Why is prostitution illegal?

In one of my favorite author's 50-years-from-now world sex workers are trained, licensed, taxed, examined, and rated for various types of work from the casual pick-up to the fetish specialist to the high-end escort, educated and sophisticated enough to accompany clients to professional and social affairs.

In Japan, they have a modern kind of concubine that is temporary (generally a few years), young, pretty and educated which are sometimes trained. The possession of such a concubine is often considered to be an element of higher status. The girls are there to be 'spoiled,' purpetuate the spoiled-child image that japan seems so fond of in porn, and they often continue with their education as they live on the wealth of their employer.

Sex workers provide a service that is in high demand. They should be protected and supported in every way, especially in health care and safety.

Completely agreed.

Sex workers who do the work to support a drug/alcohol habit have other, more serious, issues at hand, and again should be supported to resolve those issues before making the choice to stay "in the business" or explore other employment options.

I would think they should be treated as an individual in any other job with a drug problem.

Legislation of morality seldom works to anyone's advantage but it often provides massive opportunities for violent, criminal people to run the business (drugs, prostitution, protection, and the like).

The basic question of why is prostitution illegal is probably along the same lines of why sodomy was illegal up until quite recently: no one bothered changing or challenging the laws.

There is risk in rebellion - people in the past haven't been willing to take such risks.

Probably because most parents do not want their children to think being or using a prostitute is a desirable lifestyle choice, and as such, having a brothel close to a school would breed familiarity and lower inhibitions.

Familiarity isn't necessarily bad with the right kind of education and, in this case, lower inhibitions may not be as well. In reality, when you're dealing with something like sexuality, an innate drive, what your education does is more along the lines of giving someone a healthy or unhealthy attitude about specific things. For example, if you're teaching about masturbation, you might make a kid feel guilty for it (as the mormons tend to do) or you might make them feel comfortable and give them information on how to do it safely. In the case of having a brothel around - the parents would have the opportunity to perhaps instill more hatred (though, I would hope not), or they might have a chance to discuss risks, social issues, and positive attitudes towards people in the sex industry.

Laws are there to uphold subjective morals. For example, there are laws to prosecute those who inflict cruelty on animals. As for objective morals, the closest one to being objective I can think of is ‘treat others as you’d like them to treat you’. How many clients would like to be treated as they treat prostitutes?

I would have to disagree on what you consider laws to be for and what you consider to be objectively moral. I consider laws to be there to protect people. Subjective morals tend to not be driven by such things. Instead, they often end up doing the opposite when enforced.

I don't think of do unto others as an objective moral - in fact, I tend to think that's generally a dumb idea. for example, perhaps someone you know likes to be hugged while another peer dislikes touch. Hugging one would be more approrpiate than hugging the other - so if they interacted, the moral decision might be to not hug so that nobody's rights are violated and neither are made to feel uncomfortable. It would be immoral for the person who likes hugging to demand a hug if they knew of the discomfort that their hugging caused. One thing that I run into with clients is that sometimes I have clients that are into BDSM. I'm not into being the submissive in an interaction, but if a person wants to be the submissive and have me dominate, I'm totally ok with that as long as it doesn't involve particular requests. In fact, this became such an issue on the site I work on that it inspired four blog posts by me under "consent, control and the sex industry."

Not at all. What I think may happen is legalising prostitution would stimulate the market to grow. There would be high-quality regulated brothels, which would provide good services for both the women and their clients. Then there would be a (possibly much larger) unregulated sex-worker industry, which would not be much better than the ones we have now as far as working conditions and safety are concerned.

I disagree. While legalisation will cause the market to grow (because the sex industry has yet to meet demand), it is unlikely to cause the illegal aspect to grow and is likely to make the illegal side shrink. There are things that can be done, though, to make the illegal aspect of the industry still safer. I think it would be reasonable to no longer put illegal workers in jail, for example, and to offer programs and options to help those in the industry. I think that, much like the charges you would give to a person violating other business laws, that a fine for specific violations like health code violations, are not unwarranted and might be very useful.

I think legalising and regulating prostitution may be a good idea, but I expect it would not provide the degree of improvement many people who support the idea think it would.

I think we have sufficient evidence from other places that have legalised it to support what people have claimed about how it helps.

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" high turnover rate."
Some of the gals around here leave the business by dying.. terminated with extreme prejudice.
One of the gals I spend time with talks about chokings, and beatings and stabbings, and jumping out of moving cars... and seldom has any cash for things like... food! And she's been doing it since high school, with no serious thought of trying anything less hazardous.

With prostitution being illegal, there's not many options for a girl who gets beaten up - you don't get protection when you're committing a crime. Legalization will help in that area at least. Also, a few anecdotes is not reflective of the whole. I know plenty of people in the business and have seen people come and go very quickly. Hell, I've seen girls that didn't last the first half hour. Those anecdotes, though, are not very valuable so I asked some of my employers and a madam that I found through one of them about what the turnover for their businesses are. Unfortunately, though, that high turnover also seems to result in some bitterness towards the industry - I haven't found a good way to measure how much, but I hope to find something that can get me that kind of information soonish.

One of the problems is that legal prostitutes have trouble getting health care because of their profession. And being in such a high risk profession it's understandable for insurance companies.

Actually, in places where it is legal and regulated the health risks are lower, not higher. Frequent health checks and good quality control (by keeping the girls in-house, etc.) helps reduce health risks. Because of that, it might actually be unwise for an insurance company to discriminate against them.

I never said they were. All I´m saying is that they have specific legislation, and that shows that abuses of that kind are somehow special, otherwise we could just use the general, non-specific harassment or kidnapping laws to prosecute these types of crimes.

So, since people treat alcohol differently than other drugs, is alcohol special? People treating things differently doesn't mean that there's a rational reason to do so or that doing so is practical.

But not all types of slavery all equally wrong, are they? That was my point.

You're making an assumption that since not all forms of slavery are equally damaging that they are also not all equally wrong and that sexual slavery is osmehow the most wrong or among the worst types of wrong. That's a pretty big leap to make. ALSO, you're assuming that prostitution is some form of slavery even though you've yet to support that assertion.

The reference to societal views was one of two two different angles in which I was trying to show that there is a difference between sexual and other types of abuse. The other was an appeal to individual morality, with the example of the rape of the daughter I have repeated several times.

Prostitution is neither abuse nor rape. Your examples don't apply.

I know we are taking about prostitution and not rape, but my argument relies on the fact that for most people abuses of the sexual kind (rape, harassment, whatever...) are distinct form other kinds of abuses. In that sense sex work is not like any other work. Just like cleaning glass windows on a skyscraper is not the same job as cleaning glasses on floor level. One might never have an fall, one might not have fear of heights and do the job happily. But it´s not the same job.

NO - the reason why rape and other sexual abuses are treated differently are because of the damage that we know they cause. NOT because they are sexual but because of things like the extremely high instance, for example, of Borderline Personality Disorder that is linked to childhood sexual abuse or the extreme forms of Post Traumatic Stress Disorder that is caused by rape. Those same things are NOT linked to prostitution. Thus, your comparison is invalid.

Combine this point with the fact that the market economy sometimes produces abusive cicumstances and inequalities (of course this is what liberalists will never admit since for them the market economy is the ultimate force of good), and you can have a an argument for the illegalisation of prostitution for protectionist reasons.

1) I could totally tear apart your assertions regarding 'liberalists' (it is funny how you turned it to an evil '-ist' word, kinda like the anti-communism propaganda films of the 50s that targetted 'isms') however, this is not the proper thread for it. Your fallacy, though, is in giving an improper summary or definition of the concept you're mentioning.

2) EVERY industry can produce a circumstance where corruption exists, regardless of if it is in a free-market economy or not.

I see this parallel to the spirit of work safety laws. Let´s take industrial presses for example, a very common type of machine. (http://en.wikipedia.org/wiki/Hydraulic_press) Not so long ago workers used to work in these machines with no protections, sticking their hands in the thing and missing a limb every so often. Nowadays one is not even ALLOWED near one of these machines unless the machine has a number of protections that make it almost impossible to have an accident (detectors, covers etc.).

Even if a worker says that he´s so confident about the job that he can, and wants to work in an unprotected press, he´s not allowed to.

In a similar spirit, if sex work is deemed too "risky" or demeaning by society, an outright ban (or very strict regulations and controls) might be enacted. And the fact that some sex workers don´t think the work is dangerous or demeaning does not invalidate this, just like in the case of the press worker.

Which is why most people who are for the legalization of prostitution are saying that there should be regulations. It can be legal and have laws put in place to make it safer. (cue cellular one commercial: Do you hear me now?)

However I understand your argument, that ultimately everyone has a choice and that some (or many) sex workers do it voluntarily and see it as "any other job", So they have a right to do that kind of work, since they are not hurting anybody, not even themselves. It is a strong argument and I´m even inclined to say you´re right.

Thank you. :)

But for the reasons given, I don´t think it is like any other job (it changes severely once coercion is brought into the picture, something impossible to avoid completely, just like accidents are impossible to avoid completely in industrial jobs), and the "choice" is not always so freely made. (It would only be so in a country with a good social security...)

Any job changes severely once coercion is brought into the picture and most industries have corrupted parts.

So legalisation should come together with a very strict set of regulations and controls to make it hard for abuses to happen.

I'm not going to argue against regulation - I'm all for regulations to keep them safe.


I don't think that every form of slavery is equally wrong, necessarily. They are all wrong, but due to the differences in the damage caused by, say, forced labor to an individual in nazi germany as compared to a domestic worker immigrant like you might encounter in Texas and other southern states. Or, for a more accessible example, I would say that if you've ever watched the movie 'schindler's list' - the treatment of schindler's slaves was certainly better than the treatment of the rest of the slaves/prisoners shown.

The flaw in Abooga's argument is that he assumes that what he's arguing against is worse than other forms. However, I can think of many examples where other forms of slavery were worse than forms of sexual slavery that I've heard of due to the damage caused to the individual. Abooga's claims rely on several unsupported assertions.

jonnyclueless,

Interviews are not really representative of the whole - I think it would be better to see some indurance regulation documents from various agencies in order to get a better idea of the validity of your claims.

I'll address more of this thread later, perhaps.
 
well, I wasn't saying that making prostitution legal would be good or bad for the worker.

If you have this fantasy that one day all prostitutes can be high class call girls that really enjoy the job... well fine.

But, it's pretty awful on so many levels.

Making it legal is interesting as I suppose that one could get unemployment and retirement and social security when one retires. You could probably get retraining and such. That seems to be happening in parts of Europe where this is acceptable.

However, Europe is full of undocumented Russian prostitutes that don't pay any taxes and are younger and more open to sex without protection than the state approved workers.

It will like anything be better for SOME, but things like this don't come under any usual catagory. If you legalize drugs, there will still be people selling something better and cheaper that isn't legal. Anarchy isn't the same as "legal". It's anarchy if you allow anyone to sell drugs and fight over who has what territory and clients. Every suggestiong I have heard for legal drugs is always "regulated drug sales". As in FDA safety and such.

same with prostitution. There will always be an illegal group. Even where it is "legal" now, it has not got rid of the freelancers out to turn a quick buck. Drugs and prostitution will always have a blackmarket. version.

I haven't a clue if making it legal or not works, but I do know that in Amsterdam's red light district the girls complain about the cut rate freelancers on other streets.
 
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I haven't a clue if making it legal or not works, but I do know that in Amsterdam's red light district the girls complain about the cut rate freelancers on other streets.

That's the free market.
They are free to set their prices and customers are free to decide if they want to pay those prices.
 
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Sex workers provide a service that is in high demand. They should be protected and supported in every way, especially in health care and safety.
Completely agreed.
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One of my friends has been qualified for Social Security.. at the age of 30.
She's been judged "mentally retarded", which qualifies her for the dole.
 
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Legislation of morality seldom works to anyone's advantage but it often provides massive opportunities for violent, criminal people to run the business (drugs, prostitution, protection, and the like).
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And it gives violent criminal people on the legal side overwhelming authority as to what is or isn't moral.. that day!
 
SophieHirschfeld said:
I don't think of do unto others as an objective moral - in fact, I tend to think that's generally a dumb idea.

Similar strategies can work well for games in game theory.

http://plato.stanford.edu/entries/game-ethics/#10

The main result of the evolutionary approach so far is the “recovery” of many existing moral intuitions and norms. Thus, evolutionary game theorists writing about ethics (as well as moral philosophers using evolutionary game theory) have shown that among not-so-fully rational agents many of the norms of coordination and cooperation can emerge that are the object of inquiry of the more traditional moral theories. (For example, Sugden 1986; Binmore 1994, 1998; Skyrms 1996.) Furthermore, Skyrms (1996) and others have demonstrated that otherwise self-interested agents will develop reasoning heuristics such as the Golden Rule (do to others as you want to be done by) and a version of Gauthier's “constraint maximization” under appropriate circumstances. That is, they show that evolution favors not only the emergence of patterns of behavior that conform to moral standards, but also favor the development of cognitive heuristics that have all the characteristics of moral reasoning.
 
That's the free market.
They are free to set their prices and customers are free to decide if they want to pay those prices.

Yes, that is the free market! And when nobody wants to buy their 'services', they are even free to starve to death. An economist might even claim that the resulting decline in the number of people supplying these services will help recreate the equilibrium between supply and demand ....
http://www.gegenstandpunkt.com/english/poverty.html
 
No I don't mean that.
Anyone who needs to earn money to provide food, shelter, clothing, entertainment and all the other things we need and like to have, is suffering economic coercion.

Exactly! Prostitutes, and an awful lot of other people in the market economy, are "suffering economic coercion." It cannot be emphasized often enough.

They have a choice as to how they earn that money. It should be nobody else's business whether that choice is sex work.

You tend to forget that sometimes people have a choice of how not to earn "that" money because there is no demand for the services they offer. It's called unemployment - and sometimes skilled professionals end up being prostitutes because it's their only 'choice'.
Or in your words: Suffering economic coercion "should be nobody else's business". By stressing that people have a "choice", no matter how awful the alternative, you try to render the fact of the actual economic coercion negligible.

And nobody yet has explained how making prostitution illegal benefits those whose level of education and or skills, or addiction or anything else, limits the choices they have.

So when people have no other choice, "suffering economic coercion" to sell sex is the ultimate freedom, right?!

How does punishing a person for selling sex help that person?

How can you ask that question? Did you actually read my post??!
http://www.internationalskeptics.com/forums/showthread.php?p=3831939#post3831939

Kittynh has already pointed out that prostitution is very unpleasant for the prostitute, but, of course, people like FrankA always know of somebody who claims to relish it, so it almost appears as a restrictition of people's freedom if somebody suggests that it might be a good idea to do away with the poverty that forces this unsavoury 'job' on so many miserable women.
http://www.internationalskeptics.com/forums/showthread.php?postid=2479841#post2479841
 
Kittynh has already pointed out that prostitution is very unpleasant for the prostitute, but, of course, people like FrankA always know of somebody who claims to relish it, so it almost appears as a restrictition of people's freedom if somebody suggests that it might be a good idea to do away with the poverty that forces this unsavoury 'job' on so many miserable women.
http://www.internationalskeptics.com/forums/showthread.php?postid=2479841#post2479841

.....and I love you too, Dann *big hug*.

I wondered how long it would take to twist my words and meanings. It didn't take long. :)

Funny thing is, Dann, that I agree with you: get rid of poverty and the world would be a better place.

Let me ask you this and I'd like a straight answer: no links, no confusing, long-winded monologs: How do we get rid of poverty? What is your solution?

Also, some people here believe that since poverty causes prostitution, that people who buy the prostitute's services are committing rape. Do you agree with that? And what is your answer to my posting?

http://www.internationalskeptics.com/forums/showpost.php?p=3843942&postcount=280

(Ohhhh, by the way, please read that post. You'll find that I, like you, agreed with Kittynh, too).

Now, to clarify my point once again. Yes, there a quite a few happy escort prostitutes out there. And unfortunatley, there are also a lot of street-walker prostitutes out there who are in very bad situtations.

It's quite obvious to me that the ones in the bad stitutations, whether it's by choice or by force, is not getting any better with the status quo. It is my humble opinon that legalizing prostitution is a step in the right direction. Do I expect it to solve every problem? Nope. But it's a start, and again, it's my opinion that it might help some of those unfortunate people. And helping some is better than keeping the status quo not making any kind of difference.

Finally, please excuse me for my tone of voice. I mean no disrespect or offense to anyone. I just want to make sure no one misunderstands what I am trying to say. I understand that sometimes I am not too clear. Sometimes, like this time, I post from work, so my thoughts get interupted. So if I am unclear, you can blame poverty.
 
So when people have no other choice, "suffering economic coercion" to sell sex is the ultimate freedom, right?!



How can you ask that question? Did you actually read my post??!

Yes, I did read your post and it in no way explained how punishing someone for selling sex helps that person.
Economic coercion is why most people take up any form of paid employment. They work because they need money. Very few people work simply because they like it. People can choose what kind of work they do. Some choices may be more desirable than others. Some choices pay better than others.

How does making sex work illegal do anything to alleviate poverty?
If,as you claim, some people do sex work because they have no other choice, how does removing that last choice help them?
 
Let me ask you this and I'd like a straight answer: no links, no confusing, long-winded monologs: How do we get rid of poverty? What is your solution?

My interpretation of that thread from long ago is, dann thinks the way to get rid of poverty is to stop prostitution. How that works is not clear to me, I'll admit. It's just that most prostitutes end up there because of poverty, so apparently stopping prostitution will stop the poverty.

BTW, getting rid of prostitution will also end child molestation. See, most prostitutes were molested as children, so if we get rid of prostitution, that means that ... well, I never understood that one, either.
 
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Things that are sold on the black market:

  • Guns
  • Prescription drugs
  • Tobacco
  • Alcohol
  • CDs and DVDs
  • Medical services

Now tell me - what does the fact that there exists an illegal market for such goods and services have to do with the legality of the goods and services themselves? What arguments can we make in general from the existence of a black market to the legality of a product?
 
what does the fact that there exists an illegal market for such goods and services have to do with the legality of the goods and services themselves? What arguments can we make in general from the existence of a black market to the legality of a product?
Eh? That the "legal" market is restricted and/or regulated. What argument are you offering?
 
I haven't a clue if making it legal or not works, but I do know that in Amsterdam's red light district the girls complain about the cut rate freelancers on other streets.

That's the free market.
They are free to set their prices and customers are free to decide if they want to pay those prices.
Allowing some kind of trading to exist within law does not mean creating a "free" market. And few who advocate legal prostitution want no regulations.
 
Eh? That the "legal" market is restricted and/or regulated. What argument are you offering?

My point was that we don't outlaw things just because a black market exists. One argument used against legalising prostitution is that it won't help anything because the illegal prostitutes will still be around, hence my list was of services and goods for which there is and will always be a black market - just like prostitution.
 
Allowing some kind of trading to exist within law does not mean creating a "free" market. And few who advocate legal prostitution want no regulations.
A free market allows people to set their own prices, and buyers to decide whether those prices suit them. The alternative is prices set by regulation rather than the market.
Of course it would be possible to set prices for prostitutes. But should prostitutes be controlled in that way any more than other traders?
 
My point was that we don't outlaw things just because a black market exists. One argument used against legalising prostitution is that it won't help anything because the illegal prostitutes will still be around, hence my list was of services and goods for which there is and will always be a black market - just like prostitution.
I am not still not sure exactly what argument you were advancing there, I must admit

A sex transaction falls into the category of a "spontaneous bargain"--some kind of market will arise almost anywhere, including in a society with almost no government (there is doubtless plenty of prostitution business in Somalia). Unlike something like life-insurance, where transactions can't really exist without rule of law (specifically: legally binding contracts and rights which are credibly enforcable)

Prostitution could/would still benefit from protection from the state (the health and safety stuff that people have mentioned already). So that's one of the more robust arguments in favour of legalisation--bringing into the formal economy something that already exists in almost all informal ones.

Although that is not free, and has to be paid for by society, and mostly the burden would/should fall onto those in the prostitution sector (=those who benefit from the provision of public goods--health, safety etc) just as is the case in the rest of private industry. So those in legitimate prostitution face a higher tax burden, and other expenses, for example paying something towards regulation-required health screening, insurance whatever. It is for those reasons that some would choose to stay outside.
 
A free market allows people to set their own prices, and buyers to decide whether those prices suit them. The alternative is prices set by regulation rather than the market.
Of course it would be possible to set prices for prostitutes. But should prostitutes be controlled in that way any more than other traders?
A free market is more than pricing freedom. But anyway, I don't really have a view on price controls except that I am generally against them. But they exist all over the place: food, energy, transportation, medicine, entertainment, . . . .
 
Yes, I did read your post and it in no way explained how punishing someone for selling sex helps that person.
No, you are right, it didn't! Did you even consider if my post intended to 'explain' such a thing before you accused it of not doing so?
http://www.internationalskeptics.com/forums/showthread.php?p=3831939#post3831939

Economic coercion is why most people take up any form of paid employment. They work because they need money. Very few people work simply because they like it.
Exactly! A wonderful accomplishment, the market economy, right?!

People can choose what kind of work they do.

They can??! Then I think that I'd like to work as a ....
No, even you know that this is not how the labour market works, but if you need to have it explained to you, you can start here:
http://www.ruthlesscriticism.com/unemployment.htm
http://www.gegenstandpunkt.com/english/workandwealth/0-introduction.html
http://www.ruthlesscriticism.com/compwage.htm
http://www.ruthlesscriticism.com/Labor.htm

Some choices may be more desirable than others. Some choices pay better than others.

Definitely!

How does making sex work illegal do anything to alleviate poverty?
If,as you claim, some people do sex work because they have no other choice, how does removing that last choice help them?

Once again: Please read and try to understand what I wrote in the post before you ask me to defend claims that you appear to think that I made:
http://www.internationalskeptics.com/forums/showthread.php?p=3831939#post3831939
 
People can choose what kind of work they do. Some choices may be more desirable than others. Some choices pay better than others.
They can??! Then I think that I'd like to work as a ....
No, even you know that this is not how the labour market works

Well more correctly people can choose from the choices available to them and within their reach. Same as you can choose what to spend your money on but not how much you can spend (ex borrowing). Yes that is "how markets work". Removing a choice er, . . . reduces the choices available. This is what is being argued.

Market economics is not about increasing anyone's ability to make choices, but maximising the available pool of choices for a given level of ability. Increasing/redistributing the ability to make choices is social welfare economics. Criminalising prostitution achieves zero in that direction--just to be clear.
 

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