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Civil libertarians characterize prostitution as a "victimless
crime," and argue that it ought to be legalized. Feminist critics
counter that prostitution is not victimless, since it harms the
people who do it. Civil libertarians respond that most women freely
choose to do this work, and that it is paternalistic for the
government to limit a person's liberty for her own good. In this
book Peter de Marneffe argues that although most prostitution is
voluntary, paternalistic prostitution laws in some form are
nonetheless morally justifiable. If prostitution is commonly
harmful in the way that feminist critics maintain, then this
argument for prostitution laws is not objectionably moralistic and
some prostitution laws violate no one's rights. Paternalistic
prostitution laws in some form are therefore consistent with the
fundamental principles of contemporary liberalism. "Philosophically
distinctive and empirically well-supported. It deserves to be taken
very seriously in any subsequent discussion of prostitution."
-Analysis "On the whole, de Marneffe has written a thorough and
sharp book challenging some tenets of liberalism and their
application to prostitution laws. De Marneffe's book carefully
explores the intersection of liberalism, paternalism, and
prostitution laws and is important for anyone interested in this
area of criminal law theory." - Notre Dame Philosophical Reviews
Civil libertarians characterize prostitution as a "victimless
crime," and argue that it ought to be legalized. Feminist critics
counter that prostitution is not victimless, since it harms the
people who do it. Civil libertarians respond that most women freely
choose to do this work, and that it is paternalistic for the
government to limit a person's liberty for her own good. In this
book Peter de Marneffe argues that although most prostitution is
voluntary, paternalistic prostitution laws in some form are
nonetheless morally justifiable. If prostitution is commonly
harmful in the way that feminist critics maintain, then this
argument for prostitution laws is not objectionably moralistic and
some prostitution laws violate no one's rights. Paternalistic
prostitution laws in some form are therefore consistent with the
fundamental principles of contemporary liberalism.
In the United States today, the use or possession of many drugs is
a criminal offense. Can these criminal laws be justified? What are
the best reasons to punish or not to punish drug users? These are
the fundamental issues debated in this book by two prominent
philosophers of law. Douglas Husak argues in favor of drug
decriminalization, by clarifying the meaning of crucial terms, such
as legalize, decriminalize, and drugs; and by identifying the
standards by which alternative drug policies should be assessed. He
critically examines the reasons typically offered in favor of our
current approach and explains why decriminalization is preferable.
Peter de Marneffe argues against drug legalization, demonstrating
why drug prohibition, especially the prohibition of heroin, is
necessary to protect young people from self-destructive drug use.
If the empirical assumptions of this argument are sound, he
reasons, drug prohibition is perfectly compatible with our rights
to liberty.
In the United States today, the use or possession of many drugs is
a criminal offense. Can these criminal laws be justified? What are
the best reasons to punish or not to punish drug users? These are
the fundamental issues debated in this book by two prominent
philosophers of law. Douglas Husak argues in favor of drug
decriminalization, by clarifying the meaning of crucial terms, such
as legalize, decriminalize, and drugs; and by identifying the
standards by which alternative drug policies should be assessed. He
critically examines the reasons typically offered in favor of our
current approach and explains why decriminalization is preferable.
Peter de Marneffe argues against drug legalization, demonstrating
why drug prohibition, especially the prohibition of heroin, is
necessary to protect young people from self-destructive drug use.
If the empirical assumptions of this argument are sound, he
reasons, drug prohibition is perfectly compatible with our rights
to liberty.
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