M.A. (Philosophy) / Whether or not prostitution can be considered a legitimate form of employment contract is an issue that is much debated. In conjunction with this there is much debate as to what rights and protection the women working within the prostitution industry should be afforded, if any. This thesis analyses in some depth three influential theories relating to prostitution, namely a contractarian defence of the decriminalisation of prostitution (Lars Ericsson), a critique of prostitution viewed as contract (Carole Pateman) and a defence of decriminalising a reformed prostitution industry in the name of women’s autonomy (Drucilla Cornell). Drawing on the strengths of each of these theories, I will build a specifically feminist theoretical position in support of the claim that decriminalising a reformed prostitution industry and considering prostitution as a legitimate form of work, is the morally best stance to adopt regarding the industry. It is argued that the decriminalising of prostitution will not only benefit prostitutes in terms of decreasing the amount of abuse and violence they face but it will also aid in ensuring that they are afforded the same rights and protection as the rest of society. This transformation will also impact favourably on the sexual status and autonomy of women more generally. According to the contractarian defence of prostitution provided by Ericsson (1980:353), the prostitution contract should be considered a form of employment contract just like other forms of employment contract. This viewpoint further asserts that the most fundamental problem with prostitution is not prostitution itself but rather the hostile and punitive attitudes that are held towards prostitution and prostitutes (343). Pateman (2006: 50), on the other hand, asserts that prostitution contracts are integral to patriarchal capitalism in that they help ensure that all men have some access to women’s sexuality, by turning it into a commodity. The prostitution contract thus plays an important role in subordinating women to the control of men and these women in essence become the property of men for the duration of the contract (66). Whilst Ericsson sees the prostitution contract as one that could aid in the liberation of women’s sexuality and the overcoming of male oppression, Pateman sees it as one of the most fundamental forms of male domination and the subjugation of women. Lastly, Cornell (2006: 116) looks at prostitution from the perspective of sexual agency and autonomy. She argues that prostitution can be a means through which women express their sexuality and so should be a decision that is respected. Cornell (1998: 50) further argues that prostitutes should be respected as women with the capacity to make decisions for themselves, especially with regards to how they live out their sexual lives. Therefore, Cornell (50) asserts that prostitution should be decriminalised and reformed so as to ensure that women working as prostitutes are afforded basic human rights and have the possibility of developing into whole ‘persons.’ These theories present valid arguments both for and against prostitution. However, research, including that presented by the South African Law Reform Commission (2009: 20, 56), suggests that the criminalisation of prostitution does not prevent the prevalence of prostitution nor does it serve the interests of prostitutes or the community. Therefore, by taking into consideration all the best arguments put forth by the three theories as well as other research it can be concluded that the decriminalisation of prostitution will be a positive step in improving the lives of women within the prostitution industry, and of women more generally by allowing women to determine their own sexuate lives and how they wish to express their sexuality. Decriminalising prostitution also tends to decrease other negative factors associated with prostitution, such as organised crime, and so could also be in the best interest of broader society (56). Ultimately, women should be afforded the freedom to choose how they use their own bodies and prostitutes should be afforded the same rights and protection as all other citizens.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uj/uj:7745 |
| Date | 21 October 2013 |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
| Rights | University of Johannesburg |
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