3 ms·
> Whether prostitution falls into this category is a question of culture/morality. The law is an expression of the social contract, so it's a truism to say it
by cornholio 9y ago
> Whether prostitution falls into this category is a question of culture/morality.
The law is an expression of the social contract, so it's a truism to say it will be shaped by cultural norms.
However, some cultural norms are so universal and beyond debate that we can move to an utilitarian perspective to see how well those universal values are protected by various policy choices. For example, if we posit human life as a right, there is no moral question on whether, say, a market of hit men should exist.
Back to our regulation choices, I wanted to underline how banning a dangerous substance is a clear cut, less moral and more objective issue, because it objectively threatens life. Whereas banning prostitution is squarely into the subjective end of the scale, since there is no shared moral value that is objectively infringed.
That's not to say that tough choices don't exist (recreational drugs, handguns, certain pornography) where the law must espouse moral choices, but that prostitution shouldn't be such a case. It is only treated as such as a political appeasement to the minority of voters for whom it's a major moral issue.