Repossession : prostitution, morality, and equality

In this thesis I discuss the issues related to prostitution. I establish liberal humanism as a theory for creating a form of justice and gender equality which would eliminate discrimination against women. The issue of prostitution concerns the nature of gender, morality, and law in a given society. I discuss the nature of law in order to understand better how society shapes it and how we might reform it. Law exists to hold society together by providing a mechanism which guarantees the maintenance of certain morals and values. Natural Law informs these morals which promote justice. Feminist theorists have criticised the current legal system for its exclusion of women and other groups who do not belong to the dominant male culture. They maintain that traditionally male values and ideals have become entrenched in our laws, so that they fail to protect women's rights. In order to reform society and the law, we must rediscover Natural Law by moving beyond difference and gender into the inner self. We possess within ourselves the ability to recognise that society creates differences which separate us and prevent our achievement of a true and just community. When we move beyond differences, the self becomes the other, and respect for the individual, the self, the other, men, women, and humanity becomes the same concept. Legal positivism differs from Natural Law theory in that it considers the law simply as it is. Morality is relative to the point of view of a given society. Natural law theorists envision the law as set of moral values inspired by God or rationally derived by all human beings as a distinguishing feature of our species. Legal positivism protects patriarchal values by failing to judge them as unjust. Dworkin combines these two conceptions of the law in what he calls "the law of integrity." Dworkin believes that laws concerning human society require moral interpretations by judges. However, in order to prevent a judge from exercising too much power over the legal system, her decisions must correspond to the morality of society and the legislated law in general. In a true community based on brotherly love and respect for others, human law will be closest to natural law. It is important to ensure that everyone is represented by the law, especially, in a society which is not a true community. Radical feminist theory exposes many of the patriarchal attitudes inherent in our current legal system which oppress women. Prostitution provides an excellent example. Laws concerning prostitution treat women as inferiors in need of protection and deny women power over their own bodies by enforcing conservative values. The Canadian Criminal Code is inadequate as a means of protecting the rights of prostitutes and legislating gender issues. Societal and economic pressure, particularly on women, encourage prostitutes to sell themselves. While radical feminism is effective in revealing the oppression inherent in patriarchy, it risks excluding men from a process a reform and thus creating reverse discrimination. Humanist liberalism like radical feminism believes in destroying patriarchy. However it offers a more just solution which includes men and moves beyond power and gender. The commitment to equality, respect for others, the fostering of self-esteem and the equal worth of all human beings allows society to transcend difference and end discrimination. Such a theory has the potential to address properly issues such as prostitution and to provide a tangible solution.