Law Essay

2016 Words9 Pages
The work of prostitutes has been a long-standing, controversial subject in the law. In the case of Bedford the Supreme Court’s Decision was that prostitution itself and the laws that surround it, should be legalized to ensure security of the person. Mill, Devlin, Dworkin, MacKinnon, Naussbaum all have different views on what is seen as the right judgment. Through the Christian and Women’s Coalition there is a continuous debate surrounding what needs to be done for the safety of the sex workers as well as the safety and order of the community. After taking into account all of the relevant opinions and section 7 violations I believe that the New Zealand Model should be adopted. On the liberal side there are Mill and Dworkin that agree on some of their views. Mill believes that the law should only be justified in creating legislation that upholds the harm principle, which is when an action harms another person. According to Mill people should be free to practice any individual lifestyle as long as it doesn’t inflict harm on others. Dworkin, on the other hand, adds to the harm principle because he believes in evaluating a moral position on whether it has moral principles or whether it is secured on illogical grounds (such as emotions). Dworkin’s view provides a filter for the harm principle, where he provides more of a restriction to what can seem morally right. Drawing from these points on the views of Mill and Dworkin I believe they would both be in favour of sex work being completely legalized. Mill would agree on the grounds that prostitution does not directly harm those around them. Individuals may be putting themselves at risk but it is their free choice to make that decision. Dworkin ‘s grounds I believe would be that stigmat... ... middle of paper ... ...an occupation is viewed as morally wrong, is because of the negative stigma that has been attached to this field of work. If this stigma starts to diminish once society becomes used to the New Zealand Model, the immoral view attached to prostitution will diminish as well, giving the conservatives no reason to believe it should be criminalized. The majority approach in the Malmo-Levine case is not very relevant to my decision in choosing the New Zealand model because I went against the majority’s decision and more or less decided with the issue of harm. The difference being that I sided in favour of the prostitutes because of the harm that the law inflicted on the sex workers. In conclusion, from all the collected liberal, conservative, and feminist views I have chosen the New Zealand Model because I believe it will be the most positive and morally right outcome.

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