on freedom and unless an action is harming someone else, or being inflicted upon someone else against their will, it is not for society to forbid it. In short, what moralists try to say regarding prostitution is that in reality, from a moral perspective, no one, particularly the prostitute, can possibly find happiness plying such immoral trade. Happiness, however, does not seem to enter into arguments against legalization based on the institution of marriage unless “happiness” as defined means preserving the institution at all costs as benefiting society in general. Ideas put forth for the most involve preconceived notions about the importance and social and moral significance of the institution itself as sacred—a selective and personal morality proponents of keeping prostitution illegal are prone to impose on others. In a 1908 Supreme Court Decision Justice John Marshall Harlan writes, “The lives and example of such persons are in hostility to the idea of the family as consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony; the sure foundation of all that is stable and noble in our civilization...” (Is Prostitution a Threat to Marriage?” para. 1). The idea that the Supreme Court is dictating the morality of individuals is suspect. It does not take into account the sexual needs of individuals involved by choice in committed relationships. It also disregards a stance by many psychologists that the ability to seek certain sexual gratification by people in those type of relationships outside of marriage may actually be beneficial in keeping the relationships in tact. Dealing with these issues should be left to the husband and wife and should not fall within the province of the courts or any legal body. John Ince, leader of the Sex parties counters that there are benefits to committed relationships that are not being taken into account—benefits that have a preserving affect on the institution of marriage beyond single partner sexual activity. “Commitment [marriage] also offers continuing companionship, emotional security, and an opportunity to pool economic resources and share the responsibility for children. These positive outcomes will always make committed relationships appealing to most people, even those who have access to prostitutes” (Is Prostitution a Threat of Marriage? para. 5). In short, the concept of morality when it comes to prostitution is relative and based on individual concepts. Killing for one person may be deemed morally wrong; but deer hunting is not based on perceptions of who or what can be killed and in what circumstance. To the Moralists sex is a spiritual activity that should not be loosely engaged in. Those with anti-moralist views say each person has a right to seek his own happiness, subject only to not hurting others. The proposals that prostitution hurts the prostitute and anyone involved in the act is arbitrary. To extrapolate that the immorality aspects of it includes a myriad of other cause and effects clouds the real issue. Prostitutes would be better off if they did not operate under the threat of arrest; that reasonable prices for the service could be set; that taxes from the activities could help fund needed social programs; the health of prostitutes could be more closely monitored thereby generally contributing to a healthier society, and that the prejudicial moral dictates of a few would not be imposed on the general populace. Conclusion As an illegal and thus unregulated business, prostitution has certainly gone the way of others whose activities even recently have come into question. Take banking for instance. Even as a legal business activity it has its problems and issues. The recent surge in demand for more regulation speaks to it. Yet, one can not say that banking itself is evil, although some might content that the lending of money and credit does not suit certain moral and ethical codes. The same, then, can be said for legalizing prostitution. Legalization will not rid the entire industry of every social issue connected with it. Women will still take drugs and use prostitution to support it. However, a whole genre of law can evolve around the treatment of prostitutes as workers, as have evolved for other working groups. Removing the stigma supports the ideal that no job is menial or meaningless, and important concept. Also, it is time that America rid itself of foolish puritanical notions about sex and its place in society. The entire issue of legalization is perhaps best summed up by Sanger. "It is a mere absurdity to assert that prostitution can ever be eradicated... held up to public opinion as immoral; denuded of their civil rights; have seen their offenses visited upon their families... and still prostitution exists....” (Sanger quoted in Pro to the Question: Should Prostitution Be Legal? para. 1) Despite alternate arguments, and psychological and religious protestations to the contrary, prostitution is essentially a victimless crime singled out for the wrath of moral dictators who, citing the evils done to its practitioners and patrons alike, have convinced an entire society and legal system to keep it hidden in the shadows, a societal pariah. No one ever speaks of marriage in the same context: as a woman essentially selling herself for life to another human being—sexual relations included, a profound “duty” in the marriage relationship. Attitudes toward prostitutes and prostitution are in my view hypocritical, unrealistic, and a pure product of America’s moralistic and puritanical past. It should be legalized. Works Cited Albert, Alexa. Is Prostitution Immoral? Website: ProCon.org. Retrieved April 9, 2010 from: http://prostitution.procon.org/view.answers.php?questionID=000103 Bartley, Paula. Prostitution: Prevention and Reform in England, 1860-1914. London: Routledge, 2000. Brazelton, Emily. Why Is Prostitution Illegal? Posted March 10, 2008. Retrieved April 3, 2010 from http://www.slate.com/id/2186243/ Bullough, Vern and Bonnie Bullough. Women and Prostitution, A Social History. New York: Prometheus Books, 1987. Harlan, John Marshall. Is Prostitution a Threat to Marriage? Website: ProCon.org. Retrieved April 8, 2010 from: http://prostitution.procon.org/view.answers.php?questionID=000105 Riley, Brendan. “Legal and Illegl: Tax on prostitution proposed. Associated Press March 25, 2009. Retrieved April 4, 2010 from: http://www.lvrj.com/news/41816712.html Rosen, Christine. “The Newest Dilemma about the Oldest Profession.” The Women’s Quarterly, October 1, 2000. Posted Sunday, October 1, 2000 on (Web Site) Ethics and Public Policy Center. Retrieved April 2, 2010 from: http://www.eppc.org/publications/pubID.1415/pub_detail.asp Sanger, William. Should Prostitution Be Legal? Website: ProCon.org. Retrieved April 9, 2010 from: http://prostitution.procon.org/view.source.php?sourceID=3624 Read More