Prostitution
Jun 20, 2005Is prostitution morally objectionable? Should it be illegal? Or is it simply a market transaction, where one party sells ...
The American Heritage Dictionary defines prostitution as “the act or practice of engaging in sex acts for hire.” This definition may be a little obsolete. First, while people of my generation include such things as oral sex under the term “sex acts,” the term now is often restricted to sexual intercourse. Whether this is the effect of President Clinton’s use, or he was in fact simply very up-to-date, I do not know. But if you look at online solicitations of prostitution, such as on Craig’s List under “erotic services,” you can see that the more restricted use is common. Some ads say “no sex,” while it is clear that oral sex is on offer. I’ll use the term “sex acts” with its old-fashioned meaning, however.
Second, paid sexual activity by actors and actresses involved in making pornographic videos seems to fall under the definition, but is usually not regarded as prostitution, as far as I know. As far as I can tell making such movies and selling or renting them to adults is legal, and in fact a significant factor in the economy of a number of nations and states, including California. Again, I’ll stick with the narrow definition, so that engaging in sex for pay, where the pay comes from the producer of a pornographic video rather than from the other sex partner or partners, doesn’t count as prostitution. A philosopher will immediately ask, “what about the case where the producer of the video is also one of the actors?” but we’ll set that question aside, at least for the time being.
The paradigm act of prostitution is a female performing sexual intercourse with a male, not her husband, in exchange for money. How, as is clear from Craig’s List, there are plenty of opportunities to purchase sex from males, too.
Philosophically, the main issue is presumably the rightness or wrongness of acts of prostitution and the distinct question of whether prostitution should be illegal in some or all of its forms.
On the former there seem to be four main positions, which of course overlap in various ways.
First, there is what I’ll call the moralist position. Prostitution is immoral as a special case of the immorality of adultery. This would be true even if the institution of prostitution, that is, the actual social, economic and marketing practices that surround the activity of prostitution, were not exploitative or in other ways damaging to prostitutes themselves. The moralist tradition is often based on religious principles, like the Ten Commandments, one of which is not to commit adultery, but it need not be.
Second, at what we might call the other extreme, is what I’ll call the Consenting Adults position. Sex acts for hire, between consenting adults, are perfectly moral in and of themselves, although of course it may be wrong to perform them in certain circumstances, say where one or both partners is breaking a promise to others, or in front of children, or traditionally, anywhere it might “scare the horses.” The exchange of money doesn’t change anything.
The third position I’ll call the Exploitative-Institution position agrees that there is nothing intrinsically wrong with sex acts between consenting adults. However, the socio-economic practices that in fact, and as it seems inevitably, support the practice of prostitution ensure that it is almost invariably damaging to prostitutes, often economically, and also in terms of their self-esteem, opportunities, social position, health and myriad other ways. To be involved in such an institution is wrong. Our guest Debra Satz holds a subtle and well-argued version of this position.
The fourth position seems to me to be the one that underlies “COYOTE,” the San Francisco based prostitutes rights organization (See http://www.bayswan.org/COYOTE.html for links). The acronym stands for “Cast off your old tired ethics”. The fundamental idea is that “sex work,” including prostitution, stripping and other activities, needs to be de-stigmatized and de-criminalized, the role of “third-parties” --- i.e., pimps and other exploiters --- needs to be dealt with legally, and health and psychological services need to be made available.
The difference between the third and fourth positions has to do with the extent to which prostitution is contingently degrading, exploitative, and in other ways damaging to prostitutes. An adherent of the third position need not maintain that prostitution has these causes and effects as a matter of necessity, but may think that the social attitudes and institutions involved are so deeply enmeshed in American society and probably most others, that as a practical matter damage is inevitable and any participation in the institution is wrong. An adherent of the fourth position may feel that prostitution, for some women, is at least potentially, and in some cases actually, a reasonable and attractive if not ideal occupation.
In The Second Sex Simone de Beauvoir provided a classic and influential discussion of prostitution, which is a good place to start reading, especially in chapter XIX, “Prostitutes and Hetairas.” “Hetaira” is Greek for a high-class courtesan or concubine. Hetairas might seem to provide the role-models for those who envisage non-exploitative prostitution, but de Beauvoir doesn’t see it that way. Hetairas are...
...women who treat not only their bodies but their entire personalities as capital to be exploited... The hetaira does not reveal the world, she opens no avenues to human transcendence; on the contrary she tries to captivate the world for her own profit....she does not repudiate that passive femininity which dedicates her to man...
Well, we’ll understand these issues better tomorrow, after our discussion on “Philosophy Talk” with Debra Satz.
Comments (17)
Guest
Sunday, May 15, 2005 -- 5:00 PM
This will be an interesting topic. A couple of coThis will be an interesting topic. A couple of comments:
I would be interested in hearing the guest defend what you have termed ?the Exploitative-Institution position? against a particular criticism that I believe would arise from the fourth position.
I am assuming that the guest believes, as described in the blog, that there is nothing intrinsically wrong with sex acts between consenting adults, even if those acts are perfomed in exchange for payment. To the extent then that the evils that an adherent of the Exploitative-Institution position believes surround prostitution are caused by social attitudes and institutions in American society, then is not the answer to work to change these attitudes and institutions rather than to condemn the institution itself?
For instance, to the extent that the speaker believes that the practice of prostitution is invariably damaging to the prostitute economically, because for example the pimp takes a large proportion of the prostitutes earnings, then let?s legalize prostitution, so that there is no need for protection by a pimp. Or, once legalized, we can regulate the amount that a pimp may charge for such protection, and give the prostitute an administrative avenue for redress if the pimp violates this regulation. If the act of prostitution is not in itself intrinsically wrong, then shouldn?t your speaker be helping to educate the public to this fact? Once prostitution is regarded by all as just another profession, then there will be no social stigma attached to it (or at least no more so than any other profession like, for instance, mine -- lawyer -- or yours (just kidding)).
Moreover, we appear to condemn only certain types of narrowly defined prostitution: the exchange of sex acts for money. As the old joke goes: What?s the difference between sex for love and sex for money? Sex for love is more expensive. The woman (or man) who has sex because someone pays him/her a couple of hundred dollars is a prostitute, but one who has sex because someone took him/her to drinks, dinner at an expensive restaurant, and then to a concert is not. The younger, attractive man or woman who consorts with the far older, unattractive, but wealthy person or the older men and women who ?prey? on other lonely, older, and wealthier retirees are all put in different categories than the prostitute, although the only difference would seem to be the directness and honesty of the transaction.
Any comments?
Guest
Monday, May 16, 2005 -- 5:00 PM
I find it interesting that it is generally recogniI find it interesting that it is generally recognized that most prostitutes service men. Is this because the male sex drive is significantly different than that of women? Is prostitution governed by understandable economic theories of supply and demand, and unlikely to effected by legislation or moral pressure. What would happen if women no longer needed money due to advances in the social order, etc...?
Guest
Monday, May 16, 2005 -- 5:00 PM
this discussion, both radio and blog, was shockingthis discussion, both radio and blog, was shockingly devoid of even a remark upon the socio-political reality of poverty and its inordinate effects on the people we then find in the ranks of prostitution, not only women, but marginalized men and children, who are then further criminalized. failing to make linkages between the way society distributes wealth and power and the value and legal judgements doled out and to whom is so shortsighted as to be maddening. especially maddening become the comments about sexuality (or was it simply sex) being about one's specialness or self in such a way that it should not be shared with another, other than a particular one, or some such la-la. i happen to know folks whose sexuality is clearly of the "polyamorous" variety and they do not appear to be particularly dysfunctional or damaged or otherwise socially or soul-deformed. would either of you admit to having had only one lover ever in your life? why should a woman be constrained by a social more that criminalizes her for the same behaviour as others? sheesh, you guys. you can do a much better job than this. the quote of deBeauvoir won't wash. she never had to worry about whether she would pay her rent, get a meal or feed hungry kids. one has only to look at the disparities that persist in income, health and social status between the folks who currently are involved in prostitution to question the validity of a "moral" discussion of this sort.
bravo to mr. upjohn for his pithy comments.
Charlie
Monday, May 16, 2005 -- 5:00 PM
I would like to explore the view point that the seI would like to explore the view point that the sex business (e.g.prostitution, lap dancing, Chippendale dancers, etc.), both male and female, is degrading not so much for the worker/provider, but to the client. Think about it, here's this poor schlub that, for whatever reason, wants his or her desire for sexual expression fulfilled but lacks the access to relationship(s)that will satisfy same. It seems to me that the workers are ultimately in control of the situation/transaction and that they recognize the simple supply-and-demand economics. What if there were zero inhibitions to any and all forms of sexual expression, i.e. the "free sex" communes of the Sixties? As the caller from Brazil commented, her country seemed to be more open and accepting in dealing with sexuality. I seem to recall primitive cultures whose attitudes toward adult? sexuality was very open.
Guest
Monday, May 16, 2005 -- 5:00 PM
Listening to the end of the show, I thought a goodListening to the end of the show, I thought a good way of thinking of prostitution, in comparison to selling a service like one's thoughts or goods like one's apples, is in regards to the honesty of the transaction. Part of what makes prostitution worse than a typical non-sexual transaction is the lie involved in the (presumed) representation of the prostitution's enjoyment, and whatever patter is needed to convince the client that there is pleasure.
If John or Ken were to misrepresent themselves in selling their thoughts/talk/writing, though we wouldn't literally call it prostitution, we'd still see it negatively, more negatively than if they provided services without pretense, for pay or not. This also captures the distinction with the proverbial high-class hooker/escort who chooses whether or not to sleep with a particular client: we believe the highly-paid escort only has sex if she really wants to.
This isn't an airtight argument against prostitution, but I think a good way of understanding (justifying?) why even some sex-positive people consider it problematic, and would do so even if it were legalized.
Of course, many people have jobs which involve pretense which is not obvious to the client (with an actor, the pretense is obvious; with a used car salesman or Fox news anchor, it sometimes is not). But those jobs are problematic, too.
Guest
Monday, May 16, 2005 -- 5:00 PM
Although the reality of same-sex prostitution wasAlthough the reality of same-sex prostitution was acknowledged in the introduction, the radio discussion including listener comments focused on the heterosexual phenomenon where the moral issues involved -- if there are any -- may be more easily contaminated by the power issues inherent in heterosexuality. I wonder whether a clearer judgment of prostitution qua prostitution might be possible were only the same-sex phenomenon analysed.
Guest
Monday, May 16, 2005 -- 5:00 PM
I think that the economic circumstances of thoseI think that the economic circumstances of those who enter into prostitution are very important to our evaluation of the practice. I also agree that this could have been emphasized more in the discussion. At the very least, if someone morally objects to prostitution because they worry about the background circumstances of women who turn to the practice, they must take into account that closing off the practice may leave poor women in a worse situation than they would otherwise be. This is often the case when we regulate or close off a market. It is as true of markets in sex as of markets in body parts. But the fact that banning markets forecloses an option that may be best in bad circumstances isn't the end of the argument: in some cases despite something being the "best option" we may have reasons to foreclose it. But then we need to address to the underlying circumstances, which may now be worse.
As examples of "best options" which may be reasonable to ban: think of bans on mercenaries, bans on vote-selling, bans on organ sales, bans on child labor. Sometimes allowing a best option in bad circusmatnces precludes society achieving a better set of options: a society with child labor drives down the price of adult labor which makes it difficult for the poor in that society to avoid putting their children to work. Sometimes, bans are best for us all.
It also makes a difference if a ban on a market produces a black market which is worse for the parties of the exchange. If we care about poor women driven to prostitution than we should care about a black market which leaves them more vulnerable to violence, abuse and exploitation.
Guest
Monday, May 23, 2005 -- 5:00 PM
I responded to some of these comments in "Sex, ProI responded to some of these comments in "Sex, Prostitution and Well-lived Lives." I think I didn't quite realize that there were 2 prostitution threads.
Guest
Monday, June 20, 2005 -- 5:00 PM
I respect very much the Prostitutes in countries wI respect very much the Prostitutes in countries where other honest work is impossible to find. Though Prostitution is dirty and dangerous, it does feed the family. I say legalize it, regulate it, and tax it.
Guest
Monday, August 22, 2005 -- 5:00 PM
Has anybody read `She-Saviour`, by Mikhail ArmalinHas anybody read `She-Saviour`, by Mikhail Armalinsky?
He is a controversial Russian writer of erotic litrature.
This 44 page short essay about prostitute & prostitution is a brilliant & honest appraisal of the way society looks at prostitution & why! He finishs his essay with a lovely statement which I think is worth serious consideration:
`If prostitution is legalized as a necessary concession, as the lesser of two evils, it will remain a social problem. Prostitution will be, in that case, merely tolerated, which means that there will be moments when our leaders run out of patience & it will be once again criminalized. The legalization of prostitution `must` be based on the return of the divine, sacred character, so that prostitution will be considered the most honourable profession, the one closest to God, the holiest. In the distant future, people will realize, admit & openly cling to the miracle of orgasm & pleasure, embodied in the prostitute, & the essence of the world will change. The world will once again be pagan, but on a scientific-technical foundation that reachs for the stars.`
I know most of stopped the conversation re: prostitution, but I thought someone might be interested to view this subject from a males point of view,as well as a females, in a country where prostitution has stared to predominate, as with other east european countries, on the sex industry level.
Even though his work is `good-grief` level, I totally agree with the way he sees prostitutes & the way he sees `so-called-proper women.
Guest
Friday, April 13, 2007 -- 5:00 PM
Feminists all have the idea that prostitution is wFeminists all have the idea that prostitution is wrong and bad. They see this because of the way society has made them believe that certain things are right and others are wrong. This is how they evaluate prostitution; by looking at its rightness and wrongness. Prostitution, however, is one of those things that is seen bad not only by the radical feminists. Conventional morality tells everyone it is wrong and prostitution is forseen as inappropriate behavior. The reason as to why prostitution is wrong has nothing to do with the fact that it degrades other women, and this is what feminists incline towards.
The true reason to why prostitution is wrong is because it leads to a degenerate behavior, and so, it should be illegal. There are two types of behaviors, generative and degenerative and the government should enforce the prohibition of the latter.
Prostitution has been something that has been prohibited in our society always and it shouldn?t be up to the new morality or new ethical theory to change all of this. Classical ethical theory tells us it is wrong and it would not logically hold to change this view today.
If society was to change the norms as they would please, then all systems of moral theory would be inconsistent and there would be chaos. The fact that society is what determines morality would be even more apparent and people would lose respect for any moral laws.
The fact that prostitution is morally wrong derives from moral sentiments that view certain behaviors as degenerative and others as generative. The parties involved in prostitution must consider what they are doing in terms of generative or degenerative behavior. If prostitution is causing a degeneration of values and attitudes, moral concern must be taken into consideration.
On one hand, if prostitution was a positive circumstance that leads to personal growth, other people ought to focus their attentions on other aspects of potentially degenerative behavior in society. For example, the consumption of alcoholic drinks at social gatherings seems fairly generative up to a certain point. However, if consumption becomes frequent and obsessive it then becomes alcoholism, which is a degenerative behavior that can totally change the person. Alcohol addiction changes a person?s behavior radically. That is why for some people the consumption of alcohol is a degenerative activity.
If prostitution is not regulated, degenerative behaviors can evolve. Prostitutes want rights and the freedom to practice their trade. But problems can arise from this. Making prostitution a professional and legal occupation will help keep prostitutes on a generative course of personal evolution. To the extent that prostitutes are willing to regulate themselves, as other professionals do, society might be inclined to a greater acceptance of sex workers. This potential relationship is later explored in a theory of social assimilation.
Guest
Wednesday, September 26, 2007 -- 5:00 PM
Personal experience with someone I know patroningPersonal experience with someone I know patroning a prostitute caused me to look up blog comments on the issue. It seems many women and men have a casual idea about the use thereof. And though I agree with you on some of your transaction points, the moral dilemma for me is it is taking advantage of someone, who whether they understand this or not, is not healthy. I know the liberal advance for women on many respects is "its my body" But we are not talking about just a body, we are talking about a human, heart, mind and emotions. The funny thing is that society is always telling women that their emotions are counterproductive to their success. Strength is in stoicism, and I think that is a canker sore waiting. I think the design of women's sensibilities, nurturing and closeness to heart matters is a very important fiber to a society. Destroying that is a catastrophic blow to the foundation of a "good" society. By good society I mean that it is one to model, one that gives its citizens the freedom to become the free-est beings. Too often freedom is defined in self destructive terms, and the line especially for women has become too blurred. No matter how empowered a women feels by sexually exploiting herself, it still in the end is exploitation. But we have taken the things that take strength, commitment, determination and self will and made them weak, giving power to shallow instant pursuits that destroy the spirit of man and women alike. A man, no matter the reason, that patrons a prostitute is going to satisfy his self. Whether it is the itch, or basic loneliness there is no noble cause to why this transaction occurs. It happens in relationships as well, we look to our partner to satisfy our emptiness-es our with-outs, and that is not all bad, but it is when it is how we value them. How important they are is defined by how well they meet our needs.
So the issue for me is human to human, somebody who sells "their body" is usually operating from a depraved or mistaken place. Some where that tells them being accepted sexually by men is a powerful place, somewhere that tells them that sex can be deployed separate from their heart mind and self value. Sometimes it is just out of desperation and all in all someone who takes advantage of or patrons that could never pay for the actual cost of what they are taking from that person.
Guest
Tuesday, September 16, 2008 -- 5:00 PM
A lot of the johns are alcohol or drug addicts. SA lot of the johns are alcohol or drug addicts. So are the "sex workers". This is the part that is getting overlooked.
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