The Supreme Court of Canada, in the 2014 Bedford case on prostitution, ruled that it is illegal for one to purchase services but that it is completely legal to sell them. (Prostitution in Canada, n.d.). Many women in the sex trade have viewed this only as a slight win, as they were looking for more than just the ability to market their specialty. In libertarian justice, it is perceived that people have the capability of making level-headed decisions to maintain a basic balance in life. In other words, “their main purpose is to pursue their own goals in life, although they still have duties to others.” (Hayes, 2015, p.103). Libertarians hold a high regard to the free market and believe that the economy can be beneficial to everyone, rather than when it is controlled by …show more content…
Therefore, their autonomy has been compromised and they are unable to sustain goal development. Due to stipulations within the Criminal Code, it makes it virtually impossible for a prostitute to ‘legally’ earn an income. The code states that it is illegal for one to own a bawdy house, to live off the ‘avails’ or money obtained from sexual acts, and to communicate with others of proposed sexual acts where money will be exchanged. (Perrin, 2014, p.7). A libertarian would state that these codes fail to consider the benefits of the free market, principles of just acquisition, just transference, and rectifactory justice. A prostitute has justifiably obtained the product (money) by working for it without the influence from another. The ‘customer’ of the prostitute has also justifiably transferred money from oneself as a payment of service. In collaborating with one another they are rectifying a potentially harmful situation that could take place outside of the safety of a bawdy
Many argue that prostitution is along the same line as any other business transaction considering similar actions taken to go through the process. I will argue that performing a consensual or nonconsensual sexual act including a transfer of money cannot be considered as one. In this essay, I will be focusing on women in the Canadian sex trade and how the service they provide is not a legitimate purchase.There are several factors to assist this argument that include the facts and terminology behind businesses, transactions, employment, legality, and the act being performed. The process for an individual to acquire a prostitute contains a transaction through an exchange of money, but is it a business transaction, no.
principles, from religious dedication to personal liberty. Some fought against prostitution as a moral or social injustice while others charged prostitution as an injustice against women. Beginning in the colonies and continuing even up to present day America, this research will present the philosophies and management behind
Prostitution is one of the oldest professions in history. In this modern age there are several classes of prostitutes with several methods of finding work, but they still face violence in their business. Though prostitutes are frowned upon by society and treated as criminals, under the law they should not be scrutinized by the morals of the people. Prostitutes frequently feel they have no options due to their illegal work, should they be assaulted they cannot turn to the police since many officers refuse to aid them as criminals. Prostitution should be regulated to fight human trafficking, increase quality of life for the women working in the industry, and generate taxes for the government while reducing the cost of dealing with prostitution.
The Bedford Case was initiated in 2007 by three sex-workers who challenged three provisions within Canada’s Criminal Code, as they argued these sections violate sex workers constitutional rights (Bennett, 2013). The Supreme Court ruled that these provisions do in fact violate section s.7 of the Charter of Rig...
Prostitution in Canada has had a long history. Prostitution is the exchange of money in return for sexual favors. The most commonly thought of form of prostitution is street-based but this makes up a portion of the trade. Other forms include escort services and brothels, to name a few. Prostitution has been legal in Canada for hundreds of years, as Canada inherited their laws from England, but there have been several laws aimed at preventing it. These laws include prohibitions on brothels, communication in public for the purpose of prostitution, and making a living off of prostitution. Therefore, while prostitution itself is not illegal, it is very difficult to engage in it without breaking the law. This leads to a lot of misunderstanding, as many men are not aware that these various laws exist, only knowing that prostitution itself is legal. In support of this, Wortley, Fischer, and Webster (2002) found that 17% of Ontario men who had been arrested under the communication or solicitation law in Ontario were apparently unaware that it was illegal to talk to a prostitute about buying sex (Morton 2012).
Caroline Stevermer, an American novelist, once wrote, “How dreadful… to be caught up in a game and have no idea of the rules.” Indeed, the quest for eternal prosperity bares an ancient path that allures pursuers into a deep state of oblivion. As one follows this trail, their vision of reality soon becomes blurred by their dreams of triumph. Ultimately, this enduring road guides an innocent pursuer onto the board of another’s game to become their lifeless pawn. Prostitution is this game. This immoral act involves the exchange of sexual services for financial gain. In Canada, the act of prostitution has never been a crime, but the government has combated this atrocity through criminalizing all activities surrounding the transaction. However,
It upholds freedom as its principal objective. Libertarians seek to maximize independence, freedom of choice and also emphasizing constitutional freedom. In order for humans to make their choices freely, morality has to be involved. In the sense that humans can be able to understand the choices they make, the effects the choices they make may have and whether it is good or evil. This is quite easy to understand and I believe that we all have free-will to do whatever we want at whatever time we want to because human behavior is the result of the decisions based on free-will rather than the results of deterministic influences.
Libertarians feel strongly that each person should have the same freedom to pursue their chosen ends and that each person is obligated to hold back from interfering with others in their freedom to pursue their ends. This is necessary to protect each individual's freedom. The Libertarians feel that having certain rights, which protect his or her liberty, are necessary to pursue a beautiful kind of life. Libertarians have three main requirements: life, liberty, and property. Property, in their opinion, does not mean only real estate; it includes anything that you can declare your own.
CTV News shared breaking news on October, 23, 2013 that four Romanian women were found being victimized to human trafficking in Montreal. These women were lured to Canada hoping that they would find a better future but instead were forced into prostitution (2013). Human trafficking is an issue that is rarely acknowledged by Canadians. Most people are either unaware of the problem or do not recognize it as something that is happening in their own backyard. Although Canadians are exposed to the severity of human trafficking in other countries, Canadian citizens are unaware of the fact that Canada is not only a transit point for the United States but also a destination country. Information from the Ottawa Rape Crisis Centre states “The RCMP estimates that 600-800 persons are trafficked into Canada annually, predominantly for sexual purposes, also additional 1,500-2,200 people are trafficked through Canada and into the United states” (2010). Canada is a source of transit and destination for human trafficking, some of the victims being as young as twelve years old (Human trafficking, 2010). The definition of what human trafficking is focusing on who the victims are and who the traffickers, the increase in trafficking due to globalization, and the role Canada plays in preventing it will all be explained further.
In terms of equality, libertarians believe in equality of opportunity and freedom, however this does not mean they believe in equality of circumstance or outcome. In fact, a libertarian acknowledges that inequality exists, but believes that it is up to an individual, no matter their beginnings/background, to improve their social position. A libertarian puts a heavy weight on individual freedom (sovereignty), that is, freedom to do as one would please without being directly hindered by others, and to act with freedom from coercion. (88) Therefore, libertarians stand against the notion of social equality in terms of equality of outcome, and instead value equality in terms of individual freedom. To a libertarian, the market should be as free as possible (minimal to no government intervention) and taxes should be kept to an absolute minimum.
Frances, S. (2012). Sex work and the law: A critical analysis of four policy approaches to adult prostitution . Thinking about justice: a book of readings (pp. 190-220). Halifax, N.S.: Fernwood Pub..
“There is no difference in work in which a women sells her hands, such as a typist, and a work in which a women sells her vagina, as in sex work.” Claims author Lacy Sloan. In today’s society, many people believe that prostitution is an immoral act. It is the world’s oldest profession and because it has been long condemned, sex workers are stigmatized from mainstream society (ProQuest Staff). However, the act of purchasing sex between consenting adults should not be prohibited by the government, but regulated for society's overall best interests. Prostitution is illegal and as a consequence prostitutes are often victims of violence and sexual assault; therefore, prostitution should be legalized and regulated to ensure the safety of sex workers.
Opponents argue that, prostitution has health effects and that is the reason as to why it remains illegal in most parts of the United States. Prostitution has social economic, physical, and a number of mental implications. The prostitutes and their clients are subject to a nu...
Prostitution is the occupational service where sexual acts are exchanged for payment. Opinions of prostitution have changed drastically over the course of half a century, and are being debated worldwide. Prostitution is a very controversial topic, however there are claims that legalizing prostitution could create an overall safer environment, not only for the sex workers but the rest of society. There has been many alterations in prostitution laws and enforcement practices in several countries. Many nations have created new laws or intensified existing penalties for prostitution-related offences such as soliciting sex, purchasing sex, or pimping. Some other societies are experimenting with policies that securitize prostitution.The claims proposing these regulations are important because they are directly opposed to both the conventional benefits of prostitution and the specific allegations of anti-prostitution crusaders. In Canada and the UK, the exchange of sex for money is not illegal. However, the activities that go along with prostitution are criminal offences.“In March 2012, the Ontario Court of Appeal upheld a ban on establishments for the purposes of prostitution, which effectively makes street prostitution illegal. In the US, most jurisdictions, prostitution, solicitation, or agreeing to engage in an act of prostitution are classified as illegal. With the exception of licensed brothels in certain areas in Nevada. In the Netherlands,prostitution was legalized in the mid-1800s but it wasn’t until recently, the 1980s sex work became a legal profession. Restrictions on brothels and pimping were lifted in October 2000 and the industry is now securitized by labour law. Prostitutes are registered as legal workers....
Prostitution is highly controversial, many claiming that the legalization would lead to more prostitution, which would therefore be a larger disgrace to society. Furthermore, an essay written by Janice G. Raymond, titled “Ten Reasons for Not Legalizing Prostitution.” This essay brings down ten legitimate reasons as to why prostitution should not be legalized, citing failed attempts in Australia and the Netherlands. The immoralities of these laws shine when, upon closer examination, the laws regard the prostitutes as mere sexual objects for profit to benefit the economy. However, as these faults are recognized, places like Amsterdam begin to alter their laws regarding prostitutions, making them more strict in an attempt to make prostitution safer. Still, organized and regulated legalized prostitution could lead to world reform in the sex trade.