(Well, wring already took care of most of these issues while I was writing this, but maybe some of my points are different enough to warrant posting it anyway…:))
BK: *I said that since [lap dancing and prostitution] are so similar, what is the justification for one being illegal and the other not? In other words, although they are different, what is the difference that makes the difference in legality? Please do not ignore this question, I would like an answer. *
Well, I’m not wring, but I would have thought the answer was pretty self-evident. Physical contact between clothed people is much less risky in terms of pregnancy and STDs. It also requires less privacy—customers seem to be less self-conscious about it than about taking off their clothes and having skin-to-skin sex—so it’s more easily monitored. Given that there’s never likely to be any obvious universally-accepted boundary between legal and illegal kinds of commercialized sexuality (well, beyond a certain point, that is: making genuine snuff porn will probably never be legal while putting sexy models in clothing catalogues will probably never be illegal), it doesn’t seem to me particularly irrational to have lap dancing fall on one side of that line and prostitution on the other.
A question for anyone with an answer: How many places in the world allow prostitution? I have a hunch that it is only very few places, but I could be wrong.
Again, I recommend the article “Regulating the Global Brothel” by Leah Platt in the American Prospect that I linked to a few pages ago in this thread. Says there that prostitution is legal in many parts of Europe as well as parts of South America and the Caribbean, and “semi-regulated” in several Asian countries. However, in most places where prostitution itself is legal, brothel-keeping or trafficking in prostitution is still criminal.
already there.
sailor:(1) Forcing someone to do anything against their will is already illegal, sex or no sex.
Yeah, but that doesn’t change the practical hazards involved. Many prostitutes are in fact raped and/or abused, and legalizing prostitution would expand the opportunities for the rapists and abusers. I agree that a massive change in social perceptions, where prostitution would be established as a dignified profession whose practitioners are respected by society in general and diligently protected by law enforcement and other officials, would probably make prostitutes better off than they are now. But merely legalizing the act isn’t going to bring that about. It’s all very well to say that in theory, the customers of legal prostitutes have no more right to force them in any way than do the customers of illegal prostitutes. But that doesn’t get rid of the problem that in practice, they do have greater license to do so.
*(2) The prostitution we are talking of legalising is voluntary. Forcing people against their will would remain illegal. *
Same problem: a fine theoretical distinction that gets very blurred in practice.
(3) It may be a bad career choice for some but the government is not here to protect us against our own bad choices.
Not quite true. Much of labor law is all about protecting us against our own bad career choices, especially those that we may “choose” in desperation because we don’t see any other way to survive. There are many things that are generally considered so dangerous or not good for you that you’re not allowed to choose to sell your labor at them, and I think such prohibitions are a perfectly legitimate function of government. Whether or not we believe that prostitution should be one of the career choices in the prohibited category, we can’t beg the issue by pretending that the government has no business making any such prohibitions.
*(4) The current policy makes criminals of all the women who have already chosen to do it. They would be much better protected if it were legal and you show how little you care about them. *
Really? What evidence do we have that prostitutes really would be better protected if prostitution were legal? As I said, if we had a complete revolution in social mores to the point where it was an accepted and respected profession, that would doubtless be the case, but what makes you think that mere legalization would be adequate? (And I think it’s both unfair and silly to accuse wring of “not caring” about the current plight of prostitutes just because she is skeptical on that point.)
*(5) There are countries where prostitution is legal and I do not see them sinking into moral decay any more than the US. *
Good, but that’s rather vague, isn’t it? Never mind the general “sinking into moral decay” of entire nations; what is the specific situation for the sex workers themselves? How well are they treated, how secure are their lives and safety? To what extent does legalization affect their lives and work as compared with cultural traditions of prostitution? If we really want to consider legalization seriously, we need an awful lot of scrutiny of other countries’ experiences with it beyond a vague handwaving “well, they seem to be doing okay” type of remark.
*(6) Your attempts at linking legal prostitution with trafficking are ludicrous. We know some T-shirts are made illegally by children in sweatshops but we do not ban all T-shirts, rather, we go after the illegal activities while protecting the legal. *
Because we as a society have already long ago decided that we require a commercial garment trade, so we’re willing to put up with the burden of occasional abuses of it. We have not decided that we require a commercial sex trade (not up to the point of actual prostitution, at least), so it’s perfectly reasonable to weigh factors such as the burden of illegal abuses in deciding whether we want one.
*(7) Following your reasoning the government could and should regulate homosexuality and other aspects of our sexual lives. You could argue that homosexuality is bad for society. It is the kind of thing we heard in school as children and, frankly, I don’t buy it. I do not see any valid reasons in your arguments, only your prejudice. IMHO, your prejudice should not prevent others from doing things which (no matter what you say) do not harm other people taken as individuals or as society as a whole. *
Whoa!! Major logical fallacy here. The situation is not comparable to that of homosexuality or other sexuality issues. The prostitution debate is not about regulating sex, but about regulating commerce. If wring were arguing against the legalization of fornication, or similarly regulating private sexual choices, I would be with you all the way in reproaching her for it. Private individual liberties do pose hazards to individuals and society (and I can’t believe that you can be seriously arguing that sexual activity doesn’t!), but for the most part we accept those hazards as the price of individual privacy and choice.
When it comes to commercial exploitation, though (and I don’t necessarily mean “exploitation” only in the negative sense, I mean in general making money off of something), regulation becomes more invasive, and rightly so. As we’ve discussed in other threads, there are plenty of things that you are perfectly at liberty to choose to do as a private individual that you may not be employed to do nor employ others to do. You may hop in the sack with any consenting adults who want to join you, and tough noogies for anyone who has a problem with that. When it’s a commercial encounter, however, other factors are involved. Then we’re talking livelihoods, economic impact, the potential for economic coercion, worker safety, workplace rights, all those things that the government has a legitimate interest in monitoring. We may still end up deciding that the freedom to engage in this type of commerce outweighs in importance the burdens it may place on society. But it is not by any means an obvious call, and it is not by any means justified to assert that anyone who calls it differently from you is merely being “prejudiced”.