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Legal Prostitution – Why It Is a Bad Idea

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  • "lastname1[name]CourseInstructorInstitutionDateLegal Prostitution – Why It Is a Bad IdeaOften widely perceived as one of the longest running professions, prostitution isprevalent in nearly every country of the world. The only difference, perhaps, is ..

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  • "lastname1[name]CourseInstructorInstitutionDateLegal Prostitution – Why It Is a Bad IdeaOften widely perceived as one of the longest running professions, prostitution isprevalent in nearly every country of the world. The only difference, perhaps, is the definitivelegitimate status attached to this multifaceted social and moral enigma(Della 2). The UnitedStates, for instance, though having illegalized prostitution in most states, has evidenced a longlasting taboo of the practice. The legalization of prostitution has sparked an intense debate whoseconclusion seems rather elusive. While proponents present several arguments based off on legal,constitutional, and ethical frameworks to justify the legalization of prostitution, opponentsoperationalize the same theories to detest the legalization of prostitution citing a manifold ofsocial, legal, and moral consequences of legitimate prostitution. Even though both sides of theargument present equally convincing opinions, the legalization of prostitution does not remedyany of the social, legal, or ethical issues that it is determined to.Proponents of the legalization of commercial sex argue that individuals have sex for abroad span of reasons – to have children, for fun, to increase intimacy, and to earn a livingamong others. Therefore, it is virtually legitimate for adults to engage in sexual activities for one,two, or all of these justifications, which tend to overlap occasionally (Jakobsson and Kotsadam6). For these think tanks, the ratification of prostitution would benefit both the women involvedand the system by creating the ideal conditions for protecting the people in the industry from lastname2abuse and violence. That is, ratification would, in its own way, constitute a system for regulatingthe interests of criminals and other key players. Such assertions are conclusive, at least to someconsiderable extent.However, the notion that decriminalizing or ratifying commercial sex would minimize itsharms to the society is nothing but a withstanding myth. There is a popular thought thatlegalizing, regulating, and treating sex trade as a regular profession would make commercial sexsafer (Aghatise 1130). However, studies show that countries that have decriminalized orlegalized sex trade typically experience an upsurge in pimping, human trafficking, physicalviolence, and other related delinquencies. That is, firstly, commercial sex, irrespective ofwhether it is ratified or not, embroils such an alarming level of harm and trauma (Raymond 316),so high that the practice cannot be perceived as a conventional, legitimate business.Secondly, human trafficking and sex trade are essential forms of gender-based inequalityand violence (Nemoto, Operario and Takenaka 248). Moreover, even though it does not reducethe trauma and stigma that prostituted people face, the decriminalization of commercial sexincreases sex and human trafficking. Besides, apart from the fact that prostitution is a form ofprison, it is equally not a victimless crime (Raymond 321). Therefore, decriminalizingcommercial sex would increase the anguish, inequality, and mistreatment of women in the“ s y stem. ”Thirdly, both legitimate prostitution and a real equality of women cannot coexist. Thenotion or supposition that a section of women should be readily available for sexual access isbased on a complex structural inequality by race, gender, and class (Jakobsson and Kotsadam 2).Prostitution constitutes individual discrimination, abuse, and exploitation. It is equally a structurethat reflects and sustains inequality between women and men while necessitating the lastname3establishment of a devalued class of women. Therefore, indeed, the failure to contest thelegalization of prostitution fundamentally emasculates every norm of human rights, especiallythose that decree the self-worth of the individual and equality for all. In essence, thedecriminalization of prostitution would regulate and normalize certain practices that violatehuman rights, as well as those that would legitimately actionable in any other circumstance,including rape, economic coercion, sexual harassment, or captivity (Hodge and Leitz 165).Lastly, there is some literature that the government must not and cannot decree morals,especially when it comes to prostitution (Ekberg 1215). Such assertions underscore that no oneshould be discouraged or legislatively prevented from acting in a manner of his or her choice aslong as such actions do not invade the free acts and liberties of others. Nonetheless, this isexactly what prostitution is. It is not invasive on the individual freedom of an individual – someargue that if it is indeed consensual, then there is no actual harm. However, on the contrary, thelegal and ethical frameworks cannot legislate morality; they can only further and safeguardliberty by using laws, valuable laws that will sustain the interests of the majority (Della 6). In thelight of this assertion, therefore, the legalization of prostitution presents a grave detriment to themoral and ethical frameworks, the principle fabrics upon which our consciousness is built.In an economic recession, prostitution tends to become the most desirable alternative formany young men and women in an effort to earn a living (Jakobsson and Kotsadam 10). Whilevery few people desire to embrace prostitution as their main source of financial success, many ofthose involved in prostitution still need to have stable jobs. However, if the government were togive prostitutes equal employment rights, subjecting all prostitutes to regular mandatory healthchecks would ease the burden on the government, and the society. Even though it is considerablydifficult to assess the total cost that public defenders, the judicial system, and law enforcement lastname4agencies incur in attempts to prosecute prostitutes in states where the practice is illegal (Aghatise1130), such expenses could be redirected to the pursuit of better health care for prostitutes.To conclude, the legalization of prostitution does not help the individual prostitutes,neither does it produce or sustain female empowerment (Raymond 329). In many respects,legalization serves the pimps, owners of the brothels, and the victims – or customers– whofrequent them. Likewise, it is unethical to suppose that the government would desire or supportany profiting from such practice. The American Society has paced down that path in earlyhistory, and that nurtured the strongly opposed art of slavery. Therefore, the legalization ofprostitution would only ratify and escalate modern day repression (Della 12). Prostitution is asymptom of discrimination, religious control, patriarchy, fear among women, inequality, andinequitable distribution of critical resources. It is imperative for the legal and social systems toturn their focus on the underlying problem. We must do better for our women.lastname5Works CitedAghatise, E. "Trafficking for Prostitution in Italy: Possible Effects of Government Proposals forLegalization of Brothels." Violence Against Women (2004): 1126-1155. Document.Della, Guista M. "Simulating the Impact of Regulation Changes on the Market for ProstitutionServices." European Journal of Law and Economics (2010): 1-14. Web.Ekberg, G. "The Swedish Law that Prohibits the Purchase of Sexual Services: Best Practices forPrevention of Prostitution and Trafficking in Human Beings." Violence Against Women(2004): 1187-1218. Document.Hodge, D. and C. Leitz. "The International Sexual Trafficking of Women and Children: AReview of the Literature." Affilia (2007): 163-174. Web.Jakobsson, Niklas and Andreas Kotsadam. "The Law and Economics of International SexSlavery: Prostitution Laws and Trafficking for Sexual Exploitation." Working Papers onEconomics. 2013. Web.Nemoto, Tooru, et al. "HIV Risk Among Asian Women Working at Massage Parlors in SanFrancisco." AIDS Education and Prevention (2003): 245-256. Web.Raymond, Janice G. "10 Reasons for Not Legalizing Prostitution and a Legal Response to theDemand for Prostitution." Journal of Trauma Practice (2008): 315-332. Document. 21January 2017. "

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