Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...) arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception. (shrink)

In 2003 and 2004, Aotearoa New Zealand enacted two key laws that regulate two very different ways in which the female body may be commodified. The Prostitution Reform Act 2003 (PRA) decriminalized prostitution, removing legal barriers to the buying and selling of commercial sexual services. The Human Assisted Reproductive Technology Act 2004 (HART Act), on the other hand, put a prohibition on commercial surrogacy agreements. This paper undertakes a comparative analysis of the ethical arguments underlying New Zealand’s legislative solutions to (...) prostitution and commercial surrogacy. While the regulation of prostitution is approached with a Marxist feminist lens with the aim to ensure the health and safety of sex workers, commercial surrogacy is prohibited outright for concerns of negative impacts on present and future persons. I ground the principles of each Act in their ethical foundations and compare these two against one another. I conclude that New Zealand’s legislative approach to regulating the commodification of the female body is ethically inconsistent. (shrink)

Safer sex has emerged as a collection of practices and ideas deployed to combat the spread of AIDS. Prevention messages and rituals of safer sex each rely on constructing a potential user's relationship to latex devices. This article is based on an analysis of twenty-seven interviews conducted with people in the sex trade. Since sex workers make it their business to exchange sexual services for economic compensation, many have become extremely sophisticated in their innovations and expressions of eroticism using safer (...) sex techniques. Sex workers are one of a group of key knowledge producers focused on safer sexual practices. Their worlds are metaphoric laboratories for empiri cal studies of emergent sexual practices. This article describes the innovations of the use of technologies of safer sex and the configuration of users. (shrink)

This article is a comparative study of five prostitutes' social movements. The emergence of these movements is one of the major developments in the politics of prostitution: for the first time, prostitutes are politically organizing and expressing their claims and grievances in the public debate about prostitution — a debate from which they are usually excluded. But, as is the case for most stigmatized populations, this pretension to enter into the public debate is faced with many difficulties. Some of these (...) are inherent to the world of prostitution, which is an informal, competitive and violent world, in which leaders face constant challenges to establish and maintain their authority and legitimacy. The article also emphasizes the crucial, but ambiguous, role played by alliances between prostitutes and people from other parts of society. Prostitutes' dependence on these supporters leads the author to consider their social movements to be heteronomous mobilizations. (shrink)

In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue that (...) Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (shrink)

Ascribing autonomous status to agents is a valuable practice. As such, we ought to care about how we engage in practices of autonomy ascription. However, disagreement between first-personal experiences of an agent's autonomy and third-personal determinations of their autonomy presents challenges of ethical and epistemic concern. My view is that insights from a dialogical rather than nondialogical account of autonomy give us the resources to combat the challenges associated with autonomy ascription. I draw on Andrea Westlund's account of dialogical autonomy—on (...) which autonomy requires a dialogical disposition to hold oneself answerable to external critical perspectives—to make my case. (shrink)

Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.

Over the past decade, Canadian media coverage of street sex work has steadily increased. The majority of this interest pertains to graphic violence against street sex workers, most notably from Vancouver, British Columbia. In this article, the authors analyze newspaper coverage that appeared in western Canadian publications between 2006 and 2009. In theorizing the violence both depicted and perpetrated by newspapers, the authors propose an analytic framework capable of attending to the process of othering in all of its complexity. To (...) this end, the authors supplement a Foucauldian analysis of abjection by considering the work of Judith Butler along with Julia Kristeva's conceptualization of abjection. Using excerpts from western Canadian newspapers, the authors illustrate how the media's discursive practices function as triggers for the process of cultural abjection by inscribing street sex workers with images of defilement. The authors argue that newspaper coverage of street sex workers reinforces the inviolability of normalized life by constantly reiterating the horror reserved for abjected bodies. (shrink)

The feminist sex wars have been characterized by debates between radical feminists and sex radical feminists about women's experiences of empowerment versus oppression in the sex industry. Based on a qualitative study of the experiences of exotic dancers, this article introduces a new theoretical paradigm to the feminist sex wars that values the contributions of both sex radicals and radical feminists. It articulates a twofold temporal dimension of sex workers' experiences: how women's feelings of pleasure and empowerment gradually decline over (...) time and how good and bad experiences rapidly transform into their opposites over the course of a single evening, making the strip bar a volatile and unsettling space for performers. (shrink)

This thesis aims to determine whether international gestational surrogacy contracts are exploitative, and whether they should be prohibited. I chose a group of women working as surrogates at Kaival Maternity Home and Surgical Hospital, in Anand, Gujarat, India as a study group. After examining their life circumstances, I argue that these women live in unjust circumstances caused by institutional sexism and poverty. I critically assess arguments launched against surrogacy, organ trade, and prostitution and find that none of these are sufficient (...) for demonstrating that contracts involving the sale of the body are necessarily exploitative. I find that surrogacy is exploitative because of a complex set of social conditions. Further, the contracts are beneficial to both the woman acting as surrogate and to the couple hiring her. I conclude that international gestational surrogacy is exploitative yet mutually beneficial, and prohibiting surrogacy would be harmful unless accompanied by drastic social change. (shrink)

Our position is that the threat and experience of violence that sex workers face is a crucial issue to address and should be considered in debates concerning the legalization of prostitution because even in countries where prostitution is legalized, prostitutes continue to experience violence. Our focus is to show that violence is crucially important to address because both the experience and the fear of physical, sexual or psychological harm erodes women ’s capacity to choose and act autonomously. We shall argue, (...) then, that despite differences between inside and outside prostitution, all women in prostitution suffer unacceptable levels of violence ; hence, we conclude that all forms of prostitution continue to be morally problematic. (shrink)