Abstract

This contribution analyzes the views of Kant and Fichte on a topic that seems to be far removed from their main philosophical preoccupations: prostitution. Nevertheless, systematic links can be constructed between their major ethical and political presuppositions and their views on prostitution. To understand these views correctly, we must first reconstruct their views on sexuality and marriage. Only then will it become clear why they morally condemn prostitution. Yet moral condemnation does not yet tell us how the legal system should fare with prostitutes and their clients. Whereas Kant is rather silent on this topic - merely saying that the pactum fornicationis should have no legal standing - Fichte draws a distinction between professional prostitutes and hobby prostitutes. Whereas the former are to be excluded from the community, the latter may be tolerated