NCJ Number
54397
Journal
Contemporary Crises Volume: 3 Issue: 1 Dated: (JANUARY 1979) Pages: 53-68
Date Published
1979
Length
16 pages
Annotation
LIBERAL IDEOLOGY, PARTICULARLY THE LIBERAL CONCEPTION OF HARM, IS EXAMINED WITHIN THE CONTEXT OF THE QUESTION OF WHETHER PROSTITUTION AND ADDICTION ARE VICTIMLESS CRIMES.
Abstract
THE LIBERAL CONCEPTION OF HARM IS CENTRAL TO LIBERAL IDEOLOGY BECAUSE IT DELIMITS THE CONDITIONS NECESSARY TO JUSTIFY ANY LEGAL PROHIBITION. CENTRAL TO THIS CONCEPTION IS THE REQUIREMENT THAT HARM BE FELT IF IT IS TO COUNT AS HARM. THE LIBERAL CONCEPTION OF HARM IS LIBERAL IN THREE WAYS: IT TAKES THE THWARTING OF FREEDOM OR LIBERTY RATHER THAN THE EXPERIENCE OF PAIN AS ITS STANDARD, IT EQUATES PREVENTION OF HARM WITH MAXIMIZATION OF LIBERTY, AND IT PLACES THE BURDEN OF PROOF ON THE LIMITERS OF LIBERTY RATHER THAN ON THE DEFENDERS OF LIBERTY. TO APPLY THE LIBERAL TEST OF HARMFULNESS TO PROSTITUTION AND ADDICTION, IT IS FIRST NECESSARY TO DISTINGUISH THE CONSEQUENCES OF THESE ACTS FROM THE CONSEQUENCES OF THE SOCIAL CONTEXT IN WHICH THEY TAKE PLACE, MOST PARTICULARLY THE FACT THAT THEY ARE CRIMES. ONCE THIS DISTINCTION IS RECOGNIZED, PROSTITUTION AND ADDICTION ARGUABLY ARE HARMLESS UNDER THE LIBERAL CONCEPTION OF HARM. NEVERTHELESS, THERE LINGERS THE INTUITION THAT PROSTITUTION AND ADDICTION ARE SOMEHOW BAD. THIS INTUITION RESTS ON A FUNDAMENTAL SENSE OF WHAT IT MEANS TO BE HUMAN, A SENSE THAT IS AN IMPORTANT STANDARD FOR ASSESSING HUMAN INSTITUTIONS BUT THAT IS AT ODDS WITH THE LIBERAL CONCEPTION OF HARM. EVEN THOUGH REASON DEMANDS THE DECRIMINALIZATION OF PROSTITUTION AND ADDICTION, A RATIONAL FOUNDATION FOR NEGATIVE INTUITION REGARDING THESE ACTS CAN BE FOUND. THE FOUNDATION HAS TO DO WITH THE SENSE THAT BOTH PROSTITUTION AND ADDICTION ARE FORMS OF DEGRADATION. IT IS DEGRADATION THAT IS THE REAL HARM, ONE THAT ELUDES THE LIBERAL CONCEPTION, EXPOSES ITS LIMITS, AND RAISES DISTURBING QUESTIONS ABOUT THE SOCIAL ORDER. MUCH IF NOT MOST OF THE WORK ENGAGED IN BY CITIZENS OF MODERN WESTERN SOCIETIES IS DEGRADING IN THE SAME WAY THAT PROSTITUTION IS. A SIMILAR POINT CAN BE MADE ABOUT ADDICTION. THE MAJORITY OF WORKERS TAKE ORDERS FROM SOMEONE ELSE AND, ALTHOUGH THEY CAN CHANGE JOBS, THEY CANNOT CHANGE THE FACT THAT THEY TAKE ORDERS. THE LIBERAL CONCEPTION'S TENACITY IS EXPLAINED IN PART BY ITS ROLE IN SUPPORTING AN IDEOLOGY WHICH HIDES THE PROSTITUTION AND ADDICTION IN ORDINARY LIVES. IT MAY BE THAT, AS LONG AS PEOPLE POSSESS EVEN A VAGUE SENSE OF THE MEANING OF DEGRADATION, FOCUSING THIS SENSE ON A SMALL GROUP OF PEOPLE SERVES THE PURPOSE OF DIVERTING ATTENTION FROM THE DEGRADATIONS OF THE LARGER SOCIAL ORDER. THIS SCAPEGOATING PROCESS MAKES SENSE ONLY WHILE PEOPLE RETAIN A SENSE OF WHAT DEGRADATION MEANS. ALTHOUGH THERE IS A NEED TO DECRIMINALIZE PROSTITUTION AND DRUG ABUSE, THAT REFORM MIGHT HERALD AND/OR PROMOTE THE FINAL EROSION OF THE SENSE OF THE MEANING OF HUMAN DEGRADATION. (LKM)