It strikes me that the anti-legalization analysis in re the social policy arena suffers from the fallacy of the excluded middle, or put another way, you are viewing the issue in a false binary… First, the standard advanced, elimination is not a necessary standard for legalization.
A proper standard for legalization, as before laying aside the morality question, is the extent to which benefits outweigh costs. No social policy will ever eliminate all costs, however beneficial, or not, it may be.
In regards to the limited experiences of legalization, I do not know we have the proper data to establish causation. Problems cited may or may not be truly dependant on prostitution per se. If they are — for example trafficking in women — a question arises if the issue depends on criminalization or not. That is, does removing criminal penalties have an effect, positive or negative on the incidence of trafficking. It would be preferable to know actual causality established through statistical tests (on good data) rather than to have mere correlation. (For example, in re Amsterdam, we have the issue of the collapse of the Soviet Empire more or less at the same time as legalization. We would have to address an upswing in trafficking in people — be they women (or men) for prostitution or as forced labor in other areas — caused by economic collapse in the former Soviet Union etc. which may have no necessary connection with legalization or not.
A question must be asked in this connection whether criminalization or legalization better serves in terms of addressing this problem in regards to social policy and marshaling of resources? We can not simply say there is this problem ergo it must remain criminal since taking this route we fail to address the root causes and thus fail to address the problem per se.
A hypothesis to be tested would be whether legalization allows the issue of trafficking to be addressed better, either through removal of the “black” or “grey” market aspects of the trade — thus allowing the collection and analysis of data (which of course imply an active regime of regulation, not simple “fire and forget” legalization: an analogy might be drawn with gambling in this area.). The hypothesis may be that removal of the black or grey market cover on the trade will allow an attack on the most pernicious aspects of the trade, which is to say compulsory aspects. (Although nota bene, allowed does not mean it happens, clearly there is a question of active social policy which runs into the issue raised below plus the legal and moral ambiguities in re illegal immigration and access to services.) Can greater protections be afforded in one context and not another, or is this irrelevant.
However, the question is not so simple. Behind it is another question, there is the question of law enforcement. Clearly the Amsterdam issue raises a question of law enforcement generally surrounding the sex trade, not simply a question of legalization. Slavery and forced prostitution are illegal, regardless of the legal status of prostitution. We have to ask the question, if there is not sufficient enforcement in this area, what are the reasons? Are they connected with legalization, are they a relic of police forces “turning a blind eye” carried over from the period of criminalization? As hypothesized above, given the illegal state of the trade and its characteristics, one can not expect a self-correcting mechanism. Much the same as in naive calls for drug legalization within the context of a free market: a market which has been operating on black market/criminal terms will not be characterized by clear information or other conditions positively ascribed to markets for self-correcting mechanisms. Ergo, any manouevres to legalize a black market have to be taken in step with supervision to suppress criminal elements.
We might hypothesize that legalization could result, if undertaken properly, in a positive redeployment of state policing resources away from possibly non-productive (for whatever reasons, including “blind eye”) attempts to suppress to the trade to suppression of the organized crime or exploitatitive/forced labor aspects, per experiences in other areas. However, it should be noted that this is not a necessary result of legalization per se and perhaps could be achieved without. On the other hand, one has to examine whether legalization shines a light on activities and allows better responses, although as noted t
Finally there is the health issue: does legalization allow for better public health policy? Based on what I know of AIDS policy in re Africa, it strikes me that the answer here is a resounding yes, although there is some ambiguity in regards to whether this means de jure legalization or simply de facto legalization. One can observe the differential effects in regards to the policy in Senegal where a program, to my understanding from the director of Population Council, of treatment and education of prostitutes and distribution of condoms has helped keep STD and AIDS infection rates below 2%, among the lowest rates in Africa, despite endemic issues of poverty. The program practices, by all appearances, de facto legalization. I have no idea if there is de jure legalization however. In any event, it seems clear that by treating the issue as a public health concern and not as a criminal concern, large positive public health effects have been achieved, insofar as prostitution is a key vector in the region. Whether this is generalizable however is another question.
All in all, the analysis should balance the costs and benefits in a rational way. We should not expect the decriminalization to solve all problems or to make an otherwise objectionable market smell like roses. What should be expected is that in the ledger book of effects, there will be a net gain. Positive effects should outweigh negative ones. An issue here is there may not be an objective standard upon which this may be weighed. Obviously the public morality question arises, but I have excluded that since (a) I could care less about public morality (b) it’s not susceptible to this kind of analysis, but rather requires a philosophical/religious approach. In my mind there are two main issues which are outstanding: the issues of exploitation (trafficking or coercion) and the related issue of proper law enforcement — in civil and criminal senses. I believe the public health issue is fairly clearly positive for legalization, if not de jure at least de facto. In regards to the other two, I feel there is a lack of data.
(Aside, in re Amsterdam: I remain rather skeptical of the meaningfulness of the warning cited. I note that two female personal acquaintances of mine in the past liked visiting the area for the thrill or something and have never related serious issues to me. Admittedly, like myself, they are not sheltered sub-urbanites so perhaps the standard is skewed, but I nonetheless do not feel this is a particularly useful piece of “evidence.”)