Liberalism and Prostitution

Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.

"Philosophically distinctive and empirically well-supported. It deserves to be taken very seriously in any subsequent discussion of prostitution." -Analysis

"On the whole, de Marneffe has written a thorough and sharp book challenging some tenets of liberalism and their application to prostitution laws. De Marneffe's book carefully explores the intersection of liberalism, paternalism, and prostitution laws and is important for anyone interested in this area of criminal law theory." -- Notre Dame Philosophical Reviews