Kantian Ethics: Criminalism And Prostitution

. Kantian Ethics

“To allow one’s person for profit to be used by another for the satisfaction of sexual desire, to make of oneself an object of demand, is to dispose over oneself as over a thing and to make of oneself a thing on which another satisfies his appetite, just as he satisfies his hunger upon a steak. But since the inclination is directed towards one’s sex and not towards one’s humanity, it is clear that one thus partially sacrifices one’s humanity and thereby runs a moral risk. Human beings are, therefore, not entitled to offer themselves, for profit, as things for the use of others in the satisfaction of their sexual propensities”. – Immanuel Kant

Prostitution was the ultimate example of treating a human being as merely a means

Many individuals do not agree with this, and many religions have strict rules regulating sexual relations. As prostitution cannot be universalised, it is unethical.

Thus, it should be criminalised.

IV. Decriminalisation (Arguments For)

Decriminalisation is where there has been a repeal of all laws against prostitution, or the removal of provisions that criminalised all aspects of prostitution. A distinction has to be noted between 1. Voluntary prostitution and 2. Prostitution involving force and coercion or child prostitution. The main aim of legalisation is to protect social order. While this is relevant to decriminalisation, the main emphasis here is on the sex worker – respecting their human rights, and improving their health, safety and working conditions.

A. Violence

As established above, sex workers are prone to experience violence. This paper argues that legalising prostitution would provide greater protection for the sex workers against

Victimless Crime

Some advocates for legalised prostitution argue that sex workers are the victims of pimps, but by that logic, prostitution is a victimless crime if the sex workers choose to sell their bodies of their own volition. Just like gambling and drug use, prostitution is an activity that is participated in by adults voluntarily. As what Sherry F. Colb of Rutgers Law School said, “What makes prostitution a ‘victimless crime’ in the sense that no one is necessarily harmed by it is that there are consenting adults involved.”

D. Consent

It is arguable that prostitution is fundamentally just a transaction between two consenting adults. Proponents for the decriminalisation of prostitution emphasise the unfairness of a double standard where in most cases, the party committing an offence is the sex worker and not the (stereotypically) male client. Further, some argue that the compulsory health checks might be an abuse of the sex workers’ civil liberties. In states where prostitution is decriminalised, there is a transfer of power to the sex workers, where it would normally be with the government and clients.

Consent is a hot-button issue related to prostitution.

(1) Feminist ethics