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Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.
Can paternalistic laws regulating prostitution be reconciled with the fundamental principles of contemporary liberalism? Peter de Marneffe, a scholar of political philosophy, examines the tension between civil libertarian arguments for the legalization of prostitution and feminist critiques regarding the inherent harms of the sex industry. He constructs an argument suggesting that if prostitution is demonstrably harmful to participants, then state intervention is not merely moralistic but a justifiable exercise of paternalism that remains consistent with liberal frameworks.
What You Will Find
Scope Limits
Scholars and students of political philosophy frequently cite this work for its rigorous attempt to bridge the gap between liberal autonomy and state-mandated protection. Readers often note the density of the prose, which requires a strong background in ethical theory to fully parse the author's logical progression.
Page Count:
203
Publication Date:
2009-01-01
Publisher:
Oxford University Press
ISBN-10:
0190452404
ISBN-13:
9780190452407
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