Difference between revisions of "Prostitution" - New World Encyclopedia

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[[Image:EN BESKYTTERINDE AF INDUSTRIEN.gif|thumb|right|220px|Prostitute c. 1890]]
  
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'''Prostitution''' describes [[human sexuality|sexual intercourse]] in exchange for [[money|remuneration]]. The legal status of prostitution varies in different countries, from punishable by [[death penalty|death]] to complete legality. A woman who engages in sexual intercourse with only one man for support is a [[concubine|mistress]], and not normally considered a prostitute. Prostitution has often been described as "the world's oldest profession," and there is evidence of prostitution occurring throughout history in all societies. Early forms of prostitution involved "sacred prostitution," in which the sexual act was performed for a religious purpose with a person other than one's spouse. Religions have consistently condemned other forms of prostitution in which the activity is purely for personal pleasure, and severe penalties have been imposed on the prostitutes, although usually not on their clients.
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Prostitution, however, has continued to exist since the earliest societies, and [[human trafficking]] in the twentieth century brought countless women and children across national boundaries for [[slave labor]] in this profession. Although many argue that prostitution is helpful to society (economically and socially), the realization that it is very wrong to sell that which is most wonderful, most enjoyable, most precious, and some consider most sacred, is an underlying concern. For, if human sexuality, which is inexorably linked to [[love]], [[life]], and [[lineage]], is commodified, the value of a [[human being]] is inevitably reduced to something material, external, and temporary, and the ideals of [[marriage]] and [[family]] are destroyed.
  
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==Terminology==
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[[Image:The Procuress.jpg|right|thumb|250 px|"The Procuress" by [[Dirck van Baburen]]]]
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The English word "whore," referring to (female) '''prostitutes,''' is taken from the [[Old English]] word ''hōra'' (from the Indo-European root ''kā'' meaning "[[desire]]") but usage of that word is widely considered [[pejorative]] and "prostitute" is considered a less value-laden term. On the other hand, in [[Germany]] most prostitutes' organizations deliberately use the word ''Hure'' (whore) since they feel that "prostitute" is a [[bureaucracy|bureaucratic]] term and an unnecessary [[euphemism]]. Male prostitutes offering services to female customers are known as "gigolos" or "escorts." Male prostitutes offering their services to male customers are called  "hustlers" or "rent boys."
  
[[Image:JMR-Memphis1.jpg|thumb|right|250px|Equality and the balancing of our interests under law is symbolised by a blindfold and weighing scales]]
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[[Brothel]]s are establishments specifically dedicated to prostitution, often confined to special [[red-light district]]s in big cities. Other names for brothels include Bordello, Whorehouse, Cathouse, and General house. Prostitution also occurs in some [[massage]] parlors; in Asian countries some [[barber]] shops offer sexual services for an additional tip. Organizers of prostitution are typically known as [[pimp]]s (if male) and [[madam]]s (if female). More formally, they practice [[Procuring (prostitution)|procuring]], and are procurers, or procuresses.
  
{{dablink|For other senses of this word, see [[Law (disambiguation)]].}}
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Prostitutes are not the only people who are paid for sexual activities. [[Pornography]] actors and actresses are paid for having sex, but they are both paid by a third party, the producer of the pornography. Prostitutes are paid by the clients with whom they have sex.
  
'''Law''' has been defined as a "system of rules"<ref name="hhc">{{cite book |last=Hart |first=H.L.A. |authorlink=H.L.A. Hart |title=[[The Concept of Law]] |year=1961 |publisher=Oxford University Press |isbn=ISBN 0-19-876122-8 }}</ref>, as an "interpretive concept"<ref name="rdl">{{cite book |last=Dworkin |first=Ronald |authorlink=Ronald Dworkin |title=Law's Empire |year=1986 |publisher=Harvard University Press |isbn=ISBN-10: 0674518365 }}</ref> to achieve justice, as an "authority"<ref name="jra">{{cite book |last=Raz |first=Joseph |authorlink=Joseph Raz |title=The Authority of Law |year=1979 |publisher=Oxford University Press }}</ref> to mediate people's interests, and even as "the command of a sovereign, backed by the threat of a sanction"<ref name="jap"> {{cite book |last=Austin |first=John |authorlink=John Austin (legal philosopher) |title=The Providence of Jurisprudence Determined |year=1831 |publisher= |location= |isbn= }}</ref>. The numerous ways law might be thought of reflects the numerous ways law comes into everyone's lives. [[Contract law]] governs everything from buying a bus ticket, to obligations in the workplace. When buying or renting a house, [[property law]] defines people's rights and duties towards the bank, or landlord. When earning pensions, [[trust law]] protects savings. [[Tort law]] allows claims for compensation when someone or their property is [[harm principle|harmed]]. But if the harm is criminalised, and the act is [[Intention (criminal)|intentional]], then [[criminal law]] ensures that the perpetrator is removed from society. Society itself is built upon law. [[Constitutional law]] provides a framework for making new laws, protecting people's [[human rights]] and [[election|electing]] political representatives. [[Administrative law]] allows ordinary citizens to challenge the way government bodies exercise their power. Between different societies, [[Law#International law|international law]] builds bridges, so that people everywhere can lead better lives. "The [[rule of law]]," wrote the philosopher [[Aristotle]] in 350B.C.E., "is better than the rule of any individual."<ref>[[Aristotle]] (c.350B.C.E.) [http://www.gutenberg.org/dirs/etext04/tgovt10.txt ''Politics: A Treatise on Government''] Book 3, Ch. XVI n.b. this translation reads, "it is more proper that law should govern than any one of the citizens"</ref>
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Prostitutes are stigmatized in most [[society|societies]] and [[religion]]s; their customers are typically stigmatized to a lesser degree.
  
The study of law raises important questions about [[Egalitarianism|equality]], [[fairness]] and [[justice]]. This is not always simple. "In its majestic equality," wrote the author [[Anatole France]] in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."<ref>[[Anatole France|France, Anatole]] (1894) ''The Red Lily'' (''Le lys rouge'') n.b. the original French is, "La loi, dans un grand souci d'égalité, interdit aux riches comme aux pauvres
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==History==
de coucher sous les ponts, de mendier dans les rues et de voler du pain."</ref> Every [[Legal systems of the world|legal system]] elaborates legal rights and responsibilities in different ways. Most countries have a codified system of [[civil law (legal system)|civil law]] which is regularly updated by governments. Many others use [[common law]] which develops through judicial precedent. Small numbers of countries still base their law on [[religious law|religious texts]]. But in all places there is a rich [[legal history|history]] to law, with deep [[philosophy of law|philosophical]] ideas underpinning it. Law raises pressing [[economic analysis of law|economic]] issues, just as intense [[politics|political]] battles are fought to mould law throughout its [[Law#Legal institutions|institutions]]. [[Legal profession|Professionals]] are usually trained to give people [[solicitor|advice]] about their legal rights and duties and [[barrister|represent]] them in [[court]]. But despite the complexity, law is a highly rewarding study. The word ''law'' derives from the late [[Old English language|Old English]] ''lagu'', meaning something laid down or fixed. <ref>see [http://www.etymonline.com/index.php?search=law&searchmode=none Etymonline Dictionary]</ref>
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Prostitution is sometimes referred to as "the world's oldest profession." Indeed, there is evidence of prostitution occurring throughout history, all the way back to ancient societies.
  
==Legal subjects==
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===In the ancient world===
All legal systems deal with similar issues that recur throughout society, although different categories and names may be given. Moreover, there are certain core subjects, that students are required to learn in order to practise law. For example, in England these are [[criminal law]], [[contract]], [[tort]], [[property law]], [[trusts|equity and trusts]], [[constitutional law|constitutional]] and [[administrative law]] and [[European Union law|European Community Law]]. Sometimes people distinguish "[[public law]]", which relates closely to the [[state]] (including constitutional, administrative and criminal law), from "[[private law]]", which can include contract, tort, property and many further disciplines. In [[civil law]] systems contract and tort would fall under a general [[law of obligations]] and trusts law is dealt with under statutory regimes or [[Hague Convention on the Law Applicable to Trusts and on their Recognition|international conventions]]. Outside Europe, students may focus on different regional agreements, such as [[NAFTA]], [[SAFTA]], [[South American Community of Nations|CSN]], [[ASEAN]] or the [[African Union]]. But it is the unity and the things that all legal systems have in common, not the differences, that is the most remarkable feature of law in today's world.
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====Near East====
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One of the earliest forms was [[Prostitution#Religious prostitution|sacred prostitution]], supposedly practiced among the [[Sumerian]]s. In ancient sources ([[Herodotus]], [[Thucydides]]) there are many traces of sacred prostitution. In [[Babylon]], each woman had to reach, once in their lives, the sanctuary of ''Militta'' ([[Aphrodite]] or Nana/Anahita) and there have sex with a foreigner for a symbolic price as a sign of hospitality.
  
===International law===
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Within the religion of [[Canaan]], a significant portion of temple prostitutes were male. It was widely used in [[Sardinia]] and in some of the [[Phoenicia]]n cultures, usually in honor of the goddess [[`Ashtart|‘Ashtart]]. Presumably under the influence of the Phoenicians, this practice was developed in other ports of the [[Mediterranean Sea]], such as [[Erice]] ([[Sicily]]), [[Locri|Locri Epizephiri]], [[Crotone|Croton]], Rossano Vaglio, and Sicca Veneria.
{{Main|Public international law|Conflict of laws|European Union law}}
 
[[Image:Naciones_Unidas_3.jpg|right|thumb|150px|Providing a constitution for public international law, the United Nations was conceived during World War II]]
 
In a global economy, law is [[globalisation|globalising]] too. International law can refer to three things, public international law, private international law or conflict of laws and the law of supranational organisations.
 
  
* '''[[Public international law]]''' concerns the relationships between sovereign nations. The [[United Nations]], founded under the [[UN Charter]] and the [[Universal Declaration of Human Rights]] is the most important international organisation. It was established after the failure of the [[Versailles Treaty]] and [[World War II]]. Other international agreements, like the [[Geneva Conventions]] on the conduct of war and international bodies such as the [[International Labour Organisation]], the [[World Trade Organisation]], or the [[International Monetary Fund]] also form a growing part of public international law.
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Prostitution was common in [[ancient Israel]], despite being tacitly forbidden by [[Jewish Law]]. It is recorded in the [[Bible]] that a prostitute in [[Jericho]] named [[Rahab]] assisted Israelite [[spy|spies]] with her knowledge of the current socio-cultural and military situation due to her popularity with the high-ranking nobles she serviced. The spies, in return for the information, promised to save her and her family during the planned military invasion, as long as she fulfilled her part of the deal by keeping the details of the contact with them secret and leaving a sign on her residence that would be a marker for the advancing soldiers to avoid. When the people of Israel conquered Canaan, she left prostitution, converted to Judaism, and married a prominent member of the people.
  
* '''[[Conflict of Laws]]''' (or "private international law" in [[Civil law (legal system)|civil law]] countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today businesses are increasingly capable of shifting [[capital]] and [[labour]] supply chains across borders, as well as trading with overseas businesses. This increases the number of disputes outside a unified legal framework and the enforceability of standard practices. Increasing numbers of businesses opt for commercial arbitration under the [[Convention on the Recognition and Enforcement of Foreign Arbitral Awards|New York Convention 1958]].
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====Greece====
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In [[ancient Greece|ancient Greek]] society, prostitution was engaged in by both women and boys. The Greek word for prostitute is ''porne,'' derived from the verb ''pernemi'' (to sell), with the evident modern evolution. Female prostitutes could be independent and sometimes influential women. They were required to wear distinctive dresses and had to pay [[tax]]es. Some similarities have been found between the Greek ''[[hetaera]]'' and the [[Japan]]ese ''[[oiran]],'' complex figures that are perhaps in an intermediate position between prostitution and [[courtisanerie]]. Some prostitutes in ancient Greece were as famous for their company as their [[beauty]], and some of these women charged extraordinary sums for their services.
  
* '''[[European Union law]]''' is the first and only example of a [[supranationalism|supranational]] legal framework. However, given increasing global economic integration, many regional agreements, especially the [[South American Community of Nations]], are on track to follow the same model. In the EU, sovereign nations have pooled their authority through a system of [[European Court of Justice|courts]] and [[European Parliament|political institutions]]. It constitutes "a new legal order of international law"<ref>{{cite web | title = C-26/62 ''Van Gend en Loos v. Nederlanse Administratie Der Belastingen'' | url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML | accessdate = 2007-01-19 }}
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[[Solon]] instituted the first of Athens' brothels ''(oik'iskoi)'' in the sixth century B.C.E., and with the earnings of this business he built a temple dedicated to Aprodites Pandemo (or Qedesh), patron goddess of this commerce. Procuring, however, was strictly forbidden. In [[Cyprus]] (Paphus) and in [[Corinth, Greece|Corinth]], a type of religious prostitution was practiced where the temple counted more than a thousand prostitutes ''(hierodules)'', according to [[Strabo]].
</ref> for the mutual social and economic benefit of the member states.
 
  
===Constitutional and administrative law===
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Each specialized category had its proper name, so there were the ''chamaitypa'i,'' working outdoor (lie-down), the ''perepatetikes'' who met their customers while walking (and then worked in their houses), and the ''gephyrides,'' who worked near the bridges. In the fifth century, Ateneo informs us that the price was of 1 ''obole,'' a sixth of a drachma and the equivalent of an ordinary worker's day salary.
{{Main|Constitutional law|Administrative law}}
 
[[Image:Supreme_Court_October_2005.jpg|thumb|left|150px|The [[Supreme Court of the United States|U.S. Supreme Court]] and the US President]]
 
Constitutional and administrative law govern the affairs of the state. [[Constitutional law]] governs the relationships between the [[executive]], [[legislature]] and [[judiciary]]. [[Human rights]] or [[civil liberties]] also form part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the [[United States of America|United States]] and [[France]], have a single codified constitution, with a [[Bill of Rights]]. A few, like the United Kingdom, have no such document; in those jurisdictions the constitution is composed of [[statute]], [[case law]] and [[Constitutional conventions|convention]]. A case named ''[[Entick v. Carrington]]''<ref>''[[Entick v. Carrington]]'' (1765) 19 Howell's State Trials 1030</ref> illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sherrif Carrington. Carrington argued that a warrant from a Government minister, the [[George Montague-Dunk, 2nd Earl of Halifax|Earl of Halifax]] was valid authority, even though there was no statutory provision or court order for it. The court, led by [[Charles Pratt, 1st Earl Camden|Lord Camden]] stated that,
 
  
<blockquote>"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."</blockquote>
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Male prostitution was also common in Greece. It was usually practiced by [[adolescence|adolescent]] boys, a reflection of the [[Pederasty|pederastic]] tastes of Greek men. [[Slavery|Slave]] boys worked the male brothels in Athens, while free boys who sold their favors risked losing their political rights as adults.
  
Inspired by [[Two Treatises of Government|John Locke]],<ref>[[John Locke|Locke, John]] (1690)''[[Second Treatise on Government]]'' Chapter 9, Line 124</ref> the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law. [[Administrative law]] is the chief method for people to hold state bodies to account. People can apply for [[judicial review]] of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the ''[[Conseil d'Etat]]'' set up in 1799, as [[Napoleon]] assumed power in [[France]].
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====Rome====
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In [[ancient Rome]], while there were some commonalities with the Greek system. As the Empire grew, prostitutes were often foreign [[slavery|slaves]], captured, purchased, or raised for that purpose, sometimes by large-scale "prostitute farmers" who took [[child abandonment|abandoned children]].  Indeed, abandoned children were almost always raised as prostitutes.<ref>Justin Martyr, [http://www.newadvent.org/fathers/0126.htm First Apologies,] New Advent. Retrieved August 10, 2007.</ref>
  
===Criminal law===
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Enslavement into prostitution was sometimes used as a legal [[punishment]] against criminal free women. Buyers were allowed to inspect naked men and women for sale in private and there was no stigma attached to the purchase of males by a male aristocrat. A large brothel, called the Lupanar, found in [[Pompeii]] attests to the widespread use of prostitutes in Rome around the turn of the century. Like Greece, Roman prostitution was highly categorized, with titles for prostitutes and their places of trade.
{{Main|Criminal law}}
 
[[Image:Newgate - cell and galleries from The Queen's London - a Pictorial and Descriptive Record of the Streets, Buildings, Parks and Scenery of the Great Metropolis, 1896.JPG|thumb|right|150px|An example of where criminals are sent after a conviction, [[London]]'s [[Newgate Prison]] in 1896]]
 
Criminal law is the most familiar kind of law from the papers, or news on TV, despite its relatively small part in the legal whole. In every jurisdiction, a crime is committed where two elements are fulfilled. First, the criminal must have the requisite [[Intention (criminal)|malicious intent]] to do a criminal act, or ''[[mens rea]]'' (guilty mind). Second, he must commit the criminal act, or ''[[actus reus]]'' (guilty act). Examples of different kinds of crime might include [[murder]], [[assault]], [[fraud]] or [[theft]]. Defences can exist to some crimes, such as killing in [[Self-defense (theory)|self defence]], or pleading [[Insanity defense|insanity]]. A famous case in 19th century England, [[Regina v. Dudley and Stephens|''R v. Dudley and Stephens'']] <ref>''[[Regina v. Dudley and Stephens]]'' ([1884] 14 QBD 273 DC)</ref> involved the defence of "[[necessity]]". The ''Mignotte'', sailing from [[Southampton]] to [[Sydney]], sank. Three crew members, and a cabin boy, were stranded on a raft. They were starving, the cabin boy close to death. So the crew killed and [[cannibalism|ate]] the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. [[John Coleridge, 1st Baron Coleridge|Lord Coleridge]], expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." They were sentenced to [[hanging|hang]]. Yet public opinion, especially among sea farers was outraged and overwhelmingly supportive. In the end, the [[Royal prerogative|Crown]] commuted their sentences to six months.
 
  
Criminal matters are considered to be offences against the whole community, rather than the individual victims. Hence the government takes the lead in prosecution, cases are cited as "The People v. ..." or "R. v. ..." and in many countries, lay [[jury|juries]] determine the guilt of defendants on points of fact (but not the law itself). In some areas, criminal law is moving towards [[strict liability]], so that malicious intent need not be proven. In the case of [[pollution|environmental harm]], or [[corporate manslaughter]] by big business, strict liability can mean company directors can still be criminally responsible for orders carried out by staff. Some developed countries still have [[capital punishment]] and [[torture]] for criminal activity, but the normal punishment for a crime will be [[prison|imprisonment]], fines, or [[community service]]. On the international field most countries have signed up to the [[International Criminal Court]], which was set up to try people for [[crimes against humanity]].
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===Middle Ages=== 
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After the decline of organized prostitution of the Roman empire, many prostitutes were slaves. However, religious campaigns against [[slavery]], and the growing marketization of the economy, turned prostitution back into a [[business]]. Although all forms of sexual activity outside of [[marriage]] were regarded as sinful by the [[Roman Catholic Church]], prostitution was tolerated because it was held to prevent the greater [[evil]]s of [[rape]], [[sodomy]], and [[masturbation]].<ref name=mccall>Andrew McCall, ''The Medieval Underworld'' (Hamish Hamilton, 1979, ISBN 0750937270).</ref> [[Augustine of Hippo]] held that: "If you expel prostitution from society, you will unsettle everything on account of lusts." The general tolerance of prostitution was for the most part reluctant, and many canonists urged prostitutes to reform.
  
===Contract===
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During the [[Middle Ages]] prostitution was commonly found in urban contexts. By the [[High Middle Ages]] it was common to find town governments ruling that prostitutes were not to ply their trade within the [[town wall]]s, but they were tolerated outside, if only because these areas were beyond the [[jurisdiction]] of the authorities. In many areas of France and Germany town governments came to set aside certain streets as areas where prostitution could be tolerated. In London the brothels of [[Southwark]] were even owned by the Bishop of Winchester.<ref name=mccall/> Still later it became common in the major towns and cities of [[Southern Europe]] to establish civic brothels, whilst outlawing any prostitution taking place outside these brothels. In much of [[Northern Europe]] a more [[laissez faire]] attitude tended to be found.<ref>Norman Davies, ''Europe: A History'' (1996, ISBN 0-19-820171-0).</ref> Prostitutes also found a fruitful market in the Crusades.
{{Main|Contract}}
 
[[Image:carbolic_smoke_ball_co.jpg|thumb|left|150px|The Carbolic Smoke Ball offer, which [[bankrupcy|bankrupted]] the Co. because it could not fulfill the terms it advertised]]
 
Contract is based on the Latin phrase ''[[pacta sunt servanda]]'' (promises must be kept)<ref>Wehberg, Hans (Oct., 1959) ''Pacta Sunt Servanda,'' The American Journal of International Law, Vol. 53, No. 4 , p.775; access at [http://links.jstor.org/sici?sici=0002-9300%28195910%2953%3A4%3C775%3APSS%3E2.0.CO%3B2-6&size=SMALL JSTOR]</ref>. Almost everyone makes contracts everyday. Contracts can be made orally (e.g. buying a newspaper in a shop) or in writing (e.g signing a contract of employment). Sometimes [[statute of frauds|formalities]], such as writing the contract down or having it witnessed, are required for the contract to take effect (e.g. when buying a house<ref>e.g. In England, s.52 Law of Property Act 1925</ref>).  
 
  
In common law jurisdictions there are three key elements to the creation of a contract. These are [[offer and acceptance]], [[consideration]] and an intention to create legal relations. For example, in ''[[Carlill v. Carbolic Smoke Ball Company]]''<ref>''[[Carlill v. Carbolic Smoke Ball Company]]'' [1893] 2 QB 256</ref> a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, buyers would get £100. Lots of people sued for their £100 when it did not work. Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was merely an [[invitation to treat]], or mere puff, a gimmick. But the court of appeal held that to a [[reasonable man]] Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said [[Nathaniel Lindley, Baron Lindley|Lord Justice Lindley]], "here is a distinct promise expressed in language which is perfectly unmistakable".
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===Sixteenth century===
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By the very end of the fifteenth century, attitudes hardened against prostitution. With the advent of the [[Protestant Reformation]] numbers of Southern German towns closed their brothels in an attempt to eradicate prostitution. The prevalence of [[Sexually transmitted infection|sexually transmitted disease]] from the earlier sixteenth century may also have influenced attitudes. An outbreak of [[syphilis]] in Naples 1494, which later swept across Europe, and which may have originated from the [[Columbian Exchange]], appears to have been the one of the causes of this change in attitude.
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[[Image:Koceks - Surname-i Vehbi.jpg|thumb|right|250px|[[Köçek]] troupe at a fair. Recruited from the ranks of colonized ethnic groups, köçeks were entertainers and sex workers in the [[Ottoman empire]].]]
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In some periods, prostitutes had to distinguish themselves by particular signs, sometimes wearing very short hair or no hair at all, or wearing [[veil]]s in societies where other women did not wear them. In some cultures, prostitutes were the only women allowed to sing in public or act in theatrical performances.
  
In [[civil law]] jurisdictions, consideration is not necessarily a requirement for a contract.<ref>e.g. In Germany, [http://dejure.org/gesetze/BGB/311.html § 311 Abs. II] [[BGB]]</ref> "Consideration" means all parties to a contract must exchange something of value to be able to enforce it. In France, for instance, an ordinary contract is said to form simply on the basis of a 'meeting of the minds' or a 'concurrence of wills'. Yet in some common law systems, like Australia, the concept of ''culpa in contrahendo'' or estoppel is increasingly used to create obligations during pre-contractual negotiations.<ref>''Austotel v. Franklins'' (1989) 16 NSWLR 582</ref> Germany has a special approach to contracts, which ties into property law. Their 'abstraction principle' (''Abstraktionsprinzip'') means that the personal obligation of contract forms separately to the title of property being conferred. When contracts are invalidated for some reason, e.g. a car buyer was so drunk that he lacked legal capacity to contract,<ref>[http://dejure.org/gesetze/BGB/105.html § 105 Abs. II] [[BGB]]</ref> the contractual obligation to pay can be invalidated separate from proprietary title of the car. [[Unjust enrichment]] law, rather than the law of contract, is then used to restore title to the rightful owner.
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===Eighteenth century to present===
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In the eighteenth century, probably in [[Venice]], prostitutes started using [[condom]]s, made with catgut or cow bowel.
  
===Tort===
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Many of the women who posed in nineteenth and early twentieth century [[vintage erotica]] were prostitutes. The most famous were the [[New Orleans]] women who posed for [[E. J. Bellocq]].
{{Main|Tort}}
 
Tort (also "[[delict]]") means 'civil wrong'. In order to have behaved tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple [[Bolton v. Stone|example]] might be accidentally hitting someone with a cricket ball.<ref>''[[Bolton v. Stone]]'' [1951] A.C. 850</ref> In the law of [[negligence]], the injured party has a claim. Another example might be a neighbour making excessively loud noises with machinery on his property.<ref>''Sturges v. Bridgman'' (1879) 11 Ch D 852</ref> Under a [[nuisance]] claim the noise could be stopped. Torts can also involve intentional acts, such as [[Assault (tort)|assault]], [[Battery (tort)|battery]] or [[trespass]]. Of the better known torts are [[defamation]], for example when a newspaper libels a politician<ref>e.g. concerning a British politician and the Iraq war, ''[[George Galloway|Galloway]] v. Telegraph Group Ltd'' [2004] EWHC 2786</ref> or economic torts, which form the basis of [[labour law]] in some countries by making trade unions liable for strikes,<ref>''[[Taff Vale Railway Co. v. Amalgamated Society of Railway Servants]]'' [1901] AC 426</ref> where statute does not provide immunity<ref>in the U.K., [[Trade Union and Labour Relations (Consolidation) Act 1992]]; c.f. in the U.S., [[National Labor Relations Act]]</ref>.
 
  
Negligence is the most common form of tort. Its principles are illustrated by ''[[Donoghue v. Stevenson]]''<ref>''[[Donoghue v. Stevenson]]'' [1932] AC 532</ref>. Mrs Donoghue ordered an opaque bottle of [[ginger beer]] in a cafe in [[Paisley]]. Having consumed half of it, she poured the remainder into a tumbler. The decomposing remains of a dead [[snail]] floated out. She fell ill and sued the manufacturer for carelessly allowing the drink to be contaminated. The [[House of Lords]] decided that the manufacturer was liable for Mrs Donoghue's illness, because (1) he owed Mrs. Donoghue a [[duty of care]] to provide safe drinks, (2) he [[Breach of duty in English law|breached]] his duty of care, (3) the harm would not have occurred [[causation (law)|but for]] his breach, and (4) his act was the [[proximate cause]], or not too [[remoteness|remote]] a consequence, of her harm.
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In the nineteenth century, legalized prostitution became a public controversy as [[France]] and then the [[United Kingdom]] passed the [[Contagious Diseases Acts]], legislation mandating pelvic examinations for suspected prostitutes. Many early [[feminism|feminists]] fought for their repeal, either on the grounds that prostitution should be illegal and therefore not government regulated or because it forced degrading medical examinations upon women. This legislation applied not only to the United Kingdom and France, but also to their overseas colonies.
  
===Property law===
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Originally, prostitution was widely legal in the [[United States]]. Prostitution was made illegal in almost all states between 1910 and 1915 largely due to the influence of the [[Woman's Christian Temperance Union]] which was influential in the banning of [[Recreational drug use|drug use]] and was also a major force in the [[prohibition]] of [[alcohol]]. In 1917, the legally defined prostitution district [[Storyville]] in New Orleans was closed down by the Federal government over local objections. Prostitution remained legal in [[Alaska]] until 1953 (while not yet a U.S. state), and is still legal in some counties of [[Nevada]].  
{{Main|Property law}}
 
[[Image:South Sea Bubble.jpg|200px|left|thumb|A painting of the [[South Sea Bubble]], one of the world's first ever [[speculation]]s and crashes, led to strict regulation on share trading]]
 
Property law governs everything that people call 'theirs'. [[Real property]], sometimes called 'real estate' or a right ''in rem'' refers to ownership of land and things attached to it.<ref>{{cite web | title=''Hunter v. Canary Wharf Ltd.'' (1997) 2 AllER 426 | url=http://www.publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htm}}</ref> [[Personal property]], or a right ''in personam'' refers to everything else; movable objects, like computers or sandwiches or intangible rights, like [[Share (finance)|company shares]] or a [[copyright]] on a song. The classic civil law approach to property, propounded by [[Friedrich Carl von Savigny]] is that it is a right good against the world. This contrasts to an obligation, like a contract or tort, which is a right good between individuals.<ref>[[Friedrich Carl von Savigny|von Savigny, Friedrich]], ''Das Recht des Besitzes'' (1803) See here [http://dlib-pr.mpier.mpg.de/m/kleioc/0010/exec/books/%22235083%22] for the German text</ref> Preferred in common law jurisdictions is an idea closer to an obligation; that the person who can show the best claim to a piece of property, against any contesting party, is the owner.<ref>Matthews, Paul, ''The Man of Property'' [1995] 3 Med Law Rev 251-274</ref> The idea of [[property]] raises important philosophical and political issues. [[John Locke]] famously argued that our "lives, liberties and estates" are our property because we own our bodies and [[Labour theory of property|mix our labour]] with our surroundings.<ref>[[John Locke|Locke, John]] (1690) ''[[Second Treatise on Civil Government]]'' Ch. 9, s. 123 available [http://www.gutenberg.org/etext/7370 here]</ref> But property is still a contentious concept. French philosopher [[Pierre Proudhon]] most famously proclaimed, "property is theft". <ref>{{cite book |last=Proudhon |first=Pierre |authorlink=Pierre Proudhon |title=[[What is Property?]] or An Inquiry into the Principle of Right and of Government (Qu'est-ce que la propriété? ou Recherche sur le principe du Droit et du Gouvernment)|year=1840 |url=http://www.gutenberg.org/etext/360 }}</ref>
 
  
Land law forms the basis for most kinds of property law, and is the most complex. It concerns [[mortgage]]s, [[leasehold estate|rental agreements]], [[license|licences]], [[covenant|convenants]], [[easements]] and the statutory systems for registration of land. Regulations on the use of personal property fall under [[intellectual property]], [[company (law)|company law]], [[trusts]] and [[commercial law]].
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In [[Asia]], there has been a tradition of forcing the women of an occupied land into prostitution, as was the case with Japanese-occupied China and Korea in [[World War II]]. These specific women were called "Comfort Women."<ref>George Hicks, ''The Comfort Women: Japan's Brutal Regime of Enforced Prostitution in the Second World War'' (W.W. Norton & Company, 1997, ISBN 0393316947).</ref>
  
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Beginning in the late 1980s, many states increased the penalties for prostitution in cases where the prostitute is knowingly [[HIV]]-positive. These laws, often known as felony prostitution laws, require anyone arrested for prostitution to be tested for HIV, and if the test comes back positive, the suspect is then informed that any future [[arrest]] for prostitution will be a [[felony]] instead of a [[misdemeanor]]. Penalties for felony prostitution vary in the states that have such laws, typically with maximum sentences of 10 to 15 years in [[prison]].
  
===Trusts and equity===  
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== Types ==
{{Main|Trust law|Equity}} 
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There are many different types and methods of prostitution, ranging from simply walking on the [[Prostitution#Street|street]] to solicit customers, to the more [[business]]-like agencies and escort services, to use of advances in [[technology]], such as the [[Prostitution#Prostitution and the Internet|Internet]]. Also considered prostitution, albeit for radically different reasons, is [[Prostitution#Religious prostitution|religious prostitution]].
  
The trust is a form of ownership that developed in England through the courts of [[Chancery]]. It is part of a body of law known as 'equity'. Equity used to be administered by the English [[Lord Chancellor]] separately from common law courts. It operates on the basis of certain [[Maxims of equity|principles]] that remedied injustice that the common law created. Whereas at law, there may be only one owner of a piece of property, under a trust, the legal ownership of property is split. So called 'trustees' control the property, whereas the 'beneficial' (or 'equitable') ownership of the trust property is held by people known as 'beneficiaries'. Trusts are used mostly for holding large amounts of money. The most familiar kind of trust is a [[pension]] fund, where banks are trustees for people's savings until their retirement. Company law is [[The South Sea Company|historically based]] on the trust instrument. But trusts can also be set up for charitable purposes, famous examples being the [[British Museum]] or the [[Rockefeller Foundation]]. 
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===Street===
   
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In street prostitution, the prostitute solicits customers while waiting at street corners (sometimes called "the track" by [[pimp]]s and prostitutes alike), usually dressed in skimpy clothing. Street prostitutes are often called "street walkers" while their customers are referred to as "tricks." The sex is performed in the customer's [[car]], in a nearby alley, or in a rented room (motels that service prostitutes commonly rent rooms by the half or full hour).
Trustees owe things called equitable and [[fiduciary duties]] to the beneficiaries who they hold trust property for<ref>c.f. ''Bristol and West Building Society v. Mothew'' [1998] Ch 1</ref>. They must use the trust property for the benefit of the beneficiaries, rather than for themselves<ref>''Keech v. Sandford'' (1726) Sel Cas. Ch.61</ref>. Depending on the particular trust law of the jurisdiction, the nature of the trust property and the terms of the instrument that created the trust, the trustees will usually be expected to invest it or sell it<ref>''Nestle v. National Westminster Bank plc'' [1993] 1 WLR 1260</ref>, allow the beneficiaries to reside in it, or to transfer it to the beneficiaries absolutely.
 
  
===Further disciplines===
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A "lot lizard" is a commonly-encountered special case of street prostitution. Lot lizards mainly serve those in the [[Semi-trailer truck|trucking industry]] at [[truck stop]]s and stopping centers. Prostitutes will often proposition [[trucker]]s using a [[CB radio]] from a vehicle parked in the non-commercial section of a truck stop parking lot, communicating through codes based on commercial driving slang, then join the driver in his truck.
Law spreads far beyond the core subjects, into practically every area of life. Three categories are presented for convenience, though the subjects intertwine and flow into one another. Moreover these subjects may be of even greater ''practical'' importance than the traditional core subjects. The best way to grasp their importance is careful individual study.
 
  
;Law and Society
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===Escort/Out-call===
[[Image:UnisonStrikeRallyOxford20060328 KaihsuTai.jpg|thumb|right|150px|A trade union protest by [[UNISON]] while on strike ]]
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[[Image:Phone box prostitute calling cards 1.jpg|right|thumb|[[Tart card]]s in a British [[telephone booth|phone box]] advertising the services of [[call girl]]s.]]
* '''[[Labour law]]''' is the study of a tripartite industrial relationship, between worker, employer and [[trade union]]. This involves [[collective bargaining]] regulation, and the right to [[strike]]. Individual employment law refers to workplace rights, such as [[Occupational safety and health|health and safety]] or a [[minimum wage]].
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Escort agencies typically [[advertising|advertise]] in regional publications and even [[telephone]] listings. Many maintain websites with photo galleries of the employees. An interested client contacts an agency by telephone and offers a description of what kind of escort they are looking for. The agency will then suggest an employee who might fit that client's need.
* '''[[Human rights]]''' is an important field to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the [[U.N. Charter]], the [[European convention on human rights]] and the [[U.S. Bill of Rights]].
 
* '''[[Civil procedure]]''' and '''[[criminal procedure]]''' concern the rules that courts must follow as a trial and appeals proceed. Both concern everybody's [[right to a fair trial]] or hearing.
 
* '''[[Evidence (law)|Evidence]]''' law involves which materials are admissible in courts for a case to be built.
 
* '''[[Immigration law]]''' and '''[[nationality law]]''' concern the rights of foreigners to live and work in a nation state that is not their own and to acquire or lose citizenship. Both also involve the rights of asylum and the problem of stateless individuals.
 
* '''[[Social security]]''' law refers to the rights people have to social insurance, such as jobseekers allowances or housing benefits.
 
* '''[[Family law]]''' covers marriage and divorce proceedings, the rights of children and of course the rights to property and money in the event of separation.
 
  
;Law and Commerce
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The agency collects the client's contact information and contacts the escort. Usually, to protect the identity of the escort and ensure effective communication with the client, the agency arranges the appointment. Sometimes it may be up to the escort to contact the client directly to make arrangements for location and time of an appointment. If the agency does not supply transportation to and from the client, the escort is also expected to call the agency upon arrival at the location and again upon leaving to assure his or her safe completion of the booking.
[[Image:NYSE-floor.jpg|thumb|right|150px|The [[New York Stock Exchange]] trading floor today]]
 
* '''[[Commercial law]]''' is essentially complicated contract law. It deals with the ''Sale of Goods Acts'' and codified common law of commercial principles.
 
* '''[[Company law]]''' sprung from the law of trusts, on the principle of separating ownership and control.<ref>{{cite book |last=Berle |first=Adolf |authorlink=Adolf Berle |title=Modern Corporation and Private Property |year=1932 }}</ref> The law of the modern [[company (law)|company]] began with the ''Joint Stock Companies Act'', passed in the [[United Kingdom]] in 1865, which protected investors with [[limited liability]] and conferred [[separate legal personality]].
 
* '''[[Intellectual property]]''' deals with [[patent]]s, [[trademark]]s and [[copyright]]s. These are intangible assets, like the right not to have your idea for an invention stolen, a brand name or a song you have written.
 
*'''[[Restitution]]''' deals with the recovery of someone else's gain, rather than [[compensation]] for one's own loss.
 
* '''[[Unjust enrichment]]''' is law covering a right to retrieve property from someone that has profited unjustly at another's expense.
 
  
;Law and Regulation
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The purpose of these arrangements is to attempt to protect the escort agency (to some degree) from prosecution for breaking the [[law]]. If the employee is solely responsible for arranging any illegal aspects of their professional encounter the agency could try to maintain [[plausible deniability]] should an [[arrest]] be made. However, in practice, the use of undercover [[police]] evidence or the use of links to reviews of the agency's escorts usually results in failure to protect the agency.  
[[Image:1930-67B.gif|thumb|right|150px|The [[New York Stock Exchange]] trading floor after the [[Wall Street Crash 1929]], before tougher [[banking regulation]] was introduced]]
 
* '''[[Tax law]]''' is probably the most complicated and well paid discipline, involving Value Added Tax, Corporation Tax, Income Tax, and most importantly, lots of money.
 
* '''[[Bank regulation|Banking law]]''' and [[financial regulation]] set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the [[Wall Street Crash]].
 
* '''[[Public Services|Regulated industries]]''' are attached to an important body of law for the provision  of public services. Since [[privatization]] became popular, private companies doing the jobs previously controlled by government have been bound by social responsibilities. Utilities, Telecomms and Water are regulated industries in most [[OECD]] countries.
 
* '''[[Antitrust|Competition law]]''', in the U.S. known as antitrust law, is an evolving and relatively new kind of law that began in the late 19th Century with the [[restraint of trade]] doctrine. The U.S. adopted anti-cartel and anti-monopoly statutes around the turn of that century. See the [[Sherman Act]] and [[Clayton Act]].
 
* '''[[Consumer Protection|Consumer Law]]''' could include anything from regulations on unfair contract terms and conditions, or directives on airline baggage insurance.
 
* '''[[Environmental law]]''' is increasingly important, especially in light of the [[Kyoto Protocol]] and the imminent danger of [[climate change]]. Environmental protection also serves to [[Captin Planet|penalise polluters]] within countries.
 
  
==Legal systems==
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Whilst the vast majority of escort agencies are sex related, there are some non-sexual escort agencies, where escorts provide companionship for business and social occasions.
[[Image:Milkau Oberer Teil der Stele mit dem Text von Hammurapis Gesetzescode 369-2.jpg|thumb|left|150px|The King [[Hammurabi]] is revealed the [[Code of Hammurabi|code of laws]] by God]]
 
{{see also|Legal systems of the world}}
 
In general, legal systems around the world can be split between [[civil law (legal system)]] jurisdictions on the one hand and on the other systems using [[common law]] and equity. This is largely the result of countries having a shared history. The term civil law, referring to a legal system, should not be confused with [[civil law (common law)|civil law]] as distinguished from criminal law, or as distinguished from [[public law]]. A third type legal system still accepted by some countries, even whole countries, is religious law, based on Biblical transcripts.
 
  
===Civil law===
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===Sex tourism===
{{main|Civil law (legal system)}}
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[[Sex tourism]] is traveling for the purpose of [[sexual intercourse]] with prostitutes or to engage in other sexual activity. The [[World Tourism Organization]], a specialized agency of the [[United Nations]], defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination."<ref name ="WTO">U.N. World Tourism Organization, ''[http://www.world-tourism.org/protect_children/statements/wto_a.htm Statement on the Prevention of Organized Sex Tourism,]'' United Nations. Retrieved August 10, 2007</ref>
Civil law, as a type of legal system, is the form of law used by most countries around the world today. Civil law systems mainly derive from the [[Roman Empire]], and more particularly, the ''[[Corpus Juris Civilis]]'' issued by the Emperor [[Justinian]] ca. 529C.E. This was an extensive reform of the law in the Eastern Empire, bringing it together into [[codification|codified]] documents. Civil law today, in theory, is interpreted rather than developed or made by judges. Only [[legislature|legislative]] enactments (rather than [[judiciary|judicial]] [[precedent|precedents]]) are considered legally binding. However, in reality courts do pay attention to previous decisions, especially from higher courts. Countries that have civil law systems include [[Law of France|France]], [[Law of Germany|Germany]], [[Law of Russia|Russia]], [[Law of Japan|Japan]], [[Law of the People's Republic of China|China]] and most of central and Latin America.
 
  
===Common law and equity===
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Often the term "sex tourism" is mistakenly interchanged with the term "child sex tourism." A tourist who has sex with a [[Prostitution#Prostitution of children|child prostitute]] possibly commits a [[crime]] against [[international law]], in addition to the host country, and the tourist's country of citizenship. The term "child" is often used as defined by international law and refers to any person below the [[age of consent]].
{{main|Common law}}
 
[[Image:King John of England signs the Magna Carta - Illustration from Cassell's History of England - Century Edition - published circa 1902.jpg|thumb|right|150px|King John of England signs the Magna Carta]]
 
English Law is the father of common law and equity, and is used in Commonwealth countries or former countries from the [[British Empire]], with the exception of Malta and Scotland both of which have an ingrained Civil Law system. The doctrine of ''[[stare decisis]]'' or precedent by courts is the major innovation and difference to codified civil law systems. Common law is currently in practice in [[Law of the Republic of Ireland|Ireland]], [[Law of the United Kingdom|United Kingdom]], [[Law of Australia|Australia]], [[Law of India|India]], [[Law of South Africa|South Africa]], [[Law of Canada|Canada]] (excluding Quebec), and the [[Law of the United States|United States]] (excluding Louisiana) and many more places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, [[Pakistan]], [[India]] and [[Nigeria]] operate largely on a common law system, but incorporate religious law. In the [[European Union]] the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the [[Magna Carta]]<ref>{{cite web|title=Magna Carta|url=http://www.fordham.edu/halsall/source/magnacarta.html|accessdate=2006-11-10}}</ref> which placed limits on the power of the English Kings. It served as a kind of mediaeval bill of rights for the aristocracy and the judiciary who developed the law.
 
  
===Religious law===
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Popular sex tourism destinations are [[Brazil]], the [[Caribbean]], [[Thailand]], and former [[eastern bloc]] countries.
{{main|Religious law}}
 
[[Image:Aleppo codex.jpg|thumb|150px|left|Aleppo Codex: 10th century Hebrew Bible with Masoretic pointing]]
 
The main kinds of religious law are [[Halakha]] in [[Judaism]], [[Sharia]] in [[Islam]], and [[Canon law]] in some [[Christian]] groups. In some cases these are intended purely as individual [[moral]] guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The Halakha is followed by [[Orthodox Judaism|orthodox]] and [[Conservative Judaism|conservative]] Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. Sharia Law governs a number of Islamic countries, including [[Saudi Arabia]] and [[Iran]], though most countries use Sharia Law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law. Canon law survives in use by the [[Roman Catholic Church]], the [[Eastern Orthodox Church]] and the [[Anglican Communion]].
 
  
===Jurisdictions===
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===Prostitution and the Internet===
Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their [[geography]]. Click the "show" buttons on the right for the lists of countries.
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In modern times, prostitutes have come to use the Internet to find customers.<ref name="siegal">Larry J. Siegal, ''Criminology: The Core Second Edition'' (Thompson, 2005).</ref> A prostitute may use adult boards or create a website of their own with contact details, such as email addresses.
  
{{Africa_in_topic|Law of}}
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===Religious prostitution===
{{North America in topic|Law of}}
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Religious or sacred prostitution is the practice of having [[sexual intercourse]] (with a person other than one's spouse) for a religious purpose. A woman engaged in such practices is sometimes called a '''temple prostitute''' or [[hierodule]], although modern connotations of the term prostitute cause interpretations of these phrases to be highly misleading.
{{South America in topic|Law of}}
 
{{Asia in topic|Law of}}
 
{{Europe in topic|Law of}}
 
{{Oceania in topic|Law of}}
 
  
==Legal theory==
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Sacred prostitution was revered highly among [[Sumerian]]s and [[Babylon]]ians. In ancient sources ([[Herodotus]], [[Thucydides]]) there are many traces of ''[[hieros gamos]]'' (holy wedding), starting perhaps with Babylon. A similar type of prostitution was practiced in [[Cyprus]] (Paphos) and in [[Corinth, Greece]], where the [[temple]] counted more than a thousand prostitutes ''(hierodules)'', according to [[Strabo]].  
===History of law===
 
{{Main|Legal history}}
 
The history of law is, in a broad sense, the history of human [[civilization]]. Almost every legal system is interconnected in some way, each body of law being influenced by outside forces and jurisdictions over time.
 
  
;Ancient law
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[[Bernal Diaz del Castillo]] (sixteenth century), in his ''The Conquest of New Spain'', reported that the [[Mexica]] peoples regularly practiced pederastic relationships, and male adolescent sacred prostitutes would congregate in temples. The [[conquistadores]], like most Europeans of the sixteenth century, were horrified by the widespread acceptance of sex between men and youths in [[Aztec]] society, and used it as one justification for the [[Local extinction|extirpation]] of native society, religion, and culture, and the taking of the lands and wealth; of all customs of the [[Nahuatl]]-speaking peoples, only [[human sacrifice]] produced a greater disapproval amongst the [[Spaniards]] in [[Mexico]]. The custom died out with the collapse of the Aztec civilization.
[[Image:Ac.pnyx.jpg|thumb|right|150px|Ancient Athens had the first quasi-democratic constitution]]
 
* Ancient Egyptian law had a civil code, based on the concept of [[Ma'at]]. Tradition, rhetorical speech, social equality and impartiality were key principles.<ref>VerSteeg, Russ (2002) ''Law in Ancient Egypt'' ISBN 0-89089-978-9</ref> Judges kept records, which were used as precedent, although the systems developed slowly.
 
* In ancient [[Babylon]], the King Hammurabi made the innovation of publishing his code of laws for the public to see in the market. This became known as the [[Codex Hammurabi]], part of a vast and complex body of [[babylonian law]]
 
* The [[Noahide Laws]] listed in the [[Torah]] were moral imperatives for forming a foundation for a well-functioning unified society. They were eventually succeeded by the [[Torah]], [[Mishna]], [[Talmud]] and [[Responsa]].
 
* In [[Ancient Athens]], the small Greek city-state developed the first government based on broad inclusion of the citizenry, excluding women and the slave class. [[Ancient Greek law|Ancient greek law]] contained major [[Constitution of the Athenians|constitutional]] innovations in the development of [[democracy]].
 
  
;European law
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''Devadasis'' ("Servant of God") are cult prostitutes in the service of the [[Yellamma]], the [[Hindu]] goddess of [[fertility]].<ref name="BBC">BBC, [http://news.bbc.co.uk/2/hi/south_asia/6729927.stm Slaves to the goddess of fertility.] Retrieved December 19, 2008.</ref> The term "Devadasi" originally described a Hindu religious practice in which girls were "married" to a deity. In addition to taking care of the temple, they learned and practiced [[Bharatanatyam]] and other classical Indian arts traditions, and enjoyed a high [[social status]]. Following the demise of the great Hindu kingdoms the practice degenerated. Pressure from the colonial "reform" movement led to suppression of the practice. Adherents of this movement considered devadasis immoral since they engaged in sex outside of the Christian concept of [[marriage]], and described them as prostitutes. As a result of these social changes, devadasis were left without their traditional means of support and patronage.<ref>Leslie C. Orre, [http://www.history.ac.uk/reviews/paper/daudAli.html Donors, Devotees, and Daughters of God: Temple Women in Medieval Tamil Nadu.] Retrieved August 31, 2007.</ref>
[[Image:Code Civil 1804.png|thumb|left|150px|First page of the 1804 edition of the Napoleonic Code]]
 
[[Roman law]] underwent major codification in the [[Corpus Juris Civilis]] of Emperor [[Justinian I|Justinian]], as later developed through the [[Middle Ages]] by mediæval legal scholars. In Mediaeval England, judges retained greater power than their continental counterparts and began to develop a body of precedent. Originally civil law was one common legal system in much of [[Europe]], but with the rise of [[nationalism]] in the [[17th century]] [[Nordic]] countries and around the time of the [[French Revolution]], it became fractured into separate national systems. This change was brought about by the development of separate national codes, of which the French [[Napoleonic Code]] and the [[Bürgerliches Gesetzbuch|German]] and [[ZGB|Swiss code]]s were the most influential. Around this time civil law incorporated many ideas associated with the [[Enlightenment]]. The European Union's Law is based on a codified set of laws, laid down in the [[European Union Law|Treaties]]. Law in the EU is however mixed with precedent in case law of the [[European Court of Justice]].
 
  
;Asian law
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In modern India the tradition has become associated with commercial sexual exploitation, particularly of children, as described in a recent report by the National Human Rights Commission of the Government of India.<ref name=govindia>P.M. Nair, [http://nhrc.nic.in/Documents/ReportonTrafficking.pdf A Report on Trafficking in Women and Children in India 2002-2003,] National Human Rights Commission, Government of India, July 18, 2004. Retrieved August 31, 2007.</ref> According to this report, "after initiation as devadasis, women migrate either to nearby towns or other far-off cities to practice prostitution" (p. 200). The practice of dedicating devadasis was declared illegal by the Government of Karnataka in 1982.<ref name=karnataka>Government of Karnataka, [http://www.karnataka.gov.in/dpal/pdf_files/DEVADASIS%20(prohibition%20of%20dedication)%20Act,%201982-new-29.pdf  Devadasis (Prohibition of Dedication) Act, 1982.] Retrieved August 31, 2007. </ref> and the Government of Andhra Pradesh in 1988. However the practice is still prevalent in around 10 districts of north Karnataka and 14 districts in Andhra Pradesh.<ref name=thehindu>Hindu.com, [http://www.hindu.com/2006/01/30/stories/2006013020130300.htm `Project Combat' launched to eradicate `Devadasi' system.] Retrieved August 31, 2007.</ref><ref>Fighting Slavery Today, [http://anti-slaverysociety.addr.com/hieroras.htm Hierodulic Servitude in India and Nepal.] Retrieved August 8, 2007.</ref>
[[Image:Constitution of India.jpg|thumb|right|150px|The [[preamble]] of the '''Constitution of India''']]
 
[[History of China|Ancient China]] and [[History of India|ancient India]] had historically independent schools of legal theory and practice such as the ''[[Manusmriti|Laws of Manu]]'' or the ''[[Arthashastra]]'' in India and [[traditional Chinese law]] in China. Because Germany was a rising power in the late [[19th century]], and because civil law codifications are more 'exportable' the large bodies of common law jurisprudence, the German Civil Code has been highly influential for most oriental legal systems, and forms the basis of civil law in [[Japan]] and [[South Korea]]. In [[China]], the German Civil Code was introduced in the later years of the [[Qing Dynasty]] and formed the basis of the law of the [[Republic of China]] which remains in force in [[Taiwan]]. The current legal infrastructure in the [[People's Republic of China]] reflects influences from the German-based civil law, English-based common law in Hong Kong, Soviet-influenced [[Socialist law]], United States-style banking and securities law, and [[traditional Chinese law]]. In India, and other previous members of the [[Commonwealth of Nations|Commonwealth]], English common law forms the basis of private law.
 
  
===Philosophy of law===
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In the 1970s and early 1980s, some religious [[cult]]s were discovered practicing sacred prostitution as an instrument to recruit new converts. Among them was the alleged cult [[Children of God|Children of God/The Family]] who called this practice "flirty fishing."<ref>Miriam Williams, ''Heaven's Harlots'' (New York, NY: William Morrow/ Harper Collins, 1998, ISBN 978-0688170127).</ref>
{{main|Jurisprudence}}
 
[[Image:Bentham.jpg|thumb|100px|left|Bentham's utilitarian theories remained dominant in law till the twentieth century]]
 
The philosophy of law is known as jurisprudence. Normative jurisprudence is essentially [[political philosophy]] and asks "what should law be?". Analytic jurisprudence asks on the other hand, "what is law?". An early famous philosopher of law was [[John Austin (legal philosopher)|John Austin]], a student of [[Jeremy Bentham]] and first chair of law at the new [[University of London]] from 1829. Austin's [[utilitarianism|utilitarian]] answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience".<ref name="jap"/> This approach was long accepted, especially as an alternative to [[natural law]] theory. Natural lawyers argue human law reflects essentially moral and unchangeable laws of nature. For instance, [[Immanuel Kant]] believed a moral imperative requires laws "be chosen as though they should hold as universal [[law of nature|laws of nature]]".<ref>[[Immanuel Kant|Kant, Immanuel]], ''Foundations of the Metaphysics of Morals'' in Lewis White Beck, ''Königliche Preussische Akademie der Wissenschaften'' Berlin, 1902-1938</ref> Austin and Bentham, following [[David Hume]] thought this conflated what [[Is-ought problem|"is" and what "ought to be"]] the case. They believed in law's [[legal positivism|positivism]], that real law is entirely separate from "morality".
 
  
In 1934, an Austrian philosopher named Hans Kelsen continued the positivist tradition in his book the ''[[Pure Theory of Law]]''.<ref>{{cite book |last=Kelsen |first=Hans |authorlink=Hans Kelsen |title=[[Pure Theory of Law]] |year=1934 }}</ref> Kelsen believed that though law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. Whilst laws are positive "is" statements (e.g. the fine for reversing on a highway ''is'' $500), law tells us what we "should" do (i.e. not drive backwards). So every legal system can be hypothesised to have a basic norm (''[[Grundnorm]]'') telling us we should obey the law.
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==Current issues involving prostitution==
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===Legality===
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[[Image:Bmc_perrache.JPG|thumb|right|250 px|Prostitutes working in their vans in [[Lyon]], [[France]]. This form of prostitution is often referred to as "Bordels Mobiles de Campagne" (MBC).]]
  
Later in the twentieth century [[H.L.A. Hart]] attacked Austin for his simplifications and Kelsen for his fictions in ''[[The Concept of Law]]''<ref name="hhc"/>. As the chair of jurisprudence at [[Oxford University]], Hart argued law is a "system of rules". Rules, said Hart, are divided into primary rules (rules of conduct) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students have continued the debate since. [[Ronald Dworkin]] was his successor in the Chair of Jurisprudence at Oxford and his greatest critic. In his book ''Law's Empire''<ref name="rdl"/> Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "[[interpretivism|interpretive]] concept", that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. [[Joseph Raz]] on the other hand has defended the positivist outlook and even criticised Hart's 'soft social thesis' approach in ''The Authority of Law''<ref name="jra"/>. Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Any categorisation of rules beyond their role as authoritative dispute mediation is best left to sociology, rather than jurisprudence.<ref>ch. 2, Joseph Raz, ''The Authority of Law'' (1979) Oxford University Press</ref>
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At one end of the legal spectrum, prostitution carries the [[capital punishment|death penalty]] in some [[Muslim]] countries;<ref>Hartford Web Publishing, [http://www.hartford-hwp.com/archives/33/158.html Prostitutes sentenced to death.] Retrieved August 10, 2007.</ref> at the other end, prostitutes are tax-paying [[trade union|unionized]] professionals in the [[Netherlands]] and brothels are legal and advertising businesses there (however, prostitutes must be at least 18 and the [[age of consent]] is 16 in other contexts). The legal situation in [[Germany]], [[Switzerland]], and [[New Zealand]] is similar to that in the Netherlands. In the [[Australia]]n state of [[New South Wales]], any person over the age of 18 may offer to provide sexual services in return for money. In [[Victoria (Australia)|Victoria]], a person who wishes to run a prostitution business must have a license. Prostitutes working for themselves in their own business, as prostitutes in the business, must be registered. Individual sex workers are not required to be registered or licensed. In some countries the legal status of prostitution may vary depending on the activity.
{{seealso|Political philosophy}}
 
  
===Economic analysis of law===
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In [[Thailand]], prostitution is illegal as stated in the Prevention and Suppression Act, B.E. 2539 (1996)<ref>Ilio.org, [http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46403/65063/E96THA01.htm PREVENTION AND SUPPRESSION OF PROSTITUTION ACT B.E. 2539 (1996).] Retrieved April 26, 2007.</ref> In all but two U.S. states, the buying and selling of sexual services is illegal and usually classified as a [[misdemeanor]]. Regulated brothels are legal in several counties of [[Nevada]]. In [[Rhode Island]], the act of sex for money is not illegal, but street solicitation and operating a brothel are.  
{{Main|Economic analysis of law}}
 
Economic analysis of law is an approach to legal theory that incorporates and applies the methods and ideas of [[economics]] to law. The discipline arose partly out of a critique of trade unions and U.S. [[Antitrust]] law. Today's proponents, such as [[Richard Posner]] from the so called [[Chicago School (economics)|Chicago School]] of economists and lawyers, are generally advocates of deregulation, privatization, and are hostile to state regulation, or what they see as restrictions on the operation of [[free market]]s.
 
  
The most decorated economic analyst of law is 1991 Nobel Prize winner [[Ronald Coase]]. His first major article, ''[[The Nature of the Firm]]'' (1937),<ref>[[Ronald H. Coase|Coase, Ronald]], ''[[The Nature of the Firm]]'' (1937) Economica, New Series, Vol. 4, No. 16 (Nov., 1937), pp. 386-405</ref> argued that the reason for the existence of firms ([[company law|companies]], partnerships, etc) is the existence of [[transaction costs]]. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost effective. His second major article, ''The Problem of Social Cost'' (1960)<ref>[[Ronald H. Coase|Coase, Ronald]], [http://www.sfu.ca/~allen/CoaseJLE1960.pdf ''The Problem of Social Cost''], J. Law & Econ. 3, p. 1 (1960)</ref> argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a [[nuisance]] case named ''Sturges v. Bridgman'',<ref>''Sturges v. Bridgman'' (1879) 11 Ch D 852</ref> where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only, the existence of transaction costs may prevent this. So the law ought to pre-empt what ''would'' happen, and be guided by the most [[Efficiency (economics)|efficient]] solution. The idea is that law, and regulation, is not as important or effective at helping people as lawyers, and government planners, believe.
+
In [[Turkey]], street prostitution is illegal though prostitution through government regulated brothels is legal. All brothels must have a license, and all sex workers working in brothels must be licensed as well. Municipality based "Commissions for the struggle against venereal diseases and prostitution" are in charge of issuing such licenses. In [[Canada]], prostitution itself is legal, but most other activities around it are not. It is illegal to live "off the avails" of prostitution (this law is intended to outlaw pimping) and it is illegal (for both parties) to negotiate a sex-for-money deal in a public place (which includes bars). To maintain a veneer of legality, escort agencies arrange a meeting between the escort and the client. A Canadian Supreme Court ruling in 1978 required that to be convicted of soliciting, a prostitute's activities must be "pressing and persistent." Similarly, in [[Bulgaria]] prostitution itself is legal, but most activities around it (such as pimping) are outlawed. In [[Brazil]] and [[Costa Rica]] prostitution ''per se'' is legal, but taking advantage or profit from others' prostitution is illegal. Prostitution is legal for citizens in [[Denmark]], but it is illegal to profit from prostitution. Prostitution is not regulated as in the Netherlands; instead, the government attempts through social services to bring people out of prostitution into other careers, and attempts to lessen the amount of criminal activity and other negative effects of prostitution.
  
==Legal institutions==
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[[Image:Anti-ProstitutionSign.jpg|thumb|250px|1941 Las Vegas hotel sign.]]
The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organisation, the profession of lawyers and civil society itself. [[John Locke]] in ''Two Treatises On Civil Government'' <ref>[[John Locke|Locke, John]] (1690) ''[[Second Treatise on Civil Government]]'' available [http://www.gutenberg.org/etext/7370 here]</ref> and [[Charles de Secondat, Baron de Montesquieu|Baron de Montesquieu]] after him in ''Spirit of Laws'' <ref>{{cite book|last=de Montesquieu|first=Baron|authorlink=Charles de Secondat, Baron de Montesquieu |title=De l'esprit des lois|year=1748|url=http://www.constitution.org/cm/sol.htm}}</ref> advocated a [[separation of powers]] between the institutions that wield political influence, namely the [[judiciary]], [[legislature]] and [[executive (government)|executive]]. Their principle was that no person should be able to usurp, as [[Thomas Hobbes]] wanted for an all powerful sovereign, a ''Leviathan'' of power. [[Karl Marx]] and [[Max Weber]] have been pivotal in shaping thinking in the twentieth century about the extensions of the state, which come under the control of the executive. [[Military]], [[policing]] and [[bureaucracy|bureaucratic]] power over ordinary citizens' daily lives pose special problems for accountability that earlier writers like Locke and Montesquieu could not have foreseen. The custom and practice of the [[legal profession]] itself is an important part of people's access to justice, whilst [[civil society]] is a term used to refer the social institutions, communities and partnerships that are the political base of the law.
 
{{seealso|Sociology of law}}
 
  
===Judiciary===
+
Rules vary as to which roles in prostitution are illegal: Being a prostitute, being a client, or being a pimp. In [[Sweden]] it is legal to sell sex, but it is illegal to be a pimp, and since 1999 also to buy sexual services. The reason for this law is to protect prostitutes, as many of them have been forced into prostitution by someone or by economic necessity. Prostitutes are generally viewed by the government as oppressed, while their clients are viewed as oppressors. In the case of a prostitute under 18 in the Netherlands, being the client or pimp is illegal, but being the prostitute is not, except if the client is also underage (under 16). Generally, though, in most countries with criminalized prostitution, prostitutes are arrested and prosecuted at a far higher rate than their clients.
{{Main|Judiciary}}
 
[[Image:Old Bailey Microcosm edited.jpg|thumb|right|A trial at the [[Old Bailey]] in [[London]] as drawn by Thomas Rowlandson and Augustus Pugin (1808-11).]]
 
Most countries have a system of appeals courts, up to a supreme authority. In the U.S. this would be the [[Supreme Court of the United States|Supreme Court]]<ref>{{cite web|title=U.S. Supreme Court|url=http://www.supremecourtus.gov/|accessdate=2006-11-10}}</ref>, in Australia the [[High Court of Australia|High Court]]. In the U.K. the highest court is the [[House of Lords]]<ref>{{cite web|title=House of Lords Judgments|url=http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm|accessdate=2006-11-10}}</ref>, but on questions of European Community Law or Human Rights Law, the [[European Court of Justice]]<ref>{{cite web|title=European Court of Justice|url=http://curia.europa.eu/en/transitpage.htm|accessdate=2006-11-10}}</ref> in Luxembourg and the [[European Court of Human Rights]] in Strasbourg are the E.U. authorities. Also in the E.U. is the German [[Bundesverfassungsgericht]]<ref>{{cite web|title=The German Federal Constitutional Court|url=http://www.bundesverfassungsgericht.de/entscheidungen.html|accessdate=2006-11-10}}</ref> and the French [[Cour de cassation (France)|Cour de Cassation]]. Some courts are bound by constitutions and may interpret them, whilst the UK continues to assert the ideal of [[parliamentary sovereignty]], whereby the elected legislature holds power.
 
  
===Legislature===
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There has been long and widespread debate as to whether the toleration of prostitution similar to that seen in the Netherlands and Germany should be extended. Local [[police]] forces have historically alternated between zero tolerance of prostitution and unofficial red light districts. Such approaches are often, but not always taken with the stance that prostitution is impossible to eliminate and thus these societies have chosen to regulate it in ways that reduce the more undesirable consequences. Goals of such regulations include controlling [[sexually transmitted disease]], reducing [[sexual slavery]], controlling where brothels may operate and dissociating prostitution from crime syndicates. The Dutch legalization of prostitution has similar objectives, as well as improving health and working conditions for the women and weakening the link between prostitution and criminality.
{{Main|Legislature}}
 
[[Image:Palace-of-westminster-at-dawn.JPG|thumb|left|The [[Palace of Westminster|British Houses of Parliament]]]]
 
The [[Palace of Westminster]] in London, the [[United States Congress|Congress]] in Washington D.C., the [[Bundestag]] in Berlin, the [[Duma]] in Moscow, and so on, are examples of legislatures. The principle of representative government means that people vote for political decision makers to carry out their wishes. Most Parliaments are bi-cameral, so that in a 'lower house' the politicians may return from elected constituencies, and in the 'upper house' they may be elected through [[proportional representation]] (as in Australia), Crown appointment (as in the UK), or state elections (as in the U.S.). Parliaments are the legislative authorities in most countries. To enact legislation a majority of Members of Parliament must vote for a bill, unless a country has an entrenched constitution, requiring some special majority for constitutional amendments. A government usually leads the process, formed either from Members of Parliament (as in the U.K. or Germany), or elected to executive office separately and appointing a cabinet that is unelected (as in the U.S.).
 
  
 +
In 1949, the [[UN General Assembly]] adopted [[Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others|a convention]] stating that forced prostitution is incompatible with human dignity, requiring all signing parties to punish pimps and brothel owners and operators and to abolish all special treatment or registration of prostitutes. The convention was ratified by 89 countries but [[Germany]], the [[Netherlands]] and the [[United States]] did not participate.
  
===Executive===
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===Prostitution of children===
{{Main|Executive (government)|Head of State}}
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Regarding the prostitution of children, the [[law]]s on prostitution as well as those on sex with a child apply. If prostitution in general is legal there is usually a minimum age requirement for legal prostitution that is higher than the general [[age of consent]]. Although some countries do not single out patronage of child prostitution as a separate crime, the act may also be punishable as sex with a minor.
In most democratic countries, like the UK, Germany, India and Japan, the executive is elected into and drawn from the legislature and is known as a [[cabinet]]. Alongside there is usually a hereditary, or an appointed head of state, such as the [[Queen of the United Kingdom]], or the [[President of Germany|Bundespräsident]] which carries out the symbolic function of enacting legislation, but has no formal political power. The other important model is found in countries like France, the U.S. and Russia. Here the executive, is directly elected by a popular vote, and may appoint a cabinet that is not directly elected.
 
  
===Military and police===
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Some [[pedophilia|pedophiles]] use sex tourism to have access to sex with children that is unavailable in their home country. [[Cambodia]] has become a notorious destination for such pedophiles.<ref>Childsafe Cambodia, About Child Prostitution.</ref> Several western countries have recently enacted laws with extraterritorial reach punishing citizens who engage in sex with minors in other countries. However, these laws are rarely enforced since the crime usually goes undiscovered.<ref>BBC, [http://news.bbc.co.uk/1/hi/world/asia-pacific/1775221.stm Teenage prostitution case shocks China.] Retrieved April 26, 2007.</ref>
{{Main|Military|Police}}
 
[[Image:US Customs and Border Protection officers.jpg|thumb|left|[[U.S. Customs and Border Protection]] officers]]
 
The military and police are sometimes referred to as "the long arms of the law". Whilst military organisation has existed as long as have governments, a standing police force is a relatively modern invention. Mediaeval England, for instance, used a system of travelling criminal courts, or [[assizes]] to keep communities under control. The first modern police were probably those in 17th century Paris, in the court of [[Louis XIV]], although the Paris Prefecture of Police's website claims were the first uniformed policemen in the world<ref>{{cite web|title=La Préfecture de Police|url=http://www.prefecture-police-paris.interieur.gouv.fr/documentation/bicentenaire/theme_expo4.htm
 
|accessdate = 2007-01-24}}</ref>. In 1829, after the [[French Revolution]] and [[Napoleon]]'s dictatorship,  a government decree created the first uniformed policemen in Paris and all French cities, known as ''sergents de ville'' ("city sergeants"). In Britain, the [[Metropolitan Police Act]] 1829 was passed by Parliament under [[home secretary]] Sir [[Robert Peel]], founding the London [[Metropolitan Police Service|Metropolitan Police]].
 
  
Sociologist [[Max Weber]] famously argued that the state is that which controls the legitimate monopoly of the means of violence.<ref name="mwp">{{citebook|last=Weber|first=Max|authorlink=Max Weber|title=Politik als Beruf|year=1919|url=http://en.wikisource.org/wiki/Politics_as_a_Vocation}}</ref> Military and police personnel carry out enforcement activities at the request of the government or the courts. The term [[failed state]] is used where the police and military no longer uphold security and order and society descends into [[civil war]], [[anarchy]] or chaos.
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===Illegal immigration===
 +
A difficulty in many developed countries is the situation where persons immigrate illegally and work as prostitutes. These people face [[deportation]], and so do not have recourse to the law. Hence there are brothels that may not adhere to the usual legal standards intended to safeguard [[public health]] and the [[safety]] of the workers.
  
===Bureaucracy===
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===Violence against prostitutes===
{{Main|Bureaucracy}}
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Prostitutes are at risk of [[violent crime]], as well as possibly at higher risk of occupational mortality than any other group of women ever studied.<ref>Justice Women, [http://www.justicewomen.com/letters_prostitution.html Letters to Authorities.] Retrieved April 26, 2007.</ref> For example, the [[homicide]] rate for female prostitutes was estimated to be 204 per 100,000,<ref>J.J. Potterat, [http://aje.oxfordjournals.org/cgi/content/full/159/8/778 Mortality in a long-term open cohort of prostitute women.] Retrieved August 31, 2007.</ref> which is several times higher than that for the next riskiest occupations in the United States during a similar period (4 per 100,000 for female liquor store workers and 29 per 100,000 for male taxicab drivers).<ref>D.N. Castillo and E.L. Jenkins, "Industries and occupations at high risk for work-related homicide," ''Journal of Occupational Medicine'' 36 (1994): 125–32.</ref> However, there are substantial differences in rates of victimization between street prostitutes and indoor prostitutes working as escorts, call girls, or in brothels and massage parlors.<ref>Ronald Weitzer (ed.), ''Sex For Sale: Prostitution, Pornography, and the Sex Industry'' (2000).</ref><ref>Ronald Weitzer, "New Directions in Research on Prostitution," ''Crime, Law, and Social Change'' 43 (4-5).</ref> Perpetrators include violent clients, pimps, and corrupt [[law enforcement]] officers.
The word "bureaucracy" derives from the French for "office" (''bureau'') and Ancient Greek for "power" (''kratos''). It refers to all government servants and bodies who carry out the wishes of the executive. The concept dates from 18th century France. [[Friedrich Melchior, baron von Grimm|Baron de Grimm]], a German author who lived in France, wrote in 1765,
 
  
<blockquote>"The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and ''intendants'' are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist."<ref>[[Friedrich Melchior, Baron von Grimm|Melchior, Friedrich]] and [[Denis Diderot|Diderot, Denis]] (1813 Ed.) ''Correspondence littéraire, philosophique et critique, 1753-69'' Vol. 4, p. 146 & 508 - cited by Albrow, Martin (1970) ''Bureaucracy'' p. 16</ref></blockquote>
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Prostitutes (particularly those engaging in [[Prostitution#Street|street prostitution]]) are also sometimes the targets of [[serial killer]]s, who may consider them easy targets, or use the religious and social stigma associated with prostitutes as justification for their murder. Being criminals in most jurisdictions, prostitutes are less likely than the law-abiding to be looked for by police if they disappear, making them favored targets of predators. The unidentified serial killer known as [[Jack the Ripper]] is said to have killed at least five prostitutes in [[London]] in 1888.  
  
Cynicism over "officialdom" is still common, and the workings of public servants is often contrasted to [[private enterprise]] driven by the profit motive.<ref>{{cite book |last=von Mises |first=Ludwig | authorlink=Ludwig von Mises |title=Bureaucracy | origyear=1944 |url=http://www.mises.org/etexts/bureaucracy.pdf |accessdate=2006-11-10 | year=1962 }}</ref> Writing in the early 20th century, [[Max Weber]] believed that a definitive feature of a developed state had come to be its bureaucratic support<ref name="mwp"/>. The stereotypical bureaucracy involves armies of white collared workers controlling and producing information, bound in 'red tape'. However state agencies also play a positive role, in redistributing resources at the wish of the elected representatives, which is collected from taxation, or organising crucial [[public services]] such as schooling, health care, policing or public transport.
+
===Human trafficking and sexual slavery=== 
 +
[[Human trafficking|Trafficking]] in sex workers is a disturbing, yet popular trend. The men who will pay to have sex with foreign women and underage girls create the market which the traffickers supply. Due to the illegal and underground nature of sex trafficking, the exact numbers of women and children forced into prostitution is unknown. The International Labour Organization in 2005 estimated at least 2.4 million people have been trafficked.<ref>Antislavery.org, [http://www.antislavery.org/homepage/antislavery/trafficking.htm Trafficking.] Retrieved August 10, 2007.</ref>
 +
 
 +
Thousands of children are sold into the global sex trade every year. Often they are [[kidnap]]ped or orphaned, and sometimes they are actually sold by their own families. According to the International Labour Organization, the problem is especially alarming in [[Thailand]], the [[Philippines]], [[Sri Lanka]], [[Vietnam]], [[Cambodia]], [[Nepal]], and [[India]].<ref>ECPAT, [http://www.ecpatusa.org/index.asp Mission Statement.] Retrieved August 10, 2007.</ref>
  
===Legal profession===
+
===Disease===
{{Main|Legal profession}}
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Prostitution has often been associated with the spread of [[sexually transmitted disease]]s (STDs) such as [[HIV]]. However, this is disputed by empirical data. Although prostitutes are not regularly studied as a group by the CDC or other recognized institutions, what has been done suggests that female prostitutes have either HIV rates similar to the population or lower.<ref>CDC, [http://www.cdc.gov/mmwr/preview/mmwrhtml/00000891.htm Epidemiologic Notes and Reports Antibody to Human Immunodeficiency Virus in Female Prostitutes.] Retrieved August 9, 2007.</ref> Nevertheless, intravenous drug using prostitutes carry very high rates of HIV relative to the general population.
[[Image:Advokat, Engelsk advokatdräkt, Nordisk familjebok.png|thumb|150px|left|An English barrister]]
 
[[Practice of law]] is typically overseen by either a government organization or independent regulating body such as a [[bar association]], [[bar council]], barrister society, or [[law society]]. To practice law, the regulating body must certify the practitioner. This usually entails a two or three-year program at a university [[faculty of law]] or a [[law school]], which earns the student a [[Bachelor of Laws]], a [[Bachelor of Civil Law]] or a [[Juris Doctor]] degree. This course of study is followed by an entrance examination (e.g. [[bar admission]]). Some countries require a further vocational qualification before a person is permitted to practice law. In the case of those wishing to become a [[barrister]], this would lead to a Barrister-at-law degree, followed by a year's apprenticeship (sometimes known as pupillage or devilling) under the oversight of an experienced barrister (or master). Advanced law degrees are also often pursued, though they are academic degrees and are not required for the practice of law. These include a [[Master of Laws]], a [[M.S.L.|Master of Legal Studies]], and a [[Doctor of Laws]].
 
  
Once accredited, a lawyer will often work in a [[law firm]], in a [[chambers]], as a sole practitioner, for a government or as internal counsel at a private corporation. Another option is to become a legal researcher who provides on-demand legal research through a commercial service or on a freelance basis. Many people trained in law put their skills to use outside the legal field entirely. A significant component to the practice of law in the common law tradition involves [[legal research]] in order to determine the current state of the law. This usually entails exploring [[Law report|case-law reports]], [[legal periodicals]] and [[legislation]]. Law practice also involves drafting documents such as court [[pleadings]], persuasive [[brief (law)|brief]]s, [[contract]]s, or [[will]]s and [[trust law|trust]]s. Negotiation and [[dispute resolution]] skills are also important parts of legal practice, depending on the field.
+
Typical responses to the problem are:
 +
* Banning prostitution completely
 +
* Introducing a system of registration for prostitutes that mandates health checks and other public health measures
 +
* Educating prostitutes and their clients to encourage the use of barrier contraception
 +
* Greater interaction with health care
  
===Civil society===
+
Some think that the first two measures are counter-productive. Banning prostitution tends to drive it underground, making treatment and monitoring more difficult. Registering prostitutes makes the state complicit in prostitution and does not address the health risks of unregistered prostitutes. Both of the last two measures can be viewed as [[harm reduction]] policies.
{{Main|Civil Society}}
 
[[Image:1963 march on washington.jpg|thumb|right|250px|A march in Washington DC, during the civil rights movement in 1963]]
 
Perhaps the most crucial institution in the law is simply the civil partnerships and associations of ordinary people holding no official positions. [[Freedom of Speech]], and [[Freedom of Association]] are our human rights, our civil liberties and most developed and developing countries uphold them. They form the basis of an active, thoughtful and [[deliberative democracy]]. The more people are involved with and concerned by how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. Developed [[political parties]] or [[Cogers|debating clubs]], [[trade union]]s, impartial [[mass media|media]], [[charities]] and perhaps even [[Wikipedia|online encyclopedias]] are signs of a healthy civil society.
 
  
The term "civil society" traces back to [[Adam Ferguson]], who saw the development of a "commercial state" as a way to change the corrupt feudal order and strengthen the liberty of the individual.<ref>[http://oll.libertyfund.org/Home3/Book.php?recordID=1229 An Essay on the History of Civil Society] (1767)</ref> Later on, [[Georg Wilhelm Friedrich Hegel]], a [[Germany|German]] [[philosophy|philosopher]], made the distinction between society and the 'state' in his ''[[Elements of the Philosophy of Right]]''.<ref>[http://www.marxists.org/reference/archive/hegel/works/pr/preface.htm Etext of Philosophy of Right Hegel (1827) translated by Dyde, 1897]</ref> Hegel thought civil society (''Zivilgesellschaft'') was a stage on the [[dialectical|dialectical relationship]] between Hegel's perceived opposites, the macro-community of the [[state]] and the micro-community of the [[family]].<ref>Pelczynski, A.Z. (1984) ''The State and Civil Society'' pp.1-13 Cambridge University Press</ref>
+
In [[Australia]] where sex-work is largely legal, and registration of sex-work is not practiced, education campaigns have been extremely successful and the non-intravenous drug user (non-IDU) sex workers are among the lower HIV-risk communities in the nation. In part, this is probably due both to the legality of sex-work, and to the heavy general emphasis on education in regard to sexually transmitted diseases. Safer sex is heavily promoted as the major means of STD reduction in Australia, and sex education generally is at a high level. Sex-worker organizations regularly visit brothels and home workers, providing free condoms and lubricants, health information, and other forms of support.
  
 +
The encouragement of safer sex practices, combined with regular testing for sexually transmitted diseases, has been very successful when applied consistently. Prostitution appears to have little effect as a vector of STDs when safer sex practices are applied consistently. However, in countries and areas where safer sex precautions are either unavailable or not practiced for cultural reasons, prostitution appears to be a very active disease vector for all STDs, including [[HIV|HIV/AIDS]].
  
 +
===Feminism===
 +
Since most prostitutes are women, prostitution is a significant issue in [[feminism|feminist]] thought and activism. Some feminists argue that the act of selling sex need not inherently be exploitative, but that attempts to abolish prostitution—and the attitudes that lead to such attempts—lead to an abusive climate for sex workers that must be changed. In the new discourse, the redefinition of prostitution as "sex work" saw the development of the sex worker activism movement, comprising organizations such as the Australian Prostitutes Collective, and COYOTE (Call Off Your Old Tired Ethics). COYOTE's goals include the decriminalization (as opposed to the legalization) of prostitution, pimping and pandering, as well as the elimination of social stigma concerning sex work as an occupation.
  
==Further reading==
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Feminists who believe that prostitution is inherently exploitative, such as author [[Andrea Dworkin]], herself an ex-prostitute, have argued that commercial sex is a form of [[rape]] enforced by [[poverty]] (and often overt violence by pimps). Proponents of this view reject the idea that prostitution can be reformed. They contend that the assumptions that women exist for men's sexual enjoyment, that all men "need" sex, or that the bodily integrity and sexual pleasure of women is irrelevant underlie the whole idea of prostitution, and make it an inherently exploitative, sexist practice. One argument against Dworkin's position is that prostitution, insofar as it colludes with the perception of an inherent "need" on the part of men for sexual release, is exploiting men more than it exploits women.
*Blackstone, William, Sir. ''An analysis of the laws of England: to which is prefixed an introductory discourse on the study of the law.'' 3rd ed. Buffalo, N.Y.: W.S. Hein & Co., 189 pp., 1997. (originally published: Oxford : Clarendon Press, 1758) ISBN 1-57588-413-5
 
*David, René, and John E. C. Brierley. ''Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law.'' 3d ed. London: Stevens, 1985. ISBN 0-420-47340-8.
 
*Ginsburg, Ruth B. ''A selective survey of English language studies on Scandinavian law.'' So. Hackensack, N.J.: F. B. Rothman, 53 pp., 1970. OCLC 86068
 
*Glenn, H. Patrick ''Legal Traditions of the World: Sustainable Diversity in Law'' 2nd ed. London: Oxford University Press, 432 pp., 2004. ISBN 0-19-926088-5
 
*Iuul, Stig, ''et al.'' ''Scandinavian legal bibliography.'' Stockholm: Almqvist & Wiksell, 196 pp., 1961. (series: Acta / Instituti Upsaliensis Iurisprudentiae Comparativae; 4) OCLC 2558738
 
*Llewellyn, Karl N. & E. Adamson Hoebel. ''Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence.'' special ed. New York City: Legal Classics Library, 374 pp., 1992. ISBN 0-8061-1855-5
 
*Nielsen, Sandro. ''The Bilingual LSP Dictionary. Principles and Practice for Legal language.'' Tübingeb.: Gunter Narr Verlag, 308 pp., 1994. (series: Forum für Fachsprachen-Forschung; Bd. 24) ISBN 3-8233-4533-8
 
  
==External links==
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[[Sweden]]'s 1999 law forbidding the purchase (but not sale) of sex was a natural extension of this view; the Swedish legal approach represents an attempt to understand prostitution from the prostitute's point of view, rather than that of the buyer. However, many prostitutes in Sweden have decried the laws targeting clients, as they say the laws just drive the industry further underground and reduce sex workers' incomes without providing greater safety.
{{sisterlinks|Law}}
 
{{Wikibookspar|Wikiversity|School of Law}}
 
  
;Judicial sources
+
Some jurisdictions have responded to sex worker activism by decriminalizing prostitution. The rationale for these legal reforms has been to extend to sex workers the same health and safety standards that apply to other professions involving close bodily contact, for example [[dentistry]], [[nursing]], or hairdressing.
* [http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm House of Lords Judgments Page]
 
* [http://www.bundesverfassungsgericht.de/entscheidungen.html The German Federal Constitutional Court's Judgments Page]
 
* [http://curia.europa.eu/en/transitpage.htm The European Court of Justice Webpage]
 
* [http://www.echr.coe.int/echr The European Court of Human Rights' Webpage]
 
* [http://www.supremecourtus.gov/ The United States Supreme Court Webpage]
 
  
;Other sources
+
Governments that have decriminalized or legalized prostitution find that they become a destination for international sex traffic, replacing one set of harms with another.
  
* [http://www.findlaw.com Find Law]
+
===Occurrence===
* [http://finduslaw.com FindUSLaw: United States Employment Law]
+
Studies of prostitution have estimated a mean number of 868 male sexual partners per prostitute per year of active sex work. The length of these prostitutes' working careers was estimated at a mean of 5 years.<ref>Potterat ''et al.,'' "Estimating the prevalence and career longevity of prostitute women," ''Journal of Sex Research'' 27 (1990): 233-243.</ref> However, such studies also suggest that men's self-reporting of prostitutes as sexual partners is seriously under-reported.<ref>D. Brewer, ''et al.,'' "Prostitution and the sex discrepancy in reported number of sexual partners," ''Proceedings of the National Academy of Science USA'' October; 97(22): 12385-12388.</ref> 
* [http://ausicl.com The Australian Institute of Comparative Legal Systems]
 
* [http://www.worldlii.org WorldLII - The World Legal Information Institute]
 
* [http://legal.wikicities.com/ WikiCities Legal Site]
 
* Stanford Encyclopedia of Philosophy:
 
** [http://plato.stanford.edu/entries/law-ideology/ Law and Ideology]
 
** [http://plato.stanford.edu/entries/law-language/ Law and Language]
 
* [http://en.jurispedia.org/ The shared law] in [[Jurispedia]]
 
* [http://web.upmf-grenoble.fr/Haiti/Cours/Ak The Roman Law Library]
 
* [http://jurist.law.pitt.edu JURIST - Legal News & Research]
 
* [http://www.OnlineLegalGuide.com Legal Articles & Advice]
 
{{Law}}
 
  
 +
The perceived prevalence of male sex workers is increasing. This may not be a real increase in numbers but possibly simply a more open explicit presence due to the relaxing opinions on [[homosexuality]] in the developed world.
  
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==Impact on society==
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The degradation of [[human sexuality]] has led to problems throughout history. [[Adultery]], promiscuity, and prostitution, with its accompanying [[disease]] and exploitation, lead to untold misery and human alienation. The sexual desires of some members of society has led them to seek others to service them, with those providing the service being treated as second class citizens, or even [[slavery|slaves]]. While society may be correct in regarding those who sell their bodies as devaluing themselves, in today's society universal [[human rights]] are recognized. Thus, to allow prostitution to continue requires the recognition of prostitutes as legitimate members of society, a status that even those who would argue that prostitution has a valuable role do not necessarily accept since such recognition degrades the rest of society. The alternative, to accept prostitution as necessary but to deny those practicing this service consideration as valuable members of society, entrenches societal hypocrisy.
  
{{Credit2|Prostitution|102840590|Law|102973143|}}
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==Notable quotes regarding prostitution==
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*"Prostitution is the supreme triumph of capitalism. Worst of all, prostitution reinforces all the old dumb clichés about women's sexuality; that they are not built to enjoy sex and are little more than walking masturbation aids, things to be DONE TO, things so sensually null and void that they have to be paid to indulge in fornication, that women can be had, bought, as often as not sold from one man to another. When the sex war is won prostitutes should be shot as collaborators for their terrible betrayal of all women, for the moral tarring and feathering they give indigenous women who have had the bad luck to live in what they make their humping ground" (Julie Burchill).
 +
*"The women who take husbands not out of love but out of greed, to get their bills paid, to get a fine house and clothes and jewels; the women who marry to get out of a tiresome job, or to get away from disagreeable relatives, or to avoid being called an old maid—these are whores in everything but name. The only difference between them and my girls is that my girls gave a man his money's worth" (Polly Adler).
 +
*"The profession of a prostitute is the only career in which the maximum income is paid to the newest apprentice. It is the one calling in which at the beginning the only exertion is that of self-indulgence; all the prizes are at the commencement. It is the ever-new embodiment of the old fable of the sale of the soul to the Devil. The tempter offers wealth, comfort, excitement, but in return the victim must sell her soul, nor does the other party forget to exact his due to the uttermost farthing" (William Booth).
 +
*"We say that slavery has vanished from European civilization, but this is not true. Slavery still exists, but now it applies only to women and its name is prostitution" (Victor Hugo).
 +
*"The whore is despised by the hypocritical world because she has made a realistic assessment of her assets and does not have to rely on fraud to make a living. In an area of human relations where fraud is regular practice between the sexes, her honesty is regarded with a mocking wonder" (Angela Carter).
 +
 
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==Notes==
 +
<references/>
 +
 
 +
==References==
 +
*Brewer, D. ''et al.'' "Prostitution and the sex discrepancy in reported number of sexual partners." In ''Proceedings of the National Academy of Science U. S. A''. 97(22) (2000): 12385-12388.
 +
*Campbell, Russell. ''Marked Women: Prostitutes and Prostitution in the Cinema''. University of Wisconsin Press, 2006. ISBN 978-0299212544
 +
*Castillo, D.N., and E.I. Jenkins. "Industries and occupations at high risk for work-related homicide." ''Journal of Occupational Medicine''. 36 (1994):125–32.
 +
*Davis, Norman. ''Europe: A History''. Oxford University Press, 1996. ISBN 978-0198201717.
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*Hicks, George. ''The Comfort Women: Japan's Brutal Regime of Enforced Prostitution in the Second World War''. W.W. Norton & Company, 1997. ISBN 0393316947
 +
*McCall, Andrew. ''The Medieval Underworld''. Hamish Hamilton, 1979. ISBN 0750937270. 
 +
*Michael, R.T., J.H. Gagnon, E.O. Laumann, and G. Kolata. ''Sex in America''. Grand Central Publishing, 1995. ISBN 978-0446671835.
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*Perlongher, Néstor Osvaldo. ''O negócio do michê, prostituição viril em São Paulo.'' 1ª edição 1987, editora brasiliense.
 +
*Phoenix, J. ''Making Sense of Prostitution''. Basingstoke: Palgrave, 2001. ISBN 978-0312220730.
 +
*Preston, John. ''Hustling, A Gentlemen's Guide to the Fine Art of Homosexual Prostitution''. Masquerade Books, 1994. ISBN 978-1563335174.
 +
*Potterat, J.J., D.E Woodhouse, J.B. Muth, and S.Q. Muth. "Estimating the prevalence and career longevity of prostitute women." ''Journal of Sex Research''. 27 (1990): 233 243.
 +
*Potterat, J.J., D.D. Brewer, S.Q. Muth, R.B. Rothenberg, D.E. Woodhouse, J.B. Muth, H.K. Stites, and& S. Brody. [http://aje.oxfordjournals.org/cgi/content/full/159/8/778 "Mortality in a long-term open cohort of prostitute women."] ''American Journal of Epidemiology'' 159(8) (2004): 778-785. Retrieved August 31, 2007.
 +
*Ringdal, Nils Johan. ''Love For Sale: A World History of Prostitution''. Grove Press, 2005. ISBN 0802141846.
 +
*Siegel, Larry J. ''Criminology''. Wadsworth Publishing, 2008. ISBN 978-0495391029
 +
* The UN ''Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others'' 1949. Full text: Status of ratifications, reservations and declarations
 +
* Weitzer, Ronald (ed.). ''Sex For Sale: Prostitution, Pornography, and the Sex Industry''. New York, NY: Routledge, 1999. ISBN 978-0415922951.
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* Weitzer, Ronald. "New Directions in Research on Prostitution." ''Crime, Law, and Social Change'' 43 (2005): 4-5.
 +
* Weitzer, Ronald. "Moral Crusade Against Prostitution." ''Society'' (2006).
 +
* Whisnant, Rebecca, and Christine Stark (eds.). ''Not for Sale: Feminists Resisting Prostitution and Pornography''. Spinifex Press, 2005. ISBN 1876756497.
 +
*Williams, Miriam. ''Heaven's Harlots''. New York, NY: William Morrow/ Harper Collins, 1998. ISBN 978-0688170127.
 +
 
 +
==External links ==
 +
All links retrieved December 2, 2022.
 +
 
 +
* [http://www.sfc.org.uk/legal-advice/british-sex-laws/ Sexual Freedom Coalition]
 +
* [http://andreadworkin.com/audio/attgeneralcommNYC_M.mp3 Andrea Dworkin's Attorney General's Commission Testimony] on Pornography and Prostitution.
 +
 
 +
 
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{{Credits|Prostitution|138712502|Religious_prostitution|149913194|}}

Latest revision as of 01:19, 12 April 2023

Prostitute c. 1890

Prostitution describes sexual intercourse in exchange for remuneration. The legal status of prostitution varies in different countries, from punishable by death to complete legality. A woman who engages in sexual intercourse with only one man for support is a mistress, and not normally considered a prostitute. Prostitution has often been described as "the world's oldest profession," and there is evidence of prostitution occurring throughout history in all societies. Early forms of prostitution involved "sacred prostitution," in which the sexual act was performed for a religious purpose with a person other than one's spouse. Religions have consistently condemned other forms of prostitution in which the activity is purely for personal pleasure, and severe penalties have been imposed on the prostitutes, although usually not on their clients.

Prostitution, however, has continued to exist since the earliest societies, and human trafficking in the twentieth century brought countless women and children across national boundaries for slave labor in this profession. Although many argue that prostitution is helpful to society (economically and socially), the realization that it is very wrong to sell that which is most wonderful, most enjoyable, most precious, and some consider most sacred, is an underlying concern. For, if human sexuality, which is inexorably linked to love, life, and lineage, is commodified, the value of a human being is inevitably reduced to something material, external, and temporary, and the ideals of marriage and family are destroyed.

Terminology

"The Procuress" by Dirck van Baburen

The English word "whore," referring to (female) prostitutes, is taken from the Old English word hōra (from the Indo-European root meaning "desire") but usage of that word is widely considered pejorative and "prostitute" is considered a less value-laden term. On the other hand, in Germany most prostitutes' organizations deliberately use the word Hure (whore) since they feel that "prostitute" is a bureaucratic term and an unnecessary euphemism. Male prostitutes offering services to female customers are known as "gigolos" or "escorts." Male prostitutes offering their services to male customers are called "hustlers" or "rent boys."

Brothels are establishments specifically dedicated to prostitution, often confined to special red-light districts in big cities. Other names for brothels include Bordello, Whorehouse, Cathouse, and General house. Prostitution also occurs in some massage parlors; in Asian countries some barber shops offer sexual services for an additional tip. Organizers of prostitution are typically known as pimps (if male) and madams (if female). More formally, they practice procuring, and are procurers, or procuresses.

Prostitutes are not the only people who are paid for sexual activities. Pornography actors and actresses are paid for having sex, but they are both paid by a third party, the producer of the pornography. Prostitutes are paid by the clients with whom they have sex.

Prostitutes are stigmatized in most societies and religions; their customers are typically stigmatized to a lesser degree.

History

Prostitution is sometimes referred to as "the world's oldest profession." Indeed, there is evidence of prostitution occurring throughout history, all the way back to ancient societies.

In the ancient world

Near East

One of the earliest forms was sacred prostitution, supposedly practiced among the Sumerians. In ancient sources (Herodotus, Thucydides) there are many traces of sacred prostitution. In Babylon, each woman had to reach, once in their lives, the sanctuary of Militta (Aphrodite or Nana/Anahita) and there have sex with a foreigner for a symbolic price as a sign of hospitality.

Within the religion of Canaan, a significant portion of temple prostitutes were male. It was widely used in Sardinia and in some of the Phoenician cultures, usually in honor of the goddess ‘Ashtart. Presumably under the influence of the Phoenicians, this practice was developed in other ports of the Mediterranean Sea, such as Erice (Sicily), Locri Epizephiri, Croton, Rossano Vaglio, and Sicca Veneria.

Prostitution was common in ancient Israel, despite being tacitly forbidden by Jewish Law. It is recorded in the Bible that a prostitute in Jericho named Rahab assisted Israelite spies with her knowledge of the current socio-cultural and military situation due to her popularity with the high-ranking nobles she serviced. The spies, in return for the information, promised to save her and her family during the planned military invasion, as long as she fulfilled her part of the deal by keeping the details of the contact with them secret and leaving a sign on her residence that would be a marker for the advancing soldiers to avoid. When the people of Israel conquered Canaan, she left prostitution, converted to Judaism, and married a prominent member of the people.

Greece

In ancient Greek society, prostitution was engaged in by both women and boys. The Greek word for prostitute is porne, derived from the verb pernemi (to sell), with the evident modern evolution. Female prostitutes could be independent and sometimes influential women. They were required to wear distinctive dresses and had to pay taxes. Some similarities have been found between the Greek hetaera and the Japanese oiran, complex figures that are perhaps in an intermediate position between prostitution and courtisanerie. Some prostitutes in ancient Greece were as famous for their company as their beauty, and some of these women charged extraordinary sums for their services.

Solon instituted the first of Athens' brothels (oik'iskoi) in the sixth century B.C.E., and with the earnings of this business he built a temple dedicated to Aprodites Pandemo (or Qedesh), patron goddess of this commerce. Procuring, however, was strictly forbidden. In Cyprus (Paphus) and in Corinth, a type of religious prostitution was practiced where the temple counted more than a thousand prostitutes (hierodules), according to Strabo.

Each specialized category had its proper name, so there were the chamaitypa'i, working outdoor (lie-down), the perepatetikes who met their customers while walking (and then worked in their houses), and the gephyrides, who worked near the bridges. In the fifth century, Ateneo informs us that the price was of 1 obole, a sixth of a drachma and the equivalent of an ordinary worker's day salary.

Male prostitution was also common in Greece. It was usually practiced by adolescent boys, a reflection of the pederastic tastes of Greek men. Slave boys worked the male brothels in Athens, while free boys who sold their favors risked losing their political rights as adults.

Rome

In ancient Rome, while there were some commonalities with the Greek system. As the Empire grew, prostitutes were often foreign slaves, captured, purchased, or raised for that purpose, sometimes by large-scale "prostitute farmers" who took abandoned children. Indeed, abandoned children were almost always raised as prostitutes.[1]

Enslavement into prostitution was sometimes used as a legal punishment against criminal free women. Buyers were allowed to inspect naked men and women for sale in private and there was no stigma attached to the purchase of males by a male aristocrat. A large brothel, called the Lupanar, found in Pompeii attests to the widespread use of prostitutes in Rome around the turn of the century. Like Greece, Roman prostitution was highly categorized, with titles for prostitutes and their places of trade.

Middle Ages

After the decline of organized prostitution of the Roman empire, many prostitutes were slaves. However, religious campaigns against slavery, and the growing marketization of the economy, turned prostitution back into a business. Although all forms of sexual activity outside of marriage were regarded as sinful by the Roman Catholic Church, prostitution was tolerated because it was held to prevent the greater evils of rape, sodomy, and masturbation.[2] Augustine of Hippo held that: "If you expel prostitution from society, you will unsettle everything on account of lusts." The general tolerance of prostitution was for the most part reluctant, and many canonists urged prostitutes to reform.

During the Middle Ages prostitution was commonly found in urban contexts. By the High Middle Ages it was common to find town governments ruling that prostitutes were not to ply their trade within the town walls, but they were tolerated outside, if only because these areas were beyond the jurisdiction of the authorities. In many areas of France and Germany town governments came to set aside certain streets as areas where prostitution could be tolerated. In London the brothels of Southwark were even owned by the Bishop of Winchester.[2] Still later it became common in the major towns and cities of Southern Europe to establish civic brothels, whilst outlawing any prostitution taking place outside these brothels. In much of Northern Europe a more laissez faire attitude tended to be found.[3] Prostitutes also found a fruitful market in the Crusades.

Sixteenth century

By the very end of the fifteenth century, attitudes hardened against prostitution. With the advent of the Protestant Reformation numbers of Southern German towns closed their brothels in an attempt to eradicate prostitution. The prevalence of sexually transmitted disease from the earlier sixteenth century may also have influenced attitudes. An outbreak of syphilis in Naples 1494, which later swept across Europe, and which may have originated from the Columbian Exchange, appears to have been the one of the causes of this change in attitude.

Köçek troupe at a fair. Recruited from the ranks of colonized ethnic groups, köçeks were entertainers and sex workers in the Ottoman empire.

In some periods, prostitutes had to distinguish themselves by particular signs, sometimes wearing very short hair or no hair at all, or wearing veils in societies where other women did not wear them. In some cultures, prostitutes were the only women allowed to sing in public or act in theatrical performances.

Eighteenth century to present

In the eighteenth century, probably in Venice, prostitutes started using condoms, made with catgut or cow bowel.

Many of the women who posed in nineteenth and early twentieth century vintage erotica were prostitutes. The most famous were the New Orleans women who posed for E. J. Bellocq.

In the nineteenth century, legalized prostitution became a public controversy as France and then the United Kingdom passed the Contagious Diseases Acts, legislation mandating pelvic examinations for suspected prostitutes. Many early feminists fought for their repeal, either on the grounds that prostitution should be illegal and therefore not government regulated or because it forced degrading medical examinations upon women. This legislation applied not only to the United Kingdom and France, but also to their overseas colonies.

Originally, prostitution was widely legal in the United States. Prostitution was made illegal in almost all states between 1910 and 1915 largely due to the influence of the Woman's Christian Temperance Union which was influential in the banning of drug use and was also a major force in the prohibition of alcohol. In 1917, the legally defined prostitution district Storyville in New Orleans was closed down by the Federal government over local objections. Prostitution remained legal in Alaska until 1953 (while not yet a U.S. state), and is still legal in some counties of Nevada.

In Asia, there has been a tradition of forcing the women of an occupied land into prostitution, as was the case with Japanese-occupied China and Korea in World War II. These specific women were called "Comfort Women."[4]

Beginning in the late 1980s, many states increased the penalties for prostitution in cases where the prostitute is knowingly HIV-positive. These laws, often known as felony prostitution laws, require anyone arrested for prostitution to be tested for HIV, and if the test comes back positive, the suspect is then informed that any future arrest for prostitution will be a felony instead of a misdemeanor. Penalties for felony prostitution vary in the states that have such laws, typically with maximum sentences of 10 to 15 years in prison.

Types

There are many different types and methods of prostitution, ranging from simply walking on the street to solicit customers, to the more business-like agencies and escort services, to use of advances in technology, such as the Internet. Also considered prostitution, albeit for radically different reasons, is religious prostitution.

Street

In street prostitution, the prostitute solicits customers while waiting at street corners (sometimes called "the track" by pimps and prostitutes alike), usually dressed in skimpy clothing. Street prostitutes are often called "street walkers" while their customers are referred to as "tricks." The sex is performed in the customer's car, in a nearby alley, or in a rented room (motels that service prostitutes commonly rent rooms by the half or full hour).

A "lot lizard" is a commonly-encountered special case of street prostitution. Lot lizards mainly serve those in the trucking industry at truck stops and stopping centers. Prostitutes will often proposition truckers using a CB radio from a vehicle parked in the non-commercial section of a truck stop parking lot, communicating through codes based on commercial driving slang, then join the driver in his truck.

Escort/Out-call

Tart cards in a British phone box advertising the services of call girls.

Escort agencies typically advertise in regional publications and even telephone listings. Many maintain websites with photo galleries of the employees. An interested client contacts an agency by telephone and offers a description of what kind of escort they are looking for. The agency will then suggest an employee who might fit that client's need.

The agency collects the client's contact information and contacts the escort. Usually, to protect the identity of the escort and ensure effective communication with the client, the agency arranges the appointment. Sometimes it may be up to the escort to contact the client directly to make arrangements for location and time of an appointment. If the agency does not supply transportation to and from the client, the escort is also expected to call the agency upon arrival at the location and again upon leaving to assure his or her safe completion of the booking.

The purpose of these arrangements is to attempt to protect the escort agency (to some degree) from prosecution for breaking the law. If the employee is solely responsible for arranging any illegal aspects of their professional encounter the agency could try to maintain plausible deniability should an arrest be made. However, in practice, the use of undercover police evidence or the use of links to reviews of the agency's escorts usually results in failure to protect the agency.

Whilst the vast majority of escort agencies are sex related, there are some non-sexual escort agencies, where escorts provide companionship for business and social occasions.

Sex tourism

Sex tourism is traveling for the purpose of sexual intercourse with prostitutes or to engage in other sexual activity. The World Tourism Organization, a specialized agency of the United Nations, defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination."[5]

Often the term "sex tourism" is mistakenly interchanged with the term "child sex tourism." A tourist who has sex with a child prostitute possibly commits a crime against international law, in addition to the host country, and the tourist's country of citizenship. The term "child" is often used as defined by international law and refers to any person below the age of consent.

Popular sex tourism destinations are Brazil, the Caribbean, Thailand, and former eastern bloc countries.

Prostitution and the Internet

In modern times, prostitutes have come to use the Internet to find customers.[6] A prostitute may use adult boards or create a website of their own with contact details, such as email addresses.

Religious prostitution

Religious or sacred prostitution is the practice of having sexual intercourse (with a person other than one's spouse) for a religious purpose. A woman engaged in such practices is sometimes called a temple prostitute or hierodule, although modern connotations of the term prostitute cause interpretations of these phrases to be highly misleading.

Sacred prostitution was revered highly among Sumerians and Babylonians. In ancient sources (Herodotus, Thucydides) there are many traces of hieros gamos (holy wedding), starting perhaps with Babylon. A similar type of prostitution was practiced in Cyprus (Paphos) and in Corinth, Greece, where the temple counted more than a thousand prostitutes (hierodules), according to Strabo.

Bernal Diaz del Castillo (sixteenth century), in his The Conquest of New Spain, reported that the Mexica peoples regularly practiced pederastic relationships, and male adolescent sacred prostitutes would congregate in temples. The conquistadores, like most Europeans of the sixteenth century, were horrified by the widespread acceptance of sex between men and youths in Aztec society, and used it as one justification for the extirpation of native society, religion, and culture, and the taking of the lands and wealth; of all customs of the Nahuatl-speaking peoples, only human sacrifice produced a greater disapproval amongst the Spaniards in Mexico. The custom died out with the collapse of the Aztec civilization.

Devadasis ("Servant of God") are cult prostitutes in the service of the Yellamma, the Hindu goddess of fertility.[7] The term "Devadasi" originally described a Hindu religious practice in which girls were "married" to a deity. In addition to taking care of the temple, they learned and practiced Bharatanatyam and other classical Indian arts traditions, and enjoyed a high social status. Following the demise of the great Hindu kingdoms the practice degenerated. Pressure from the colonial "reform" movement led to suppression of the practice. Adherents of this movement considered devadasis immoral since they engaged in sex outside of the Christian concept of marriage, and described them as prostitutes. As a result of these social changes, devadasis were left without their traditional means of support and patronage.[8]

In modern India the tradition has become associated with commercial sexual exploitation, particularly of children, as described in a recent report by the National Human Rights Commission of the Government of India.[9] According to this report, "after initiation as devadasis, women migrate either to nearby towns or other far-off cities to practice prostitution" (p. 200). The practice of dedicating devadasis was declared illegal by the Government of Karnataka in 1982.[10] and the Government of Andhra Pradesh in 1988. However the practice is still prevalent in around 10 districts of north Karnataka and 14 districts in Andhra Pradesh.[11][12]

In the 1970s and early 1980s, some religious cults were discovered practicing sacred prostitution as an instrument to recruit new converts. Among them was the alleged cult Children of God/The Family who called this practice "flirty fishing."[13]

Current issues involving prostitution

Legality

Prostitutes working in their vans in Lyon, France. This form of prostitution is often referred to as "Bordels Mobiles de Campagne" (MBC).

At one end of the legal spectrum, prostitution carries the death penalty in some Muslim countries;[14] at the other end, prostitutes are tax-paying unionized professionals in the Netherlands and brothels are legal and advertising businesses there (however, prostitutes must be at least 18 and the age of consent is 16 in other contexts). The legal situation in Germany, Switzerland, and New Zealand is similar to that in the Netherlands. In the Australian state of New South Wales, any person over the age of 18 may offer to provide sexual services in return for money. In Victoria, a person who wishes to run a prostitution business must have a license. Prostitutes working for themselves in their own business, as prostitutes in the business, must be registered. Individual sex workers are not required to be registered or licensed. In some countries the legal status of prostitution may vary depending on the activity.

In Thailand, prostitution is illegal as stated in the Prevention and Suppression Act, B.E. 2539 (1996)[15] In all but two U.S. states, the buying and selling of sexual services is illegal and usually classified as a misdemeanor. Regulated brothels are legal in several counties of Nevada. In Rhode Island, the act of sex for money is not illegal, but street solicitation and operating a brothel are.

In Turkey, street prostitution is illegal though prostitution through government regulated brothels is legal. All brothels must have a license, and all sex workers working in brothels must be licensed as well. Municipality based "Commissions for the struggle against venereal diseases and prostitution" are in charge of issuing such licenses. In Canada, prostitution itself is legal, but most other activities around it are not. It is illegal to live "off the avails" of prostitution (this law is intended to outlaw pimping) and it is illegal (for both parties) to negotiate a sex-for-money deal in a public place (which includes bars). To maintain a veneer of legality, escort agencies arrange a meeting between the escort and the client. A Canadian Supreme Court ruling in 1978 required that to be convicted of soliciting, a prostitute's activities must be "pressing and persistent." Similarly, in Bulgaria prostitution itself is legal, but most activities around it (such as pimping) are outlawed. In Brazil and Costa Rica prostitution per se is legal, but taking advantage or profit from others' prostitution is illegal. Prostitution is legal for citizens in Denmark, but it is illegal to profit from prostitution. Prostitution is not regulated as in the Netherlands; instead, the government attempts through social services to bring people out of prostitution into other careers, and attempts to lessen the amount of criminal activity and other negative effects of prostitution.

1941 Las Vegas hotel sign.

Rules vary as to which roles in prostitution are illegal: Being a prostitute, being a client, or being a pimp. In Sweden it is legal to sell sex, but it is illegal to be a pimp, and since 1999 also to buy sexual services. The reason for this law is to protect prostitutes, as many of them have been forced into prostitution by someone or by economic necessity. Prostitutes are generally viewed by the government as oppressed, while their clients are viewed as oppressors. In the case of a prostitute under 18 in the Netherlands, being the client or pimp is illegal, but being the prostitute is not, except if the client is also underage (under 16). Generally, though, in most countries with criminalized prostitution, prostitutes are arrested and prosecuted at a far higher rate than their clients.

There has been long and widespread debate as to whether the toleration of prostitution similar to that seen in the Netherlands and Germany should be extended. Local police forces have historically alternated between zero tolerance of prostitution and unofficial red light districts. Such approaches are often, but not always taken with the stance that prostitution is impossible to eliminate and thus these societies have chosen to regulate it in ways that reduce the more undesirable consequences. Goals of such regulations include controlling sexually transmitted disease, reducing sexual slavery, controlling where brothels may operate and dissociating prostitution from crime syndicates. The Dutch legalization of prostitution has similar objectives, as well as improving health and working conditions for the women and weakening the link between prostitution and criminality.

In 1949, the UN General Assembly adopted a convention stating that forced prostitution is incompatible with human dignity, requiring all signing parties to punish pimps and brothel owners and operators and to abolish all special treatment or registration of prostitutes. The convention was ratified by 89 countries but Germany, the Netherlands and the United States did not participate.

Prostitution of children

Regarding the prostitution of children, the laws on prostitution as well as those on sex with a child apply. If prostitution in general is legal there is usually a minimum age requirement for legal prostitution that is higher than the general age of consent. Although some countries do not single out patronage of child prostitution as a separate crime, the act may also be punishable as sex with a minor.

Some pedophiles use sex tourism to have access to sex with children that is unavailable in their home country. Cambodia has become a notorious destination for such pedophiles.[16] Several western countries have recently enacted laws with extraterritorial reach punishing citizens who engage in sex with minors in other countries. However, these laws are rarely enforced since the crime usually goes undiscovered.[17]

Illegal immigration

A difficulty in many developed countries is the situation where persons immigrate illegally and work as prostitutes. These people face deportation, and so do not have recourse to the law. Hence there are brothels that may not adhere to the usual legal standards intended to safeguard public health and the safety of the workers.

Violence against prostitutes

Prostitutes are at risk of violent crime, as well as possibly at higher risk of occupational mortality than any other group of women ever studied.[18] For example, the homicide rate for female prostitutes was estimated to be 204 per 100,000,[19] which is several times higher than that for the next riskiest occupations in the United States during a similar period (4 per 100,000 for female liquor store workers and 29 per 100,000 for male taxicab drivers).[20] However, there are substantial differences in rates of victimization between street prostitutes and indoor prostitutes working as escorts, call girls, or in brothels and massage parlors.[21][22] Perpetrators include violent clients, pimps, and corrupt law enforcement officers.

Prostitutes (particularly those engaging in street prostitution) are also sometimes the targets of serial killers, who may consider them easy targets, or use the religious and social stigma associated with prostitutes as justification for their murder. Being criminals in most jurisdictions, prostitutes are less likely than the law-abiding to be looked for by police if they disappear, making them favored targets of predators. The unidentified serial killer known as Jack the Ripper is said to have killed at least five prostitutes in London in 1888.

Human trafficking and sexual slavery

Trafficking in sex workers is a disturbing, yet popular trend. The men who will pay to have sex with foreign women and underage girls create the market which the traffickers supply. Due to the illegal and underground nature of sex trafficking, the exact numbers of women and children forced into prostitution is unknown. The International Labour Organization in 2005 estimated at least 2.4 million people have been trafficked.[23]

Thousands of children are sold into the global sex trade every year. Often they are kidnapped or orphaned, and sometimes they are actually sold by their own families. According to the International Labour Organization, the problem is especially alarming in Thailand, the Philippines, Sri Lanka, Vietnam, Cambodia, Nepal, and India.[24]

Disease

Prostitution has often been associated with the spread of sexually transmitted diseases (STDs) such as HIV. However, this is disputed by empirical data. Although prostitutes are not regularly studied as a group by the CDC or other recognized institutions, what has been done suggests that female prostitutes have either HIV rates similar to the population or lower.[25] Nevertheless, intravenous drug using prostitutes carry very high rates of HIV relative to the general population.

Typical responses to the problem are:

  • Banning prostitution completely
  • Introducing a system of registration for prostitutes that mandates health checks and other public health measures
  • Educating prostitutes and their clients to encourage the use of barrier contraception
  • Greater interaction with health care

Some think that the first two measures are counter-productive. Banning prostitution tends to drive it underground, making treatment and monitoring more difficult. Registering prostitutes makes the state complicit in prostitution and does not address the health risks of unregistered prostitutes. Both of the last two measures can be viewed as harm reduction policies.

In Australia where sex-work is largely legal, and registration of sex-work is not practiced, education campaigns have been extremely successful and the non-intravenous drug user (non-IDU) sex workers are among the lower HIV-risk communities in the nation. In part, this is probably due both to the legality of sex-work, and to the heavy general emphasis on education in regard to sexually transmitted diseases. Safer sex is heavily promoted as the major means of STD reduction in Australia, and sex education generally is at a high level. Sex-worker organizations regularly visit brothels and home workers, providing free condoms and lubricants, health information, and other forms of support.

The encouragement of safer sex practices, combined with regular testing for sexually transmitted diseases, has been very successful when applied consistently. Prostitution appears to have little effect as a vector of STDs when safer sex practices are applied consistently. However, in countries and areas where safer sex precautions are either unavailable or not practiced for cultural reasons, prostitution appears to be a very active disease vector for all STDs, including HIV/AIDS.

Feminism

Since most prostitutes are women, prostitution is a significant issue in feminist thought and activism. Some feminists argue that the act of selling sex need not inherently be exploitative, but that attempts to abolish prostitution—and the attitudes that lead to such attempts—lead to an abusive climate for sex workers that must be changed. In the new discourse, the redefinition of prostitution as "sex work" saw the development of the sex worker activism movement, comprising organizations such as the Australian Prostitutes Collective, and COYOTE (Call Off Your Old Tired Ethics). COYOTE's goals include the decriminalization (as opposed to the legalization) of prostitution, pimping and pandering, as well as the elimination of social stigma concerning sex work as an occupation.

Feminists who believe that prostitution is inherently exploitative, such as author Andrea Dworkin, herself an ex-prostitute, have argued that commercial sex is a form of rape enforced by poverty (and often overt violence by pimps). Proponents of this view reject the idea that prostitution can be reformed. They contend that the assumptions that women exist for men's sexual enjoyment, that all men "need" sex, or that the bodily integrity and sexual pleasure of women is irrelevant underlie the whole idea of prostitution, and make it an inherently exploitative, sexist practice. One argument against Dworkin's position is that prostitution, insofar as it colludes with the perception of an inherent "need" on the part of men for sexual release, is exploiting men more than it exploits women.

Sweden's 1999 law forbidding the purchase (but not sale) of sex was a natural extension of this view; the Swedish legal approach represents an attempt to understand prostitution from the prostitute's point of view, rather than that of the buyer. However, many prostitutes in Sweden have decried the laws targeting clients, as they say the laws just drive the industry further underground and reduce sex workers' incomes without providing greater safety.

Some jurisdictions have responded to sex worker activism by decriminalizing prostitution. The rationale for these legal reforms has been to extend to sex workers the same health and safety standards that apply to other professions involving close bodily contact, for example dentistry, nursing, or hairdressing.

Governments that have decriminalized or legalized prostitution find that they become a destination for international sex traffic, replacing one set of harms with another.

Occurrence

Studies of prostitution have estimated a mean number of 868 male sexual partners per prostitute per year of active sex work. The length of these prostitutes' working careers was estimated at a mean of 5 years.[26] However, such studies also suggest that men's self-reporting of prostitutes as sexual partners is seriously under-reported.[27]

The perceived prevalence of male sex workers is increasing. This may not be a real increase in numbers but possibly simply a more open explicit presence due to the relaxing opinions on homosexuality in the developed world.

Impact on society

The degradation of human sexuality has led to problems throughout history. Adultery, promiscuity, and prostitution, with its accompanying disease and exploitation, lead to untold misery and human alienation. The sexual desires of some members of society has led them to seek others to service them, with those providing the service being treated as second class citizens, or even slaves. While society may be correct in regarding those who sell their bodies as devaluing themselves, in today's society universal human rights are recognized. Thus, to allow prostitution to continue requires the recognition of prostitutes as legitimate members of society, a status that even those who would argue that prostitution has a valuable role do not necessarily accept since such recognition degrades the rest of society. The alternative, to accept prostitution as necessary but to deny those practicing this service consideration as valuable members of society, entrenches societal hypocrisy.

Notable quotes regarding prostitution

  • "Prostitution is the supreme triumph of capitalism. Worst of all, prostitution reinforces all the old dumb clichés about women's sexuality; that they are not built to enjoy sex and are little more than walking masturbation aids, things to be DONE TO, things so sensually null and void that they have to be paid to indulge in fornication, that women can be had, bought, as often as not sold from one man to another. When the sex war is won prostitutes should be shot as collaborators for their terrible betrayal of all women, for the moral tarring and feathering they give indigenous women who have had the bad luck to live in what they make their humping ground" (Julie Burchill).
  • "The women who take husbands not out of love but out of greed, to get their bills paid, to get a fine house and clothes and jewels; the women who marry to get out of a tiresome job, or to get away from disagreeable relatives, or to avoid being called an old maid—these are whores in everything but name. The only difference between them and my girls is that my girls gave a man his money's worth" (Polly Adler).
  • "The profession of a prostitute is the only career in which the maximum income is paid to the newest apprentice. It is the one calling in which at the beginning the only exertion is that of self-indulgence; all the prizes are at the commencement. It is the ever-new embodiment of the old fable of the sale of the soul to the Devil. The tempter offers wealth, comfort, excitement, but in return the victim must sell her soul, nor does the other party forget to exact his due to the uttermost farthing" (William Booth).
  • "We say that slavery has vanished from European civilization, but this is not true. Slavery still exists, but now it applies only to women and its name is prostitution" (Victor Hugo).
  • "The whore is despised by the hypocritical world because she has made a realistic assessment of her assets and does not have to rely on fraud to make a living. In an area of human relations where fraud is regular practice between the sexes, her honesty is regarded with a mocking wonder" (Angela Carter).

Notes

  1. Justin Martyr, First Apologies, New Advent. Retrieved August 10, 2007.
  2. 2.0 2.1 Andrew McCall, The Medieval Underworld (Hamish Hamilton, 1979, ISBN 0750937270).
  3. Norman Davies, Europe: A History (1996, ISBN 0-19-820171-0).
  4. George Hicks, The Comfort Women: Japan's Brutal Regime of Enforced Prostitution in the Second World War (W.W. Norton & Company, 1997, ISBN 0393316947).
  5. U.N. World Tourism Organization, Statement on the Prevention of Organized Sex Tourism, United Nations. Retrieved August 10, 2007
  6. Larry J. Siegal, Criminology: The Core Second Edition (Thompson, 2005).
  7. BBC, Slaves to the goddess of fertility. Retrieved December 19, 2008.
  8. Leslie C. Orre, Donors, Devotees, and Daughters of God: Temple Women in Medieval Tamil Nadu. Retrieved August 31, 2007.
  9. P.M. Nair, A Report on Trafficking in Women and Children in India 2002-2003, National Human Rights Commission, Government of India, July 18, 2004. Retrieved August 31, 2007.
  10. Government of Karnataka, Devadasis (Prohibition of Dedication) Act, 1982. Retrieved August 31, 2007.
  11. Hindu.com, `Project Combat' launched to eradicate `Devadasi' system. Retrieved August 31, 2007.
  12. Fighting Slavery Today, Hierodulic Servitude in India and Nepal. Retrieved August 8, 2007.
  13. Miriam Williams, Heaven's Harlots (New York, NY: William Morrow/ Harper Collins, 1998, ISBN 978-0688170127).
  14. Hartford Web Publishing, Prostitutes sentenced to death. Retrieved August 10, 2007.
  15. Ilio.org, PREVENTION AND SUPPRESSION OF PROSTITUTION ACT B.E. 2539 (1996). Retrieved April 26, 2007.
  16. Childsafe Cambodia, About Child Prostitution.
  17. BBC, Teenage prostitution case shocks China. Retrieved April 26, 2007.
  18. Justice Women, Letters to Authorities. Retrieved April 26, 2007.
  19. J.J. Potterat, Mortality in a long-term open cohort of prostitute women. Retrieved August 31, 2007.
  20. D.N. Castillo and E.L. Jenkins, "Industries and occupations at high risk for work-related homicide," Journal of Occupational Medicine 36 (1994): 125–32.
  21. Ronald Weitzer (ed.), Sex For Sale: Prostitution, Pornography, and the Sex Industry (2000).
  22. Ronald Weitzer, "New Directions in Research on Prostitution," Crime, Law, and Social Change 43 (4-5).
  23. Antislavery.org, Trafficking. Retrieved August 10, 2007.
  24. ECPAT, Mission Statement. Retrieved August 10, 2007.
  25. CDC, Epidemiologic Notes and Reports Antibody to Human Immunodeficiency Virus in Female Prostitutes. Retrieved August 9, 2007.
  26. Potterat et al., "Estimating the prevalence and career longevity of prostitute women," Journal of Sex Research 27 (1990): 233-243.
  27. D. Brewer, et al., "Prostitution and the sex discrepancy in reported number of sexual partners," Proceedings of the National Academy of Science USA October; 97(22): 12385-12388.

References
ISBN links support NWE through referral fees

  • Brewer, D. et al. "Prostitution and the sex discrepancy in reported number of sexual partners." In Proceedings of the National Academy of Science U. S. A. 97(22) (2000): 12385-12388.
  • Campbell, Russell. Marked Women: Prostitutes and Prostitution in the Cinema. University of Wisconsin Press, 2006. ISBN 978-0299212544
  • Castillo, D.N., and E.I. Jenkins. "Industries and occupations at high risk for work-related homicide." Journal of Occupational Medicine. 36 (1994):125–32.
  • Davis, Norman. Europe: A History. Oxford University Press, 1996. ISBN 978-0198201717.
  • Hicks, George. The Comfort Women: Japan's Brutal Regime of Enforced Prostitution in the Second World War. W.W. Norton & Company, 1997. ISBN 0393316947
  • McCall, Andrew. The Medieval Underworld. Hamish Hamilton, 1979. ISBN 0750937270.
  • Michael, R.T., J.H. Gagnon, E.O. Laumann, and G. Kolata. Sex in America. Grand Central Publishing, 1995. ISBN 978-0446671835.
  • Perlongher, Néstor Osvaldo. O negócio do michê, prostituição viril em São Paulo. 1ª edição 1987, editora brasiliense.
  • Phoenix, J. Making Sense of Prostitution. Basingstoke: Palgrave, 2001. ISBN 978-0312220730.
  • Preston, John. Hustling, A Gentlemen's Guide to the Fine Art of Homosexual Prostitution. Masquerade Books, 1994. ISBN 978-1563335174.
  • Potterat, J.J., D.E Woodhouse, J.B. Muth, and S.Q. Muth. "Estimating the prevalence and career longevity of prostitute women." Journal of Sex Research. 27 (1990): 233 243.
  • Potterat, J.J., D.D. Brewer, S.Q. Muth, R.B. Rothenberg, D.E. Woodhouse, J.B. Muth, H.K. Stites, and& S. Brody. "Mortality in a long-term open cohort of prostitute women." American Journal of Epidemiology 159(8) (2004): 778-785. Retrieved August 31, 2007.
  • Ringdal, Nils Johan. Love For Sale: A World History of Prostitution. Grove Press, 2005. ISBN 0802141846.
  • Siegel, Larry J. Criminology. Wadsworth Publishing, 2008. ISBN 978-0495391029
  • The UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 1949. Full text: Status of ratifications, reservations and declarations
  • Weitzer, Ronald (ed.). Sex For Sale: Prostitution, Pornography, and the Sex Industry. New York, NY: Routledge, 1999. ISBN 978-0415922951.
  • Weitzer, Ronald. "New Directions in Research on Prostitution." Crime, Law, and Social Change 43 (2005): 4-5.
  • Weitzer, Ronald. "Moral Crusade Against Prostitution." Society (2006).
  • Whisnant, Rebecca, and Christine Stark (eds.). Not for Sale: Feminists Resisting Prostitution and Pornography. Spinifex Press, 2005. ISBN 1876756497.
  • Williams, Miriam. Heaven's Harlots. New York, NY: William Morrow/ Harper Collins, 1998. ISBN 978-0688170127.

External links

All links retrieved December 2, 2022.


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