Running head: LEGALIZE PROSTITUTION 1

Legalizing Prostitution and Moral Ethics

Irma L. Shenk

Post University

PHL203.90: Ethics

Professor Whitney Easton

April 25, 2015

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Legalizing Prostitution and Moral Ethics

Although prostitution is considered immoral and unethical in our society today, this paper

will argue that the society should not judge a person based on personal and social ethics alone,

one must consider the characteristics of the woman who has to become a prostitute because she

has no other means of supporting her family. The act of prostitution is considered morally wrong

and according to the Kantian Principle of Humanity and Categorical Imperative. The act of

prostitution degrades the natural use of a woman’s body and allowing men to use a woman’s

body as a “means to an end” thus violating the deontological ethics of duty-based morality of

correct action over good consequences. If one considers, the Consequentialist view society may

be able to see legalized prostitution as socially acceptable despite the moral issues of selling of a

woman’s body as a means to support and care for her family. Justification of legalizing

prostitution can be seen in the by linking consequences, happiness, and the wellbeing of the

prostitute. Legalizing prostitution would create a safe environment for those who have to indulge

in such an act of setting forth rules and regulations in reference to health and wellbeing of those

involved.

The Kantian Deontological Ethics and Legalized Prostitution

According to the Immanuel Kant and his Deontological Theory of Ethics, prostitution

could never be legalized because of his theory duty-based morality and stress the importance of a

correct action over good consequences (Easton, 2014). Deontological ethics is a concept in

which a person is duty bound thus making the act of prostitution a violation of moral principles

and the pain or pleasure variable does not enter into decision of a moral law (Easton, 2014). The
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selling of a woman’s body for pain or pleasure is an immoral sexually act that is against

humanity (Odez, 2011).

According to Papadaki, prostitution lowers the human being values and makes the person

no better than an inanimate object (Papadaki, 2010). When one views prostitution through The

Kantian deontological of ethics, it has caused more harm to the men, woman, and children of our

society. One can agree with Kant’s theory and say that prostitution is unethical and immorally

wrong and should not be accepted in our society under any circumstances; however, this type of

thinking has led to the abuse of women and children and has caused our nation to suffer from

abuse, depression, and disease (Papadaki, 2010). There are the culture beliefs, political beliefs,

and religious beliefs all of which are used to judge what is right or wrong (Gowdy, 29013).

According to our society, prostitution is an illegal and immoral. Based on the present morals and

ethics of our society prostitution should not be legalized because it is an immoral act and a

sin(Gowdy, 29013). This type of thinking needs to be reevaluated because the prostitution of

society today is harming the lives of our citizens, men, women, and children.

Consequentialist Ethical Theory and Legalized Prostitution

The Consequential Ethical Theory is defined as an action or deed that can be considered

right is it promotes the best consequences for all concerned (Easton, 2014). When one considers

sexual activity between two consenting adults one can see that the sexual act promotes happiness

between the two parties thus making it an accepted moral decision. The argument of whether

prostitution should be legalized can be justified as a moral act if it promotes pleasure as an end

result (Sinnott-Armstrong, 2003). A woman who sells her body as a means of support or for

pleasure would be justified under the Consequential Ethical Theory (Easton, 2014). The
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Consequential Ethical Theory would give women the right to be in control of her body, thus

removing the moral and ethical aspect of prostitution and making it a personal choice (Sinnott-

Armstrong, 2003).

Consequentialist ethics is also referred to as Utilitarianism according to Sinnott-

Armstrong (Sinnott-Armstrong, 2003). Viewing the acts of prostitution through the views of

Utilitarianism one can justify that prostitution can be considered right when making a moral

decision based on the consequences that it would produce pleasure (Sinnott-Armstrong, 2003).

Utilitarianism would view prostitution as an act that brings happiness to all concerned such as

the prostitute, the client, and their families. Legalized prostitution would bring forth laws and

regulations to our society. Legalizing prostitution would give the government a chance to create

programs to help cut down and combat of sexual assault, violence, medical diseases, and

counseling and therapy if needed. These are a major issue that prostitution has produced within

our society. If prostitution were legalized, it would change the current violence that is associated

with prostitution as it stands today. According to Gowdy, normative ethics involves what our

society considers moral standards or right or wrong social behavior (Gowdy, 2013). If the social

standards of today would change its views on prostitution and legalize it, the men, woman, and

children that are victims of the current pain and suffering that associated with illegalized

prostitution will be able to receive help because of the laws that would protect them (Gowdy,

2013).

Virtue Ethics and Legalized Prostitution

Prostitution has always been a part of the human existence. The King James Bible (KJV)

does not use the word prostitution in its text; however, it does use the word harlot (KVJ, n.d.). A
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harlot in the KJV is defined as a prostitute (KJV, n.d). According to the KJV, the characteristics

of a harlot are shameless, painted, sinner, enticing, and expensive (KVJ, n.d.). A harlot is evil

and profanes God’s name, causes divorce and connected with idolatry (KVJ, n.d.). The harlot

referred to in the Bible is a sinner and agrees with The Kantian Deontological Ethics theory.

According to Kant’s theory, prostitution is immorally and ethically wrong and should not be

allowed (Easton, 2014). Society needs to look at not only the act of prostitution but also the

prostitute. This is where one can justify the prostitute by looking at the circumstances or the

situation in which caused the person to become a prostitute. Society today has judged the

prostitute and prostitution as immoral and unethical. This judgment has caused pain and

suffering in the lives of those who have had to choose prostitution as a mean of supporting her

children.

Looking past the act of prostitution and looking at the person then one may be able to see

courage and strength. According to virtue ethics, the moral and ethical aspect does not judge the

act as well as the actor (Borcoman, 2011). Borcoman defines virtue as what is in the heart of a

person, not the reason behind the act (Borcoman, 2011). If society would stop judging the act of

prostitution and consider the characteristics of the prostitute, it may see the inner strength and

courage of the person (Borcoman, 2011). A woman who has chosen to become a prostitute

because she has no other means of supporting her children is very courageous and brave.

Becoming a prostitute is not easy when one considers the moral, ethical, and religious

background. However, the woman has chosen to go against her beliefs because she loves her

children and will do whatever it takes to provide for them. If the social standards changed it

would help the woman with the mental and physical pressures of being a prostitute. A woman

who has forsaken her personal, social, and religious beliefs for her children need not be judged,
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she already has decided herself and knows she morally wrong. It takes courage to lay your life

down for another and the woman who has to be a prostitute knows where it will all end. If our

society would legalize prostitution, then programs could be created to help the woman deal with

the mental distress and guilt that goes with the act of prostitution. A woman who has forsaken

her personal ethics may result in drug and alcohol abuse, mental depression, and even suicide. If

prostitution is legalized and programs created, the prostitute may be able to further her education

and one day be able to put prostitution away from her life entirely.

Conclusion

Prostitution in our society, today is laced with fear, drugs and alcohol abuse, violence,

sexual abuse, mental abuse, depression, and disease. Legalizing prostitution would be a benefit

to our society. Legalized prostitution would create laws, rules and regulations that would help

combat the terror and violence that is seen in the world of prostitution today. Programs would be

established to regulate and overcome the violence and disease that is associated with illegal

prostitution that is a part of our society today. Legalized prostitution would protect the rights of

the prostitute, the client, and her family. It is also the belief of this author that if prostitution was

legalized it would be the beginning of the end of prostitution altogether. Because, once it is

legalized, there would be programs and education that would help people realize that there are

better ways to support a family. It is time to stop the violence and pain that is associated with

prostitution and the way to achieve this is by legalizing prostitution.

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References

Borcoman, D. (2011, April 28). Chapter 8: Virtue Based Ethics. Retrieved April 14, 2015, from
http://www.slideshare.net/dborcoman/chapter-8-ethics

Easton, W. (2014, March 20). Elements of Ethical Reasoning. Retrieved April 13, 2015, from
https://prezi.com/utt8f2rhtsfm/elements-of-ethical-
reasoning/?utm_campaign=share&utm_medium=copy

Gowdy, L. (2013, October 15). Meta-Ethics. Retrieved April 23, 2015, from
http://www.ethicsmorals.com/metaethics.html

KVJ. (n.d.). King James Bible Online. Retrieved April 25, 2015, from
http://www.kingjamesbibleonline.org/

Odez, D. (2011, April 30). Introduction to Ethics Phil 140 @ Binghamton University, Sp '11.
Retrieved April 15, 2015, from http://parenethical.com/phil140sp11/2011/05/08/moral-
judgements-on-prostitution/

Papadaki, E. (2010, March 10). Feminist Perspectives on Objectification. Retrieved April 24,
2015, from http://plato.stanford.edu/entries/feminism-objectification/#KanSexObj

Sinnott-Armstrong, W. (2003, May 20). Consequentialism. Retrieved April 12, 2015, from
http://plato.stanford.edu/entries/consequentialism/#ClaUti.