Peter de Marneffe
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195383249
- eISBN:
- 9780199870554
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383249.003.0006
- Subject:
- Philosophy, Political Philosophy
Some have argued that liberalism is committed to the principle that the government should remain as neutral as possible toward conceptions of the good life. Some paternalistic prostitution laws, ...
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Some have argued that liberalism is committed to the principle that the government should remain as neutral as possible toward conceptions of the good life. Some paternalistic prostitution laws, however, are consistent with what is right in this principle. This position is defended by reference to T. M. Scanlon's contractualist theory of morality, and also by reference to Ronald Dworkin's early work on rights. Although some might characterize as “perfectionist” the paternalistic argument for prostitution laws stated in chapter 1, the kind of perfectionism that this argument involves is morally unobjectionable and is consistent with what is right in the idea of government neutrality.Less
Some have argued that liberalism is committed to the principle that the government should remain as neutral as possible toward conceptions of the good life. Some paternalistic prostitution laws, however, are consistent with what is right in this principle. This position is defended by reference to T. M. Scanlon's contractualist theory of morality, and also by reference to Ronald Dworkin's early work on rights. Although some might characterize as “perfectionist” the paternalistic argument for prostitution laws stated in chapter 1, the kind of perfectionism that this argument involves is morally unobjectionable and is consistent with what is right in the idea of government neutrality.
Peter de Marneffe
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195383249
- eISBN:
- 9780199870554
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383249.001.0001
- Subject:
- Philosophy, Political Philosophy
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 ...
More
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. This book 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, 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.Less
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. This book 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, 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.
