Monday, September 19, 2011

Legalization or Decriminalization

Prostitution is a topic that has been of discussion, far before the birth of anyone alive today and has grown into a very hot topic throughout the years. Should prostitution be legalized throughout the country or be completely illegal? This is not the question this post will be asking, whether you believe prostitution should be legal or if you believe it should be illegal is not the discussion that I am trying to create. Deciding whether the legalization of prostitution or the decriminalization of the industry would be more appropriate, is what this post will be examining.

The legalization of prostitution regulates and controls the industry by creating operating conditions, through the use of criminal laws. Depending on who is in charge of creating the laws surrounding the legalization of prostitution from state to state the regulations can vary from extremely strict to a legally defined foundation. Often the legalization of prostitution brings with it strict criminal penalties, for anyone who steps outside of this "foundation". This all basically means that the government is very much in charge--some may even state that the government would be a prostitutes new pimp.
When it comes to the decriminalization of prostitution there are many differences from legalization. Decriminalization actually removes the criminal laws related to the operation of the industry. Instead of putting the government in complete control over the decisions that affect the workers, decriminalization supports and works towards the health, safety and other issues--abusive clients, etc.--of the individuals working within the industry, using
existing legal and workplace methods.
The legalization of prostitution seems to fit within the conflict theory of sociology. This is because, the government is in a position to control a prostitute, which results in power struggle, inequality--"what a prostitute is allowed to use their body for"--and conflict state to state; just to mention a few of the possible issues.

When it comes to decriminalization it is possible to see it through a functional analysis approach. This is because, multiple areas are working together. The government is not coming up with all new rules, instead existing ones are being appropriately used. There is structure to the system and each part works with the others to make decisions, which are beneficial for more than one group.

Would legalization or decriminalization be better, for the county? Which would be more beneficial to the workers and the outside individuals who take part?



1 comment:

  1. What theoretical perspective best explains why prostitution is considered illegal in this country?

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