LAW1002 Law and Society PDF

Running head: LAW
Law

LAW 1
Introduction
The prostitution is the business or has been practiced that engages in sexual activity for the
money or in exchange of some payment. Sometimes prostitution has been described as sexual
services, hooking, colloquially or commercial sex. There are diverse views on the
prostitution. Either someone stand with the prostitution or someone has a negative effect that
is both on the prostitutes as well as on the society. In this report, it will be discussed about the
views of radical and legal feminists. The radical feminists are a perspective that calls for a
radical reordering in the society in that supremacy of male has been eliminated in all
economic and social contexts. They see the society as the male dominating society and the
women has been suppressed. Liberal feminism is the individualistic form of feminist theory
that focuses on the ability of women to maintain their equality through their own actions and
choices. The arguments of both liberal and radical will be compared and it will be analysed
that what is the best suitable answer for the question that whether a woman choose to
prostitute herself.
Liberal and Radical Feminist Comparison and Contrast
The comparison will be based on may points that whether the prostitution should been
prohibited, abolition and legalisation of Prostitution that has been discussed in the case. It is
always the question that what should we do about the prostitution and whether the women
should be allowed to sell their bodies and it should been legalised.
The radical feminists such as Sheila Jeffreys, Angela Dworkin, Julie Bindeland Catherine
Mackinnon, states that prostitute has been called a abusive word sated by Jeffery1.
Legal feminists have been considered such as Norma Jean Almodova, Kamala Kempadoo,
Laura Maria Agustin, Carol Leigh, Margo St. James and Audacia Ray. It has been stated by
these that women shall be empowered who are not involved in the tradition sex worker. It is
required to create a helpful environment for the sex workers2.
It will be discussed based on these points:-
1 Johanna Schmidt, The regulation of sex work in Aotearoa/New Zealand: An overview." (2017) 31 Women's
Studies Journal
2 Jessica Swanson, "Sexual Liberation or Violence against Women? The debate on the Legalization of
Prostitution and the Relationship to Human Trafficking." (2016) 19 New Criminal Law Review: In International
and Interdisciplinary Journal

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Male sexual violence against women
Radical Feminist states that it is a male sexual violence against women. It is stated that there
is no difference between voluntary and forced prostitution. It has been seen that all
prostitution is coerced that is been either ideologically or physically. The woman who thinks
that they must been given right to freely sell their bodies are suffering from false
consciousness. The predominant attitude has been considered as disgust. It was delicately put
by Hoigard and Finstad that no one wants to sell or rent her vagina as garbage that is for the
anonymous individual’s ejaculations3.
However all Radical feminists does not have the same views for example Camille Paglia
argued that prostitute are the victim of men but rather their conqueror but an outlaw that
control the channel between the nature and the culture. The view is characteristically
proactive is that there is the presumption that prostitutes are inevitable victimhood4.
The legal feminist and radical feminist does not share the same views that has been evaluated.
It has been considered as the case
Coercion and poverty
Radical Feminist sates that it has been well understood that prostitution is not been a
conscious and a calculated choice. It has been said that the most women do because they are
forced or by human trafficking. It has been generally due to the result of extreme level of
poverty and there are lack of opportunities or of serious problems that are past trauma and
addiction of drugs. It has been pointed out by the feminists that the women are from the
smallest socio-economic classes that are impoverished women, women with low education
and the women that are from the disadvantaged ethnic and racial minorities. These are the
mostly women that are overrepresented in the service of prostitution around the world. The
prostitution has been considered as the free choice that why the women with so many less
choices are has been mostly been found in doing this. There has been a large number of
prostitutes has been polled in one study that there are 475 people are involved in the
prostitution that has stated that they has been forced and not doing with their will. The money
is a form of force and it is not as been measured for consent. Prostitution been considered an
act like the physical force involved in a rape5.
3 Feminist Isuues, Feminist issues in prostitution, (Feminist Issues, 2018) http://www.feministissues.com/
4 The Guardian, We need to face the hatred of the prostitution (The Guardian, 2018)
https://www.theguardian.com/commentisfree/2013/mar/05/hatred-prostitutes-feminists-brutality

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Whereas liberal feminist thinks that the poverty and coercion has been removed by doing
these and it gives economic stability to the sex workers and prostitution.
Race and Class
The abolitionists of prostitution have been understood by the power relations that have been
involved in prostitution. It has been seen that prostitution has been compelled as the
oppressive social power and not just been considered as sexism against the women. The raced
and classed of women that has been forced in the prostitution must been considered it as
wrong6.
Legal Feminist
Economic Gain
Legal Feminist has the view that it empowers women by having greater opportunities for
financial advancement. It has been considered by Liberal feminists that the sale of body is
solely for the purpose of economic gain. The selling of sex has been ultimately consisting of
seller and buyer that has been negotiate at the best deal. One does not have the right to
interfere in the deal and if someone interferes in this deal will be considered, interference in
the rights of the buyer. Liberal Feminist sees however, prostitution is not the ideal job for
many women but it gives the prosperity and way of life to many of the women. The sex work
has been seen as a better alternative for working for the minimum money or has been
considered as working for the benefit of women7.
Whereas Radical Feminist does not think that the women has to choose the sex work as for
the economic gain and there are certain ways that they can ear and there are always the
positive and negative ways to get prosperity and it is a negative way to get prosperity.
Self-empowerment
It has been analysed that all sex women’s comes into the profession because of oppression,
sexual abuse and due to lack of opportunity and therefore it creates a division between the
5 Giusta Della, "Men buying sex. “Differences between urban and rural areas in the UK” (2017) 54 Urban
Studies
6 Rebecca Beegan and Joe Moran, "The regulation of sex work in Aotearoa/New Zealand: An
overview." Women's Studies Journal 31.2 (2017): 35-49.
7 Carl Eucher and Christopher Knil, '"Prostitution: Sin, Unavoidable Evil, Or Recognized Profession."' (2018) 17
On the road to permissiveness.

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feminism and equality. However, it can also not been ignored that the women who comes
into this profession is due to oppression but also due to the sex love and also for the desire of
power.
The work of sex can creates the sense of independence for the women. They do not have to
rely on their partner or their husband. The women in the society has to hide their feeling for
sex and cannot been exposed to the society, whereas the sex worker can easily exposed
herself in the society. The sex workers have the right where they are in the streets, roads and
the parks as the can either accept or reject the clients. They must have the right to choose the
advance from the client8.
Whereas the radical feminists consider the prostitution, are the victims of false consciousness
and due to some circumstances. Whereas the liberal feminist does not consider the prostitutes
or sex workers are the victims in any sense. It has been considered by them that their actions
has been liberating them and providing them with a sense of control9.
Marriage
The prostitution and the sex work have often been compared to marriage, male has been
considered as the person who earns for the food and the women takes care of him and his
family and home. There is not seen a difference between a woman who sells her body and
take care of his needs as promised as in the view of Liberal feminist there is no difference
between the married women and sex worker they both sell their bodies for the money.
However the radical feminist considered that the selling of body for money and selling the
body for partner or husband is a lot of difference. The marriage is a contract and it does not
provide a dominance of men over the women10.
Acceptance of women’s sexuality
Liberal feminist states that the moralistic and patriarchal is an ultimate expression of
women’s love. It has been view that the women has been engaged in sex that is not in love
8 Discovery Society, Prostitution in the UK today: Radical feminism and the marginalisation of sex workers
voices (Discovery Society, 2018) https://discoversociety.org/2016/07/05/prostitution-in-the-uk-today-radical-
feminism-and-the-marginalisation-of-sex-workers-voices/
9 The Guardian, Why prostitution is never been legalized (The Guardian, 2018) We need to face the hatred of
the prostitution (The Guardian, 2018)
10 Alison Laurie, '"Several Sides To This Story: Feminist Views Of Prostitution Reform."' [2018] Taking the
crime out of sex work: New Zealand sex workers’ fight for decriminalization.

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but only sex. The society must accept the sexuality of the women than criticising the sex
work.
Whereas radical feminist has the oppose views and they do not find it relevant that it can be
accepted by the society as it promotes the prostitution rather than to decrease the prostitution.
The radical feminist has been considered as the main cause that it is against the ethic and
culture of the society. These types of activities will finish the society and does not make an
ethical sense11.
Legalisation
The radical and liberal both argues and the main point of debate to legalize prostitutes. The
radical feminism always argues against the legalization of the prostitutes and liberal will
support in legalization of prostitutes.
Liberal feminist think that legalization of prostitutes will help in decreasing the crimes such
as rape, will improve the health of public and have the generation of tax. It will also help in
decreasing the poverty.,
Whereas Radical Feminist has a view that legalization will increase the sexually transmitted
diseases such as AIDS. It will increase the human trafficking globally and there will be more
crimes.
Suitable Answer
It can be said from analysing both the views of Radical Feminist and Liberal Feminist as the
radical view is more sensible and been more practical than the liberal view. However liberal
view was also correct on some points that it given women a economic stability and other
benefits in the system. The most suitable answer can be said as the report it was reviewed that
maximum of women in this profession was due to oppression and been forced to work. The
radical has made the arguments that the selling of body cannot be considered as the business
at all and cannot been supported that it is purely a business. It has ben considered as the amle
dominance over the women and it can been compared with the marriage that is a contract
between the men and women. The sale of body due to poverty is the amin reason and
therefore radical views are more prominent than the liberal feminist views.
11 Sheela Saravanan, "A Feminist Discourse On Surrogacy: Reproductive Rights And Justice
Approach." (Springer 2018).

LAW 6
Conclusion
It can be said from the debate that the both radical and liberal feminist has views over the
selling of bodies of the prostitution. The view of radical considered to be more suitable than
the liberal. The radical view has been analysed as more practical and that has been much
accepted by the society. The radical argument has more support with the reviews that most of
the women has been forced or coerced into the profession. The liberal feminist states that sex
workers and prostitution has ben powered by the this profession as their economic stability
has ben increased due to this profession. It has been analysed that most of the women was
forced to do this job than their person will and pleasure and therefore it has been concluded
that radical feminist view was much better than the view of liberal feminist.

LAW 7
Bibliography
The Guardian, We need to face the hatred of the prostitution (The Guardian, 2018)
https://www.theguardian.com/commentisfree/2013/mar/05/hatred-prostitutes-feminists-
brutality
The Guardian, Why prostitution is never been legalized (The Guardian, 2018) We need to
face the hatred of the prostitution (The Guardian, 2018)
Discovery Society, Prostitution in the UK today: Radical feminism and the marginalisation of
sex workers voices (Discovery Society, 2018)
https://discoversociety.org/2016/07/05/prostitution-in-the-uk-today-radical-feminism-and-
the-marginalisation-of-sex-workers-voices/
Feminist Isuues, Feminist issues in prostitution, (Feminist Issues, 2018)
http://www.feministissues.com/
Laurie A, '"Several Sides To This Story: Feminist Views Of Prostitution Reform."' [2018] Taking the
crime out of sex work: New Zealand sex workers’ fight for decriminalization
Eucher C Knil, '"Prostitution: Sin, Unavoidable Evil, Or Recognized Profession."' (2018) 17 On the
road to permissiveness
Saravanan S, "A Feminist Discourse On Surrogacy: Reproductive Rights And Justice
Approach." (Springer 2018)
Schmidt, Johanna. "The regulation of sex work in Aotearoa/New Zealand: An overview." Women's
Studies Journal 31.2 (2017): 35-49.
Beegan, R, and Joe Moran. "Prostitution and Sex Work: Situating Ireland’s New Law on Prostitution in
the Radical and Liberal Feminist Paradigms. (2017) 17 Irish Journal of Applied Social Studies
Della G, "Men buying sex. “Differences between urban and rural areas in the UK” (2017) 54 Urban
Studies
Swanson J, "Sexual Liberation or Violence against Women? The debate on the Legalization of
Prostitution and the Relationship to Human Trafficking." (2016) 19 New Criminal Law Review: In
International and Interdisciplinary Journal

LAW 8