Tuesday, September 24, 2019
Feminist Perspectives on Prostitution as an Illegal Contract Essay
Feminist Perspectives on Prostitution as an Illegal Contract - Essay Example This research will begin with the statement that contracts for an illegal purpose will not be enforced by the courts. In the UK, prostitution per se, is not illegal. However, many activities associated with prostitution such as kerb crawling, solicitation, living of earnings from prostitution, operating a brothel and advertising prostitution services are all illegal. Nevertheless, at common law, contracts purporting to support or encourage a sexually immoral act will be regarded as illegal and thus deemed illegal contracts. Prostitution is regarded as the promotion of sexual immorality and as such, any contract involving prostitution is regarded as an illegal contract. The liberal feminist or contractarian perception of prostitution argues that absent the use of force, prostitution is a legitimate economic choice for women and thus should be treated as any other contract of service or employment. Radical feminist theorists however, argue that prostitution involves selling oneââ¬â¢ s body and is not simply the ââ¬Å"use of the human bodyâ⬠but also the ââ¬Å"sexual use of a womanââ¬â¢s bodyâ⬠. Radical feminist theory is consistent with the perceptions that prostitution is immoral and thus contracts involving prostitution would be illegal. Liberal feminist theory dismisses the immoral characterization of unforced prostitution and argues that prostitutes should be accorded the protection of the law via the law of contract and in particular service or employment contracts.... minism, an argument can be made in support of illegalizing contracts involving prostitutes in cases where the prostitute is forced into prostitution or is a minor. However, women who voluntarily turn to prostitution, may not see themselves as forced into the trade and will not likely see themselves as victims. From the perspective of radical feminists, prostitution represents the ââ¬Å"subordinationâ⬠, ââ¬Å"degradationâ⬠and ââ¬Å"victimisationâ⬠of women by men.10 Radical feminists argue that prostitution by definition is an act of violence. In this regard, there is no such thing as ââ¬Å"voluntary prostitutionâ⬠, because it invariably involves some form of force, ââ¬Å"even if the worker is unaware of itâ⬠.11 Radical feminist Susan G. Cole characterizes prostitution as institutionalised male dominance and likens it to institutionalised slavery and dominance by the White race. In institutionalised slavery Blacks were hurt and via institutionalised pros titutions women are hurt.12 Radical feminist Andrea Dworkin argues that prostitution cannot be understood by reference to the exercise of individual choice. According to Dworkin, prostitution together with rape ââ¬Å"negates self-determination and choice for womenâ⬠.13 In general, radical feminists argue that prostitution is an inherently harmful institution for women on three specific grounds. Firstly, prostitution involves purchasing a service that involves the degradation of the women offering the service. Secondly, prostitution itself relies on the perpetuation of inequality in terms of social and economic statuses and power between the prostitute and her client. Finally, prostitution ââ¬Å"contributes to the perpetuation of the inequalitiesâ⬠underlying the ââ¬Å"practiceâ⬠.14 With respect to the first ground that prostitution
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