The longevity of her majesties reign lulled most of us into this false sense that she may well last forever. Alas; whilst she reigned over 15 prime ministers, 6 popes, and was just 2 years shy of breaking King Louise XIV’s record of the longest reigning monarch; she was ultimately mortal like the rest of us. Losing Elizabeth is like losing a relative in a way: she was effectively the spiritual grandmother of the nation. One does not have to have met her in person to realise the gravity of the situation and feel a sudden emptiness in ones soul. Regardless, there will be constant streaming in the news about the queen’s reign and whilst this is fully justified considering her extraordinary life; I think it’s equally important for us to look to the immediate future, regarding her heir and now king Charles III.
Like Moyes taking over from Ferguson, taking the reigns over such a distinguished and legendary predecessor in the form of Elizabeth II was always going to be a mammoth task for Charles III. Unlike Moyes though, I do believe Charles III will succeed in his role and will not only steady the ship and keep things stable for when William takes over but I also think he will be a decent king in his own right. There is the historical precedent to believe this will be the case as well if we look at the reign of King Edward VII.
King Edward VII also had the unenviable task of taking over from a long reigning and highly respected monarch. That being his mother Queen Victoria. Not only this though but there were those who thought he’d be unsuited for the crown considering his extramarital affairs, serial womanising, as well as his other hedonistic vices which he indulged in (particularly his gambling habit). Yet, despite all of this, once he became king, he took on the role dutifully and he over time, garnered the respect and admiration of the public at large. He had in fairness a good foundation to begin with. He even became to be known as the ‘Uncle of Europe’, being seen as a breadth of fresh air after his mothers stuffy and stern rule. Charles III faces similar challenges. His past with Diana for instance has far from gone away and there are still rumblings from those who’d prefer the crown skip Charles III entirely and go to William instead. Ultimately though, I think Charles III reign will go much the same way as Edwards VII’s reign.
*Use any picture of King Edward VII here*
He will certainly not match his mothers longevity, but I imagine he’ll do much in his comparatively short reign. He may not be able to match her regality, but he’ll do his duty. He may not command the same love and affection, but with time, I imagine he’ll garner the publics respect.
Detractors of Charles III would also do well to remember that ultimately it’s not about the person but about the institution of monarchy that matters the most. This has been lost on people because of the wider publics affection for Elizabeth II. If you were to ask most people in the street, most would say that they’re much more pro Elizabeth II than they are pro monarchy. Elizabeth was certainly an exceptional public servant but again, it’s about the crown, not the induvial. It is the crown that forms as the cultural nexus point for our nation. It is the crown that serves as the constitutional foundation of this country. It is the crown that forms the last line of defence when everything goes south. Even if you (harshly) think Charles III will be a bad king, we must not be so short-sighted to put the institution of monarchy into question. Either because they think the institution should die with his mother out of principle or because of their personal dislike of Charles III.
To be frank as well, I really fail to see how Charles III will serve as a catalyst for the undoing of the monarchy. The monarchy has survived the disastrous reign of King John, The Peasants Revolt, The War of the Roses, was abolished after the civil war but restored after the tyranny of Cromwell, The Glorious Revolution, anti-monarchical (more specifically anti Hanoverian/Georgian) intrigue from whiggish elements in the 18th century; the crown has survived it all. Those who fear Charles III will or want Charles III to fail would do good to remember their history.
The coming days and weeks will be beset by mourning for our late monarch and I hope that everyone – regardless of political affiliation – can at least raise a toast to her majesty at a minimum. But at least where the monarchy is concerned, we should be more optimistic in this country: we have precious little else to be optimistic about. The reign of Charles III will, I think, prove fruitful for the nation. Time will tell, this piece may come back to bite me at a later date, but I fairly confident that I will be proven correct in thinking that Charles will turn out fine.
The Queen is dead: long live the King!
Rest in Perfect Peace Your Majesty, your son has it from here.
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Current Criticism on Austen: An Overview of the Norton Critical Pride and Prejudice, 4th Ed.’s Back Material
“Short and easy will be the task of the mere biographer. A life of usefulness, literature, and religion, was not by any means a life of event…to the little disappointments incidental to human life was never added, even for a moment, an abatement of good-will from any who knew her.”
No, this quote does not refer to the late Queen Elizabeth II—though several aspects of it, from the humble understatement to the positive rapport among her acquaintances, could just as well describe the late monarch (ignoring the lacking a “life of event” part) as they do its actual subject, Jane Austen.
Written by her brother Henry and included as a preface to the posthumous volume containing Northanger Abbey and Persuasion, the brief biography is one of the many resources found in the 2016 Norton Critical Edition (the fourth) of Pride and Prejudice, edited by Donald Gray of Indiana University and Mary A. Favret of Johns Hopkins. Besides confirming that one cannot understand Austen without understanding her, as he puts it, “thoroughly religious and devout” faith (another parallel between Austen and Her Royal Highness, and many others), the biography gives several details that lend insight into not only P&P but Austen’s other novels, as well.
This is, of course, the purpose of Norton Critical Editions, which I have used since my first essay as a California kid at Oxford (due on a Monday after meeting my tutor on Friday). The Norton Alice’s Adventures in Wonderland, bought, read, and cited in a two-day scramble, saved my grade that weekend, and it still graces my bookshelf for whenever I or mine might need it.
While pieces contemporary with the books’ printings, like the above biography, letters from the author to family and friends, and subsequent reviews at the time (for P&P from Scott, C. Bronte, Emerson, Twain, and others) provide a great context, as a student I found most useful the critical excerpts included in each edition, which attempt to give an up-to-date view on the literary conversation surrounding a certain work. For undergraduates who may not know where to look for sources on a certain author, I usually suggest Norton Criticals (and, by God, the several-page-long Selected Bibliography in the back—my brother and sister in Christ, THEY DO YOUR WORK FOR YOU), if only as a primer for larger critical discussion.
But the editions aren’t, and shouldn’t be, limited to the student; indeed, fans of Austen (or whom have you) might wear down their editions faster and more thoroughly than the student who buys it for a two-week paper. Although written with the academic in mind, works like Norton Critical Editions might very well contribute to the canon being preserved outside of the university, providing, as they do, the tools for a historical and critical understanding of one’s favorite work.
Literally one of the greatest novels ever written, and second in my mind only to The Brothers Karamazov, qua novel, Pride and Prejudice needs no encomium from me. Based on and in parts expanding my Goodreads review, what follows is a summary of and, at times, response to the recent critical sources in the 4th Norton Edition. I hope it will prove useful to Austen lovers as much as students.
D.A. Miller, “No One is Alone,” from Jane Austen; Or the Secret of Style (2003).
Discusses the break between Austen’s style and her characters, with the former being omniscient and the latter being little-knowing. Recounts how Austen’s style developed from reading 18th-century writers like Sam Johnson and how she novelized several aspects of their articles. Discusses the paradox of Elizabeth’s marrying Darcy (Miller cynically sees it as an unfortunate contradiction) by supposedly eschewing the very wit (or “impertinence”) that made her unique.
Jeff Nunokawa, “Speechless in Austen,” from Differences 16 (2005).
Discusses the timelessness in Austen (both narration and characters), whose writing seems to have no idea of the enormous cultural changes that were to come in the 1800s. Nunokawa identifies this confident changelessness as being part of why we read P&P, which, despite readers’ approaching it with nostalgia, has very little actual nostalgia within its pages. Discusses, like Elfenbein below, Austen’s use of space-as-social dynamic. Also contextualizes and discusses silence within P&P, and how Darcy must learn to open up because it is through sociability and inclusion, not mere rank, that one succeeds in P&P. Reasons that in Austen one can only know themselves through social interaction, and so Darcy’s attempting to only speak when he has something perfect or great to say ironically reduces him. Finally, examines the certainty of tone often used by both Austen’s narrator and her characters.
At times syntax/language felt a bit overwrought, but it may be because it’s an excerpt and, its being the first article I read after finishing the novel, I was still reading with Austen’s rhythm.
Andrew Elfenbein, “Austen’s Minimalism,” from The Cambridge Companion to Pride and Prejudice (2013).
Examines how and why Austen leaves out descriptive details; identifies her as not being a realist (as has been argued) because of this selectivity. Contextualizes Austen with Johnson’s 18th-century advice to make writing timeless by avoiding too many details; shows how Austen nuances this by using detail to enhance beauty of characters/scenes, like the then popular picturesque school (which suffuses the book – see Knox-Shaw below). Identifies rooms and the outdoors not as physical places but as identifiers of distance and a context for the social interactions that make up the book. One of the best articles in the edition, both for historical context and argument flow.
Peter Knox-Shaw, “Pride and Prejudice, A Politics of the Picturesque,” from Jane Austen and the Enlightenment (2004).
Identifies the Picturesque as finding a medium between the Burkean-Romantic poles of pacifying Beauty and provoking Sublime. Follows the picturesque as a running metaphor through the book for Elizabeth and Darcy’s love, and thus, for Elizabeth’s breaking of gender stereotypes/politics. Argues that, like the picturesque, Elizabeth’s development depicts a nuancing of (if not campaign against) conventional beauty, while showing that beauty and attractiveness are not synonymous in the book (see Michie below). In conjunction with the other articles on the picturesque, Knox-Shaw’s was one of the more enlightening articles in the material.
Felicia Bonaparte, “Conjecturing Possibilities: Reading and Misreading Texts in Jane Austen’s Pride and Prejudice,” from Studies in the Novel 37.2 (2005).
Places P&P within the contemporary philosophical debate between the rationalists and the empiricists. Establishes how P&P identifies Jane Austen as an empiricist in the line of David Hume due to its consistent focus on skepticism regarding secondhand accounts, texts, and assumptions. Stresses how often characters’ epistemology is discovered to be faulty, and how the book encourages a general skepticism regarding first impressions. Argues that the Bennet sisters each, in their own way, undermines one’s ability to interpret reality with certainty, and that Elizabeth’s developing a “practical empiricism” is “the bildung of the novel.” Goes further to argue that Austen was even an early Nietzschean post-modernist in how she incorporates her characters’ mutual and self-reflective interpretations into their construction of, rather than deduction of, reality. Probably my favorite of the edition’s essays, for its historical context and depth of substance, as well as readability.
Vivien Jones, “Feminisms,” from A Companion to Jane Austen (2012).
Argues that, despite her focus on primarily women characters and their circumstances, Austen should not be classed as an early feminist because of her reaffirmation of marriage, which Jones interprets as an endorsement of the patriarchal structure she sees throughout the book. Identifies Austen, rather, as a postfeminist author, who (she thinks mistakenly) argues in her characters and scenarios that the inequalities facing early-19th-century women had largely been dealt with and that many problems experienced by women could be surmounted not by societal revolution and polemic but by individual reflection and reformation. Identifies Elizabeth as being in the vein of Mary Wollstonecraft, but Austen as aligning more with the conservative female writer Hannah More. Accuses Austen of contextualizing the benefits achieved by Wollstonecraft within a conservative/Tory context of twenty years later that reaffirms the social structure. Reads P&P as conservative reinterpretation of previous feminist ideals through the onus for individual, rather than broader social, reform. In my opinion, Jones’s view that Elizabeth’s marriage is a renegging on her previous independence (rather than a full expression of it) misses the point of the book, which his her growth out of her own pride and prejudice (an impetus and growth Austen notably gives to Darcy, too).
Janet Todd, “Jane Austen’s Hero,” from The Cambridge Companion to Pride and Prejudice (2013).
Argues that Darcy’s place in society allows him to begin the book as a boor, whereas Elizabeth’s requires her to adapt through the book. Sees Elizabeth as having no individuality in either Darcy or Collins’s eyes. Follows Alistair Duckworth’s 1971 Marxist reading of the book’s property entail (arguably refuted below by Macpherson), applying it to gender and property. Like Jones above, interprets Elizabeth’s growth out of her pride and prejudice as a negative, a product of her social standing and gender, and thus misses the point of the book.
Elsie B. Michie, “Social Distinction in Jane Austen,” from The Vulgar Question of Money: Heiresses, Materialism, and the Novel of Manners from Jane Austen to Henry James (2011).
Interprets P&P as Austen’s attempt to find the proper relation to wealth. Reads book as a response to Hume and Smith’s writings on the problematic effects of wealth on English society. Elizabeth as the opposite of Miss Bingley and Lady Catherine, both of whom present the negative effects of status via inherited wealth (shallow, arrogant, etc). Examines the growth of manners to replace the traditional virtues of the landed aristocracy (both shown in said characters). Points out how Elizabeth’s manners, as well as her disregard for inherited virtue or status, make her attractive despite her lack of apparent beauty (see Knox-Shaw above). Looks at what Darcy’s growing attraction to her says about him. A good essay for understanding and contextualizing the different dynamics in the Elizabeth-Lady Catherine interactions, as well as the changing social mores of the time.
Sandra Macpherson, “Rent to Own: or, What’s Entailed in Pride and Prejudice,” from Representations 82 (2003).
Lays out the laws of property entail—and, Macpherson points out, ironic humor surrounding the issue—that undergird the plotof P&P. Debunks Duckworth’s Marxist view that the book’s society is structured along class and gender lines (see Todd, above). Showing how entail cannot be blamed on any one person or group, explains the implicit joke in both Mrs. Bennet’s expecting something to be done about the entail and Collins’s continual apology for it (both of which Austen’s readers would have seen as ridiculous). Reads Austen as not being against entail, per se, because it is an image of social obligation, not one of exclusion. Examines Austen’s contrasting renting vs owning as makers of different personalities and virtues (vis, Bingley and Darcy). One of the more enlightening, historically based, and easy/fun to read of the back material; possibly my favorite, contending with Bonaparte.
Andrew Maunder, “Making Heritage and History: The 1894 Illustrated Pride and Prejudice,” from Nineteenth-Century Studies 20 (2006).
Examines the role illustrations play in forming (and revising) later perceptions of an artist and their work. Explores how, “Illustrations play a central role in how readers construe novels,” and “modify, challenge, and even dictate readers’ understandings,” of the novels. Argues in a footnote that later illustrations of P&P like , rather than the text itself, are to be attributed with the reading that Darcy becomes more emotionally responsive by the novel’s end; conversely sees the text as validating Darcy’s cold “legal and ethical formalism,” and pushing Mr. Bingley to emulate it. Explores the effect the 1894 edition had on how the novel was interpreted, despite it’s being merely a “gift book” among many similars flooding the market. Presents and critiques key illustrations by artist Hugh Thompson and describes others, unpictured; interprets Thompson’s stated desire to show Austen’s “sense of fun,” as going too far, into reinterpretation. Although Thompson and editor George Allen caused a revival of interest in Austen, implies the popularity had more to do with the reinterpretive lens than with Austen’s work, itself (see my own critique of the recent Persuasion adaptation, linked above).
Tiffany Potter, “Pride and Prejudice and Zombies,” from Women, Popular Culture, and the Eighteenth Century (2012).
Reads Seth Grahame-Smith’s book/reinterpretation, P&P&Zs, as more than a pulp piggyback off of Austen. Presents book as a concretization of the implicit, unspeakable aspects of P&P, with the zombies being “a literalization of the threat of a social death in spinsterhood…in opposition to the socially constructed life-and-death quality of the marriage plot.” Interprets several moments from Grahame-Smith’s book as helping readers better understand Austen, such as Lydia’s becoming an “unmentionable” zombie as an image of the unspeakability of her adultery in Austen, or the steady death to zombiehood of Charlotte as a picture of her intellectual death in marrying Collins. An interesting piece that treats P&P&Z seriously, though Potter ultimately interprets certain aspects of Austen (e.g. Jane and Elizabeth’s marriages) negatively, like others above.
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Populism and a Sense of Betrayal (Magazine Excerpt)
Leading up to December 2022, when I was preparing for my PhD viva, I was told by colleagues – quite consistently – that populism was back on the academic agenda. Clearly, I had timed my PhD well, the covid pandemic aside.
Now, at the conclusion of the process, I have people ask me what my core conclusions are. The truth is, I say, populism is going to remain a permanent feature of our political system for a long time, to such an extent that I think, for all his mistakes and poor insights, Cas Mudde was right to describe our era as the ‘populist zeitgeist.’ I am not alone in making this prediction: in his farewell speech to the European Parliament, Nigel Farage said populism ‘was very popular’; and there abound many different academic attempts at explaining the likely enduring appeal of populism.
Among them I find particular value in Nadia Urbinati’s Democracy Disfigured (2014) and Me, The People (2019): the former is particularly focused on how democracy can be transformed, though populism is only part of that story. In that book, Urbinati attempts to analyse the role of what she calls the doxa in democracy, emphasising the linguistic and dialogical elements of democracy as methods of identifying conflict and resolving them; in response to this, says Urbinati, populism attempts to ‘fix’ the inevitability of conflict. It can do this because democracy (and politics in general) is actually about never attempting to remove conflict, merely attempting to ‘win’ the immediate conflict, whilst accepting that you may ‘lose’ the next one. The underlying unity is, as a result, quite thin, and little more than a general agreement on the process of conflict and resolution, rather than an agreement on the resolution of conflict specifically.
Populism, says Urbinati, works from within the logic of democracy to recognise the inherently conflictual nature of politics and democracy, and then seeks to deny it. Instead of attempting to win now, and accept the possibility of losing in the future, populism attempts to win forever, and deny the possibility of future conflict. In doing so, populism becomes anti-politics.
In the latter book, Urbinati delves deeper into populism specifically, and considers the internal mechanisms of populism, rather than just the impact it has on democracy. In doing so, Urbinati looks at the role of ‘antiestablishmentarianism,’ ‘antielitism’ and, crucially, the messianic leader, in the emergence of populism.
This is an excerpt from “Ides”. To continue reading, visit The Mallard’s Shopify.
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Let’s Talk About Sex (Work)
This tweet from @GraffitiRadical invoked quite the conversation. Well, as much conversation as you can have on Twitter. Some argued that it is empowering and that it’s a legitimate profession. Others argued that it’s exploitative and damaging. Some refuse to even use the term ‘sex work,’ favouring language such as prostitution. To others, it’s interchangeable.
However, currently and historically, the technical and legal term for sex work is prostitution, something many advocates wish to see changed, arguing the term creates stigma. Opponents of the practice would say this is rightly so, given the nature of the practice.
However angry the arguments, however poor, it doesn’t take away from the fact that it’s something that exists. It may be tucked away in the shadows of the night or blatantly advertised on OnlyFans, but it exists. They don’t call it the world’s oldest profession for nothing. Pictures and paintings showing prostitution still exist from the times of Ancient Rome. Courtesans could make a lot of money by being chosen by a rich benefactor. The 90s film Pretty Woman showed the profession in a new light.
Whatever you want to call it, there’s still a major debate about the morality and legality of prostitution. One only must look across the world to see how different cultures tolerate the practice-or if they do at all. That being said, laws do not always impact supply and demand. Prostitution exists in liberal secular nations as well as conservative religious ones. It happens in peacetime and in wartime. Prostitutes and clients come from all walks of life.
So, what is it really?
The Whos and the Whats
When we think of prostitution, we often think of ladies in revealing clothing on street corners. That may be true, but streetwalkers aren’t the only type of prostitute. There are those who work in brothels, massage parlours and bars, or as escorts or cam girls. One may think of the window and door girls in Amsterdam. Other forms exist but are rarer.
Statistically, it’s thought that the vast majority of prostitutes are women. According to Streetwalker, 88% of prostitutes in the UK. That percentage is likely applicable worldwide give or take, but we will never truly know given the taboo nature. Sadly, child prostitution is not unheard of and is indeed common, with some areas being tourist hotspots for those interested in that.
Entry into prostitution also varies.
Types of Legislation
There are five types of legislation regarding prostitution.
Legalisation
In legalisation, prostitution itself is both legal and regulated, as are associated activities such as pimping and earning money. Countries with this framework include The Netherlands, Argentina, Turkey, Bangladesh, and Germany.
The Netherlands is probably the most infamous example of legalised prostitution. Its capital of Amsterdam is a hotspot for prostitution, and its red-light district is equally well known. There is strict regulation of the trade as with any ordinary profession, and prostitutes have been required to pay income tax and register with the Chamber of Commerce since 2010. While they are taxed, they may also receive unemployment benefits, though they do not if they work through the opt-in system.
Some limits do exist to protect the vulnerable. The hire or use of prostitutes under 21 is illegal, as is purchasing sex from someone you know, or suspect has been trafficked.
Despite benefits for the parties involved and protections for vulnerable people, it’s no cakewalk. The Netherlands still remains a top destination for human trafficking due to the demand for prostitution. Most prostitutes in The Netherlands are not native, giving credence to the narrative of human trafficking. Meanwhile, prostitutes themselves feel as though the government is not on their side. The majority of those who apply for registration do not get it, whilst local authorities are closing windows and do not allow prostitutes to book clients online. In response, prostitutes are complaining that the restrictions reduce demand and make it harder for them to find work.
Decriminalisation
New Zealand, Belgium, New South Wales and Northern Territory
Decriminalisation means that there are no legal penalties for prostitution but that it is not legal itself, nor anything associated with it. Countries with this framework include New Zealand, Belgium and parts of Australia, such as New South Wales and the Northern Territory.
New Zealand became a model for decriminalisation following legislative changes in 2003. Prostitution, living off earnings, soliciting and contracts are all legal. The government recognises it as work but does not promote it. Limitations do exist, such as using girls under 18, those on short-term visas entering the trade and non-Kiwis or Aussies owning brothels.
Whether or not this has succeeded in helping prostitutes depends wildly on opinion. Anecdotal evidence varies- the lady in this piece feels much safer, whilst another argues it’s still incredibly dangerous. A report from July 2012 by the New Zealand government concluded that whilst it was far from perfect, it had made steps in the right direction. This report says otherwise.
In terms of advocacy, the New Zealand Sex Prostitutes Collective (or NZPC) is the largest in the country. They help any prostitute and advocate for all types. Their website explains the New Zealand model and their case for why decriminalisation must stay.
Abolitionism
In abolitionist legislation, the act of prostitution is legal, but everything else related to it is against the law. Countries with this framework include Madagascar, Democratic Republic of the Congo, Mexico, Brazil, and Great Britain.
Great Britain has long had an abolitionist model. Like the Netherlands, it’s illegal to have sex with a prostitute who has been trafficked. The age of prostitutes is also set at eighteen, higher than the age of consent of sixteen. All other parts of prostitution, such as living off wages and brothels, are illegal.
Groups both for and against prostitution exist. Both the English Collective of Prostitutes and the Sex Worker Advocacy and Resistance Movement (SWARM) support full decriminalisation. Streetlight U.K. and Beyond the Streets. Meanwhile, the safety of prostitutes in the U.K. is precarious. One 2018 article states that the mortality rate for prostitutes is twelve times the national average for example. Those with opposing views are at odds on what would help.
Neo-Abolitionism
In neo-abolitionism, the act of selling sex is not a crime, but buying it is, along with other associated acts. This is often called ‘The Nordic Model.’ Countries with this framework include Canada, Spain, Ireland, Sweden and Norway.
Sweden’s lurch towards neo-abolitionism at the turn of the century was the first of its kind. In 1999, they made the act of selling sex illegal, with everything else remaining against the law.
A 2010 investigation from the Swedish government came to this conclusion:
- Street prostitution had decreased.
- The law had acted as a deterrent to prospective buyers of sexual services, reducing demand.
- The law had deterred trafficking, as criminals had not so readily sought to establish organised trafficking networks in Sweden.
- The number of foreign women in prostitution had increased, but not to the extent noticed in neighbouring countries.
- Online prostitution had increased in line with all other sold services since 1999, but not to the extent that it could be said that street prostitution had simply migrated.
- Exit strategies and alternatives had been developed.
- There had been a significant change of attitude and mindset in society.
- Adoption of the law had served as a pioneering model for other countries.
Street prostitution has also decreased by 50% since 1995. A 2021 report also showed that the use of online services has increased, particularly among young people.
As of 2023, prostitutes are taxed on their income.
Unfortunately, Sweden remains a top destination for sex trafficking. The number of those trafficked into the country has steadily increased over the years, particularly children. Sweden tends to be very proactive in combating trafficking, but opponents may point to this as an example as to why their laws do not work.
Red Umbrella Sweden, a group made up of current and former prostitutes, is one example of advocacy. They oppose the Nordic model and push for full decriminalisation.
Prohibitionism
In Prohibitionism, anything to do with prostitution, including the act itself, is illegal. Countries with this framework include Egypt, South Africa, the USA outside of parts of Nevada, China and Russia.
Prohibitionist Egypt actively prosecutes those who partake in prostitution. One can receive between six months and three years in prison for the crime, as well as a fine. All other acts linked to prostitution, including facilitating it and profiting from proceeds can get a person up to three years in jail. Adultery is also a crime, but one that unfairly penalises women more. Women who commit adultery can receive three years in prison, but for men it is six months, and only if it is done inside the home.
One way in which charges of prostitution can be avoided is through a temporary marriage-or nikah mut’ah. It is common in Muslim countries. For a specified period of time, which can be between hours and years, a couple is said to be married. This allows any sexual activity done in this time to be ‘legitimate.’ Payment is often involved, as is a dowry. The length of time of the marriage must be chosen beforehand and the father of the girl must give his consent if she has not been married before. It is said that Arab men often travel to Egypt for the summer and engage in these marriages. Both Western and Muslim feminists argue that this facilitates prostitution.
Arguments For and Against
Prostitution has its supporters and its critics. They make varying points based on personal views, religion, ideas of women’s rights, economics, and other things.
For:
Consenting Adults: Probably the most libertarian argument of the bunch, some contend that as long as it’s involving consenting adults, then what’s the problem? An argument is to be made that so long as both sides are consenting to sex, then it is a victimless crime. One must also remember that they are surely consenting to risks of pregnancy and STIs by this action and are thus unable to complain about said risks. Philosophically, it’s an argument of self-ownership of the body, and thus being able to do with it as one pleases. If we circle back to those involved being consenting adults, then there’s the argument.
Taxation: In Nevada, Sweden and The Netherlands amongst others, prostitutes are subject to income tax. Brothels are also subject to business tax in Nevada. From a purely economic standpoint, some would argue that this is just good business sense. By legalising prostitution, you’re creating an income stream that can be used like any other. Those taxes may go into welfare benefits for the prostitutes themselves, or other things such as schools and healthcare.
Safety and Justice: Proponents argue that if prostitution is legal or at least decriminalised, then prostitutes who have been raped, robbed etc will be able to go to the police. This is the case in New Zealand, as police will respond to prostitutes in distress. Those for legalisation argue that by keeping prostitution underground, those who are in genuine need of help will not reach out due to fear of being arrested themselves. That is, however, assuming police will be of any help. That said, it also could reduce the risks of clients doing anything bad, as they would be aware that there are consequences.
Health: With some prostitutes having been arrested after large amounts of condoms were found on them, some argue that criminalisation may decrease the sexual health of both prostitutes and clients. If a prostitute chooses to have sex without a condom, there’s a potential spread of STIs, both treatable and more serious. Furthermore, if it is legal, then outbreaks can be more easily traced and stopped. One might point to Nevada, with its mandatory testing, condom usage and barring violent customers.
Inevitability: Prostitution is, as has been previously said, often named the world’s oldest profession. It happens in poor and rich countries, conservative and liberal places, and in both peace and wartime. One only must see how widespread it is. Thus, one might argue that seeing as prostitution is essentially an inevitability, it might as well be legal and moderated. After all, centuries of illegality haven’t stopped it. That being said- a lot of things are inevitable.
Against:
Forced Prostitution: There’s no way to determine the amount of prostitutes forced into the job by trafficking, but the amount certainly isn’t zero. Legalisation, even with law enforcement backing, does not necessarily prevent trafficking. There’s a bit of back and forth as to whether legalisation increases or decreases trafficking, but the point stands that it will always be there. By legalising it, it seems almost certain that violent pimps and traffickers will not have more of an imperative to flood the market.
Class and Sex: The vast majority of prostitutes are women. Of those in the trade itself, a number are either trafficked or come at it from an economic standpoint. Those who are most at risk of trafficking or survival sex come from minority and poorer socio-economic backgrounds. This thus puts them at a disadvantage when being put with clients who have the ability to pay for their services. Is that not taking advantage of the most vulnerable?
Normalises: Much in the same way the ‘consenting adults’ justification is a libertarian argument, the next is more conservative in nature. One might say that legalising prostitution might normalise it. For some, normalising it is not an issue. For others, they may not want to normalise casual sex with strangers. This is especially true if the clients are married as it could serve as an outlet for adultery. In a feminist twist on the argument, one might say that it normalises a more powerful person paying for the body of a marginalised one.
Doesn’t Stop the Root Causes: There are numerous reasons as to why people enter prostitution. Some want to simply work at something they enjoy or take advantage of the potentially good pay. Others are victims of trafficking, survival sex, poverty, or addiction. Some argue that legalising prostitution does not get to those root causes. People may still enter prostitution because of those reasons even if it is legal. Would it be preferable to help those most in need?
Doesn’t Stop the Violence: Proponents of legalisation and decriminalisation argue that prostitutes are safer under those methods. Whilst that may or may not be true, it doesn’t prevent violence at all. One might point to the murder of Anna Louise Wilson, a New Zealand prostitute murdered after the client refused to wear a condom. Another might point to the fact a prostitute was murdered in a German brothel, the largest in the world.
What Do We Do?
When it comes down to it, it’s clear that there isn’t much of a consensus on prostitution. Despite the trend towards legalisation and decriminalisation, there are still those who oppose it.
Prostitution isn’t just a woman- or a man- having sex for money. It’s about choice, desperation, desire, and fear. There are those who see it as a job, whilst there are those who were forced into it. Some want to leave. There are pimps, brothels, websites, street corners and clients, not by sheer accident, but because supply is often preceded by demand.
Of course, we must listen to prostitutes themselves. They are the ones with first-hand experience of selling their bodies at great risks and under varying circumstances. Many have been victims of child sexual abuse, rape, domestic violence, and addiction. For those who are comfortable in their trade, legalisation and decriminalisation is considered a comfort. For others, it’s no safety blanket. Indeed, many supporters of prostitution uniformly view prostitutes as consenting participants whilst many opponents uniformly view them as victims of manipulation. Unfortunately, things aren’t that simple.
There are some reading this who will want prostitutes to be able to freely work without governments coming down on them. There are others who may be disgusted at the idea of the state sanctioning it. Whatever the case, one hopes that this article has helped them understand the dimensions of debate which surround this controversial and complex issue.
