Poetic justice: Why sex-slaves should be allowed to Sue ignorant clients in conversion [Book Review]
Law and Philosophy 29 (3):307-336 (2010)
In this article I argue that clients who purchase commercial sex from forced prostitutes should be strictly liable in tort towards the sex-slaves. Such an approach is both normatively defensible and doctrinally feasible. As I have argued elsewhere, fairness and equality demand that clients compensate sex-slaves even if one refuses to acknowledge that fault is involved in purchasing sex from a prostitute who might be forced. In this article I argue that such strict liability could be grounded in the tort of conversion, and not only (as argued elsewhere) in battery. Since the quintessential experience of sex-slaves is that of being treated as chattels, the appropriate legal response is to allow them to benefit from the strict liability imposed on those who interfere with an owner’s dominion over his property. Accordingly, sex-slaves should be viewed as both subjects and objects. As subjects they can sue clients for the violation of their sexual autonomy manifested by their treatment as objects. This approach is both advantageous to sex-slaves, in the sense it affords them protection that might not otherwise exist, and fair, since the ultimate response to the objectification of sex-slaves by clients should be to afford the former a proprietary-based claim against the latter. I further explain why my approach is not problematic on conceptual grounds, anti-commodification sentiments or feminist concerns with the symbolic message of my solution: that the law treats women as property.
|Keywords||Philosophy Logic Political Science Social Sciences, general Law Theory/Law Philosophy Philosophy of Law|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Morality of Teenage Sex and its Implications for Sex Education.Robert Van Wyk - 2011 - In Adrianne Leigh McEvoy (ed.), Sex, Love, and Friendship: Studies of the Society for the Philosophy of Sex and Love: 1993-2003. Rodopi.
Conflicting Philosophies of School Sex Education.Michael J. Reiss - 1995 - Journal of Moral Education 24 (4):371-382.
The Wedding Bells Heard Around the World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?Mark E. Wojcik - manuscript
Kant on Sex and Marriage: The Implications for the Same-Sex Marriage Debate.Matthew C. Altman - 2010 - Kant-Studien 101 (3):309-330.
Conflict Between Religious Commitment and Same-Sex Attraction: Possibilities for a Virtuous Response.Michael Benoit - 2005 - Ethics and Behavior 15 (4):309 – 325.
A Survey on Views of How to Assist with Coming Out as Gay, Changing Same-Sex Behavior or Orientation, and Navigating Sexual Identity Confusion.Angela M. Liszcz & Mark A. Yarhouse - 2005 - Ethics and Behavior 15 (2):159 – 179.
Sex with Ex-Clients: Theoretical Rationales for Prohibition.Susan N. Shopland & Leon VandeCreek - 1991 - Ethics and Behavior 1 (1):35 – 44.
Nonerotic Dual Relationships Between Therapists and Clients: The Effects of Sex, Theoretical Orientation, and Interpersonal Boundaries.Barbara E. Baer & Nancy L. Murdock - 1995 - Ethics and Behavior 5 (2):131 – 145.
Added to index2010-01-13
Total downloads37 ( #140,790 of 2,178,038 )
Recent downloads (6 months)1 ( #317,704 of 2,178,038 )
How can I increase my downloads?