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NAME: DELOS SANTOS, MARIANIE B.

SECTION: E2
COURSE & YEAR: BIOLOGY- 2 TIME SCHEDULE: 1:30-3 PM/ MTh

CASE STUDY CRITIQUE ANALYSIS


ON ETHICAL VIEWS IN
PROSTITUTION

PHILOSOPHERS:

 SOCRATES
 JESUS CHRIST/CHRISTIANITY
 IMMANUEL KANT
 ST. AUGUSTINE
 ST. THOMAS AQUINAS
 UTILITARIANISM
- JOHN STUART MILL
- JEREMY BENTHAM
SEE:
Our bodies were designed perfectly and so why use it for our own desire of satisfaction
for the exchange of money? Why there were individual chooses to work as a prostitute? Why
there were people who pay for sex? These questions will be given answers later as I will discuss
more the cases about being a prostitute in this diverse society. Prostitutes used their body to gain
money as this is their primary objective. However there were some prostitutes who engage to it
without expecting any payments from their clients. This act of engagement is only for the
prostitutes‟ own sexual desire. On the other hand, client uses prostitute body for their sexual
satisfaction where their primary motivation in doing these is sexual pleasure.
Different societies have viewed prostitution in widely divergent ways. According to the
Oxford English Dictionary as cited by Moen 2012, prostitution is the practice or occupation of
engaging to sexual activity for payments. People with widely diverging views about this issue
tend to share the assumption that prostitution harms those individual who engage to it. Other
people view prostitution as a form of violence against women and children and sexual
exploitation which are the main supply for human trafficking. According to the Philippine
Commission on Women there were different forms of prostitution exist in the society, these are
solicitation, bars, brothels, akyat-barko, massage, parlor, escort services, sex tourism, cybersex,
local and international sex trafficking. People who are involve in this issue are also a part of an
industry and commercial market as to which they are diverse in their legal and occupational
organization (Musto et.al, 2015).
According to McTavish 2012 on his article Prostitution in the Philippines – a time for a
change, that way back 1982 Manila was tagged at the biggest brothels in Asia. On 1998 it has
been estimated that there were at least 400,000 to 500,000 prostitute persons in the Philippines
with 75,000 of these were minors. In her “Anti-Prostitution Act” (Senate Bill No. 2341) Senator
Pia S. Cayetano cites the number of women being exploited in prostitution in the Philippines
now ballooning to 800,000.
Poverty has been identified as the primary of push factor of prostitution to mostly
underdeveloped countries. In the Philippines it has been said that women from Saranggani have
pushed to prostitution. They are tribeswomen, aged from 15 to 18, with inappropriate education,
who work on different beer garden, fun house, nightclubs and big hotel in General Santos City.
According to 2010 Trafficking of Person Report by the United States Department on the
Philippines as quoted by Cojuangco 2018: “The Philippines was a source country were some
women forced to be a prostitute and forced to labor”. Another statement made by Ambassador
Thoman is that 40 percent of male tourists visiting the Philippines just came for sex tourism may
have put the Philippines tourism industry in a bad light (Cojuangco, 2018). There were people
who work as a recruiter, but of course these individual were targeted those women who suffered
prior to physical and psychological abuse, and even those who have less fortunate people. For
McTavish 2012 he stated that it is really important for every individual to be aware of what so
called “push-pull” factor.
Although prostitution has been said that it is the oldest job that the world has, there were
some countries that does not consider it as legal. The Philippines was one of the main sourced of
human trafficking because of its‟ widely involvement towards prostitution, and yet prostitution
in the Philippines is still not legalized. However, there were some countries where prostitution
has been legalized these includes, New Zealand, Australia, Austria, Bangladesh, Belgium, Brazil,
Canada, Columbia, Denmark, Ecuador, France, Germany and many other countries that
imposing legalized prostitution (Bhattacharya,2015). According to The World Population
Review, as per the latest survey of this year 2019 there were an estimated 42 million prostitutes
across the globe. Moreover, prostitution occurs in different forms, and its legality will vary from
country to country. Legalizing of prostitution reflects on the different opinions on exploitation,
gender roles, ethics and morality, freedom of choice, and social norms. In Thailand, prostitution
is illegal; however, laws are ambiguous and unenforced. Sex work in Thailand is a big economic
incentive for rural, unskilled women who have financial obligations such as dependents or debts.
In Germany, prostitution is legal and taxed. Germany also allows brothels, advertisements, and
job offers through HR companies. Germany passed the Prostitutes Protection Act in 2016, which
was intended to protect prostitutes by requiring a permit for all prostitution trades and a
prostitute registration certificate.

On the other hand, in this paper I believe that in whatever reasons that lies behind every
prostitute there were always equivalent different reactions from the society, because we are
living diversely where everyone thinks so differently regarding to various beliefs and cultures of
people from country to county. Thus, I will also going to talk this case more ethically, based on
some moral teachings of some philosophers considering both the pros‟ and the cons‟ regarding to
this issue. I will also try to give my own perspective towards this issue. And will try to evaluate
the different views of philosophers.

JUDGE:

Prostitution is one of the topic that can sparks many ethical and legal debates in our
society even before. Up until now there were still countries that still under debate in legalizing
prostitution. It has been said that prostitution is a harmless wrong doing or it is consider as
victimless crimes. These means that the action in prostitution is wrong but it cannot harm to
others or there were no victims in the situation. Each of us has the right to control our own minds
and bodies. Morally the most common ground for holding that prostitution is an undesirable is
that it constitutes the case of sexual immorality where, society and morality condemn it.
Basically, the main issue is presumably the wrongness and rightness of acts in prostitution.

For Socrates as he discussed on crito or this is about discussion of justice and injustice,
for him not all legal and morally right are always coinciding. Simply because something is made
legal or illegal does not necessarily have any moral bearing on the act. It simply says that it
doesn‟t mean that it is not legal can be considered as not morally right. Because not all legal are
moral, and not all illegal is immoral.

In a religious point of view, prostitution is somewhat that can be consider as immoral


where it is a special case of immorality in adultery. The moralist tradition is based on religious
principles; such the Ten Commandments, one of it is not to commit adultery. The Bible tells us
that prostitution is immoral. Proverbs 23:27-28 says, "For a prostitute is a deep pit and a
wayward wife is a narrow well. Like a bandit she lies in wait, and multiplies the unfaithful
among men." Prostitution not only destroys marriages, families, and lives, but it destroys the
spirit and soul in a way that leads to physical and spiritual death. God's desire is that we stay
pure and use our bodies as tools for His use and glory (Romans 6:13). First Corinthians
6:13 says, "The body is not for sexual immorality but for the Lord, and the Lord for the body."
However, although prostitution is sinful; doers are still not beyond God‟s forgiveness. It has been
said that Jesus Christ ethical teaching is addressed to everyone, where prostitutes also have the
chance to change their life and can receive the salvation which in Christianity it is what people
believe Jesus to have salvation after physical death.
In Kantian moral theory it identifies subjectivity and dignity with a self-determining
located within the limited willingness of the activity of embodied individuals. For him individual
must itself as a subject by means of the recognition of another subject within a particular social
context. It was stated by Kant that sexuality is one way in which an individual may express its
subjectivity. On his Kantian moral theory, all sexual activities express subjectivity but not all
sexual activities involve mutual respect. For Kant mutual respect has something to do in sexual
act that express willingness in participation to the sexual partners, without it acts become sexual
intrusions that obscure the distinction between a humans body.

Certainly Augustine as a philosopher affirms that prostitution is wrong, as to which bond


of peace is of course the institution of marriage. Undoubtedly, by the eternal law, which requires
the preservation of natural order, and forbids the transgression of it, conjugal intercourse should
take place only for the procreation of children, and after the celebration of marriage, so as to
maintain the bond of peace. Therefore, the prostitution of women, merely for the gratification of
sinful passion, is condemned by the divine and eternal laws this is according to the point of view
of St. Augustine (Pearse, 2019).

For St.Thomas, all law derives its legitimacy from the eternal law in God. The eternal law
is the wisdom of God which guides all the events in the universe. Each person participates in the
eternal law via the natural law inscribed within his heart, as man is created in the divine
image. Human laws should reflect the natural law, but they are not identical to it. "The natural
law is a participation in us of the eternal law: while human law falls short of the eternal
law." Because the scope of human law is narrower than that of natural law, it cannot regulate
every human action. St. Thomas Aquinas quoted this statement “Prostitution in the towns is like
the cesspool in the palace: take away the cesspool and the palace will become an unclean and
evil-smelling place” this sentiment of Aquinas says that prostitution is something that can be
consider as necessary evil in the society (Licauco, 2013). We should not look just at one side of
the cases for in some arguments we may find some reasons to consider the case. Aquinas was
referring his law to the eternal law of God. In which, there are some instances that human law
could not control every human actions. Human laws were not absolute as to which the law from
God.
According to Utilitarianism, the happiness of the greatest number of people in the society
determines the greatest good. John Stuart Mill and Jeremy Bentham, these philosophers were
both have utilitarian theories which the primary goal is a life rich happiness in both point of
quantity and quality for the greatest number of people. These theories matters what has been the
outcome of the action whether or not those motives were good or bad. This is based on
measuring happiness through pleasures and pains. According to this philosophy, an action is
morally right if its consequences lead to greater happiness, and wrong if it ends in unhappiness.
The two parties here and between the prostitutes themselves versus society. One reason often
given as to why prostitution is immoral is that it tends to force some girls or boys to have sex
with men they might not want to have sex with similar to slavery. In many cases, people do not
freely decide to become prostitutes. In some cases, they are driven to the profession by
desperation and a lack of other opportunities for employment. This philosophy wants to implies
that in other aspects and views, there can be reasons that prostitution can be somehow consider
as moral thing. By the time where the prostitutes women ends with greater happiness and
contentment doing prostitution then, utilitarianism philosophy consider it moral. However,
society must not only look about immorality of doing such, because there is some philosophy
that would consider something moral in diversity. For the stand of utilitarianism, the prostitutes
should find greatest happiness in doing such, when the doer failed to find it so, for utilitarianism
this cannot be consider as moral. In other words, prostitutes must attain greatest happiness
ending to consider prostitution as morally in view of utilitarianism.

There were more philosophical arguments in prostitution, but I have picked this
arguments for I think suit for the understanding of the readers that there are some aspects of
ethics that what is immoral to others will be moral to someone when it meets the condition. One
should think beyond the box, what I mean is that someone should also consider the views and
opinions of others regarding to the issue. The different ethical arguments above will help us
understand more about the issue. It is in our hands what we choose to believe in from the
different arguments presented by the philosophers. From Socrates to utilitarianism arguments
presented above, it is our own choice that will give us understanding towards the issue.
ACT:

In the Philippines alone there were a lot of prostitutes. The governments are taking
actions but it is not enough because the main factor is still there in which it is poverty. As long as
poverty that caused hunger will not be eradicated, still there were women who sell their bodies
for the exchange of money. As to which the main goal of prostitutes is to gain money out from
their body who involve in sexual activity into different customers. Basically many would see
prostitution as an immoral thing but we should always open up our mind and consider the pros
and cons in the issue. Most people often viewed prostitution as morally incorrect. However, as
John Stuart Mill states in On Liberty, it is not clear that the government is or should be in the
process of regulating morals based in paternalistic reasons. Something should not be regulated
for someone„s own good. Acts that are primarily self-regarding that do not harm or affect the
interests of others should never be regulated for someone„s own good. Things should only be
regulated if they harm others. Whether an act is moral or immoral is beside the point. So, laws
against prostitution, which is primarily a self-regarding action, which affects others only with
their consent, should not be illegal.

In contrast, everyone has given free will, where a person could decide freely how to live
her/his life. It is up to us how we use that free will. Everyone has been given knowledge to think
rationally, and it is ones‟ choice how to govern the free-will itself. In the case of prostitutes, as
an individual we should not let ourselves jump directly into judgments. There were a lot of
factors that we need to consider. People involve in prostitution have their reasons, so let us be
considerate because not all people are fortunate in life. We cannot consider directly that
prostitution is immoral for it depends on the situation. We can consider prostitution as immoral
when an individual uses her body to gain money. But to think that it is none about our business,
maybe as I have mentioned above, the socio economic factor which is poverty and hunger are
some of the push factor of the prostitute women.

On my own point of view it is not the prostitutes themselves have the higher
accountability in this issue, it is the payer or the customers who paid for sex. Their where no
prostitutes when there will be no willing to pay for sex. And so let us say there are also people
who are not willing to buy for sex when no one is selling it. I would like to argue that even there
will be a lot of women who are selling their bodies, when no men are willing to buy and paid
them for sex, it would help them to think that no one is interested to paid in that kind of job. But
the question is that how can the society end that issue? It is our duty as a global citizen to take
initiative. Governments cannot do it alone without us as the member state of our nation. In one
hand about the issue of legalizing prostitutes in the country, in my own point I would not agree
with it. Why? The Philippines is one of the most source of human trafficking, also have high
percentage of having infectious diseases and viruses to name a few these are; HIV/AIDS, STDs
and other infectious so what‟s the reason of legalizing prostitution? Philippines also have a high
rate of early pregnancy and so, does legalizing prostitution would make lessen those issues? Of
course not legalizing prostitution would increase the human exploitation and human trafficking.
However, we have different views and arguments about a particular issue such this but what
really matter is that we should take initiative in governing our rights, ethically our free will.

To conclude, prostitution, as such, is not coercive or immoral, so as long as valid consent


is obtained. Indeed any sex act that occurs between freely, informed consenting adults is morally
acceptable. Prostitution has multiple faces: they are victims of exploitation and networks,
mothers in precarious situations, young female students, and children, men who prostitute
themselves on the street, on the internet, in bars, in saunas or massage parlors, on the side of
highways. The circumstances are diverse. Yet, no matter the political, economic or cultural
context, they are all linked to one phenomenon: sexual exploitation. Any governing set of rules
or morals that govern prostitution are based on this dual aspect of the act. If the act is between
such validly consenting adults, who agree to the terms of the contract and fulfill the terms, there
should be no moral issue with prostitution at all.
References:
 Prostitution in the Philippines – a time for change July 30, 2012 · By Fr James
McTavish, FMVD
https://www.preda.org/prostitution-in-the-philippines-a-time-for-change/
 15 Countries Around The World That Have Legalized Prostitution Jun 26, 2015
Rohit Bhattacharya
https://www.scoopwhoop.com/inothernews/countries-with-legal-prostitution/
 http://worldpopulationreview.com/countries/countries-where-prostitution-is-legal/
 http://www.aquinasonline.com/Topics/tolernce.html
 What does the Bible say about prostitution?
https://www.gotquestions.org/prostitution-Bible.html
 Augustine‟s “De ordine” and his comment on prostitution
Posted on June 25, 2019 by Roger Pearse
https://www.roger-pearse.com/weblog/2019/06/25/augustines-de-ordine-and-his-
comment-on-prostitution/
 The Bible, Christianity and prostitution By: Jaime Licauco Philippine Daily
Inquirer / 11:48 PM February 25, 2013 https://lifestyle.inquirer.net/91577/the-
bible-christianity-and-prostitution/

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