Vernacular

,
Legislation
& Moral
Principles
–
Prostitutio
n within
Varying
Feminist
Conjecture
s
Student No. 164596
Term 2 2010.

Word count (excluding

references & table) 2,013.
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Vernacular, Legislation & Moral Principles – Prostitution within Varying Feminist
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Vernacular, Legislation & Moral Principles – Prostitution within Varying Feminist Conjectures.

ACAP Student no. 164596

Term 2, 2010.

The following essay will address prostitution/sex work from a feminist

and postmodern social perspective. For the purpose of this essay, the
term ‘sex work’ will be adopted and is interchangeable with ‘prostitution’.
Sex work/prostitution is defined as other than sex trafficking and forced
sexual acts. This essay will only address female sex workers, since they
make up the majority of workers within the industry. An exploration of
feminist ideology and postmodern social theory will set the framework in
which investigation into sex works cultural milieu and varying cultural and
public opinions of this profession (primarily within Australia).

Deconstructing discourse and linguistically determining social preconceptions of sex work.

Postmodern social theory concerns itself with the dialect and meaning of contrasts and

symbols in the form of spoken word. Postmodernists assert that within each word there are

layers of symbols which produce connections and associations cognitively, historically and

otherwise. This is to say that unconsciously it is possible to reinterpret words spoken by placing

them in our own socially constructed framework. This can lead to mismanaged messages and

signals, which in turn leads to misinformation.

Current feminist postmodern analysts seek acknowledgement towards a study of

sociology that regards symbolism and socio-cultural aspects as significant and influential in our

understanding of personal interpretation of information, especially from a social-cultural

framework. With this in mind, the term ‘prostitution’ must be deconstructed (according the
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deconstructionist-linguistic theorists of postmodern socio-cultural approaches) in order to

appreciate the facets and layers that determine the reasoning behind ‘pay-for-sex’ behavior

and choices. The female body and sexuality has existed as a commodity throughout much of

recorded history. Within capitalist culture, the female body continues as a means of generating

service and trade, the human sexual act in exchange for money (or other determined values).

The term prostitution has developed away from service and exchange towards an act of

deviance warranting punishment and reprimand [ CITATION Nus04 \l 1033 ]. Postmodern

feminists and sex workers have actively sought after a mode of conduct within social context

that would redefine the act of prostitution, along with the terminology surrounding it. This

would include actioning the same workers rights that other industries are privy to. The sex work

industry (and associated terminology) has come about through much focused research into the

social and private benefits of recognizing the sex-exchange transaction as a legitimate business

enterprise that should bare the same entitlements that other such dealings would under other

‘legitimate’ business circumstances. This is to say that where the decriminalization of sex work

has occurred, there should be an expectation of adequate pay for service, and there should be

the ability for sex workers to be able to access unions ensuring their rights and safety.

Obviously sex work is viewed starkly in contrast to many other business ventures, and as

postmodern feminists argue, this means there are a variety of other aspects of sex work service

that would need to be addressed from a lobbyist perspective [ CITATION Par02 \l 1033 ]. These

would include; freedom to information regarding safe sex practices, access to health services

that are empathetic, freedom from workplace violence and assault, and opportunities to
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establish other aspects of workers lives once they move away from sex work (this includes

training and education opportunities). Of course these interactions as businesses would also be

subject to taxes and associated Government imposed costs of running legitimate businesses.

By employing such strategies, sex work can move towards the legitimacy of

business/industry and away from the all encompassing generalizations the term ‘prostitution’

conjures. Although this is the stance taken by postmodern feminists and liberal feminists, many

other feminists see sex work as a continuation of the way in which women are objectified and

oppressed within socio-cultural settings (See Table 1, Pp 7-8).

Feminist dichotomies and changing directions.

Feminist theory has diversified over a period of time. Traditional and conservative

feminist perspectives are being challenged by contemporary feminist viewpoints. Within the

breadth of contemporary feminists lie a train of thought that encompasses postmodern socio-

cultural perspectives. Postmodern socio-cultural theory arose out of recognition that a new

generation of social commentators is present in both in macro and micro-analysis of

sociological conditions and behaviors [ CITATION Bai07 \l 1033 ]. This new generation has

experienced society and its contained issues differently from the sociologists before (in the

modern era and prior). The postmodern generation seeks to deconstruct previous and existing

ideas and concepts, rebuilding the social contrasts in a ‘post’ emphasized manner.
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Within the development of sociological ideas, there are now postmodern Marxists,

feminists, and libertarian theorists. These groups concern themselves with the deconstruction

and re-establishment of dialect within society and also the symbols and layers of linguistic

determinants. Postmodern social theory is not without its critics, yet it remains at the fore of

future sociological theory.

Postmodern conditions and the hyper-real

Postmodern theory has generated some of the most valuable sociological research over

the past several decades. It uses discourse analysis as a key practice [ CITATION Met02 \l 1033 ].

Within feminism, postmodern approaches have allowed and encouraged the questioning of

assumptions that were previously not investigated [ CITATION Ben06 \l 1033 ]. Postmodern

theory has been criticized as non-linear nonsense, along with being cynical and ironic [ CITATION

McL99 \l 1033 ]. It can be sometimes described as a reactionary theory to modernisms beliefs in

truth, progress and individuality. It professes to seek what is really real, and fascinates itself

with the hyper-real. Much of postmodern sociological theory concerns itself with constructs

formed within social contexts and discourse theory. Postmodern feminist conjecture is

relatively new, and was said to have derived from postmodern sociological theories lack of

attention to gender roles in societal contexts [ CITATION And02 \l 1033 ].

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Congruence between feminism and post modern social theories occurs (at least in one

instance) to provide meaning and power to gender identity and peripheral complexes.

Feminists and postmodernists each share a critical view of traditional psychology, though some

feminists are concerned that postmodern theoretical agendas may be a subterfuge where

overriding groups again suppress ‘the women’s’ voice. This is the point at which feminism and

postmodern feminism are clearly distinguishable. This can be seen clearly in the distinctions

between radical and/or Marxist feminists and the postmodern feminist’s views on sex work

[ CITATION Hum04 \l 1033 ]. Where postmodern feminists view sex work for women as a means

of generating income through (what they believe should be) legitimate business transactions of

sex-for-pay, Marxist feminist approaches to sex work see the trade as ultimately

disempowering to those involved and as a clear misunderstanding of socialist trade

configurations.

Radical and Marxist feminists see sex work as ultimately exploitative, and a reflection of

the abhorrence that remains disguised towards women[ CITATION Har04 \l 1033 ]. With this

misogynist foundation, radical and Marxist feminists argue that sex-for-pay and postmodernists

support of such action, only further marginalizes women in their culture. Even more zealously,

radicals have expressed concern over postmodern feminism as a contrived hidden agenda that

will ultimately further disenfranchise women and dismiss them additionally, further into the

patriarchal schedule. Although this appears a mistrustful idea, it has been raised in addition to

the pronounced silence feminists have endured over the past decade [ CITATION Mow09 \l

1033 ]. The continued increase in the sale of pornography, the increase in sex-for-pay services
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and increased incidents of sexual assault add to the argument that women remain objectified

as sexual provinces for men’s benefit and misadventure.

Table 1 - Feminist Ideologies and their position on sex work

Theory Origins/Lobbyist Advantages Criticisms Sex work Other

s outcomes
Liberal John Stuart Mills Personal Attributed to Sees sex work View
Rights over many male as oppressive, women’s
social good sympathizers as an indication right to
of sex work of a wider choose sex
societal issue work, moral
relating to views as
gender independents
inequality vary.
Concerned
with events
that go with
Radical Focus on Lobbyists for Ultimately the structure
deeply segregated exploitative
entrenched spaces and and needs to
male/female communities cease.
divisions further
dividing
gender
relations.
Continued
view that
men and
women are
separate
species.
Postmodern Jacques Derrida There is no
(a) single truth Liberation If a persons There is no
from binary truth leads to ultimate force
oppositions sex work it is or meaning in
does nothing therefore life.
for the justified, yet Individually
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feminist ultimately defined with

cause oppressive. individual
truths.
(b) Simone de Male centric
Beauvoir world view, Sex work as a Rejects the
that restricts Rejection of transaction, ‘essence of
women’s the feminist with the view woman’
identities & label. that sex work is notion.
roles. Defined entrepreneurial Concerned
as the . with the
ultimate structure
acceptor of itself, rather
diversity. than the
events.

Marxist Karl Marx Seeks to

reduce
exploitation. Doesn’t Exploitation of
recognize workers and a
that a sex corruption of
worker can wage labor.
cease the Should cease to
transaction at exist.
will, thereby
the sex-for-
pay act as
exploitative
Existentialist Allows becomes
women redundant. Sex-for-pay is
choice Sees sex work viewed as
regarding the Doesn’t as offering powerful for
generation of acknowledge immediate women, since
income. exploitation empowerment, the money
can occur in temporarily they earn is a
sex work. affirming and rewarding
rewarding. commodity.
Where money
is not the
reward (and
substances
are (for
example)),
this theory
looses
ground.
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Australian specific experiences

In May, 2009 the Sydney Telegraph ran an advertisement on behalf of the organization

‘The Salvation Army’. The ad talks about a male sex worker who was ‘saved’ by The Salvation

Army, throughout the advertisement the content reinforced stereotypes of sex work as an

industry and of those who work as sex workers. The ad portrayed sex workers as victims of an

inherently immoral world, with the Salvation Army as liberators of this perpetual cycle of

criminal and immoral behavior (www.abc.net.au/news/stories/2009/06/02/2586631.htm,

accessed 21st April 2010).

A postmodern sociologist commenting on the story suggested that the approach to the

advertisement ties in with current general populous opinion, which finds it easier to understand

sex workers as victims, rather than as autonomous individuals capable of making conscious

decisions, which in turn would require a social and moral reassessment of sex work and those

involved. Janelle Fawkes, CEO of Scarlet Alliance (a union for sex workers and the sex work

industry in Australia) made mention in the article that the Salvation Army have further

distanced themselves from individuals or collectives who actually require their services through

their own ignorance and stigma.

University lecturer, Barbara Sullivan, heads the Department of Government section of

the University. In her paper ‘Feminist Approaches to the Sex Industry’ (date unknown), noted

that sex workers have publicly proclaimed themselves to be feminists and have begun to align
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themselves to feminist policies and politics. Sullivan goes on to comment that there has been

an increase in women sex workers who outwardly define themselves as feminists who happen

to work in the sex-for-pay industry [ CITATION Saw09 \l 1033 ].

It need be said that a growing amount of literature around the sex industry has begun to

make a distinction between prostitution and sex work [ CITATION Dit06 \l 1033 ]. The former is

defined as engaging in sex-for-pay activity due to circumstantial pressure (either substance

dependency, peer demands, forced engagement due to pressures of ‘pimps’, or a lack of other

employment opportunities), while the latter is defined by autonomy and conscientious choice,

un-persuaded by external influences or determents [ CITATION Per99 \l 1033 \m Pog02]. This

distinction has been adopted by feminist analysts in order to distinguish and decimate

boundaries that may hinder providing male and female sex workers rights within their industry [

CITATION Sul07 \l 1033 ]. Within Australia, liberal discussions occur in spite of fundamentalist

religious (or other) agendas and general populous ignorance. Australia is fortunate that these

issues are debated at State political arenas, where law reform action has the potential to

change outcomes and circumstances for sex industry workers, enabling the dissemination of

information and for human rights action to occur [ CITATION Hal93 \l 1033 ]. The primary positive

outcome has been the reinstatement of decriminalized sex work, both within formal

establishments and for ‘street workers’ alike. Again, this is state legislation and states vary

throughout Australia regarding legislation and legalities around sex work.

Regardless of post modern or traditional feminist approaches to sex work, it appears

from the literature that both factions agree that the value of human dignity be issued to all,
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regardless of employment circumstances [ CITATION Jef09 \l 1033 ]. Municipal opinions aside,

there is no justification for some of the discriminatory incidents that occur within sex work and

prostitution to be allowed [ CITATION Bai07 \l 1033 ].

The state of Victoria was the first in Australia to legalize brothel situated prostitution in

1984. This model of sex work regulation is defined as a ‘best-practice’ model for other

Australian states and has been used as such throughout the world. The Victorian Governments

approach and justification to legalization of brothels was based on legislation that was being

developed at the time which professed to restrict the growth of brothel and street prostitution,

to end child prostitution, to make sex work safer for women, and to eliminate the involvement

of organized crime in prostitution. It was also said to eliminate sex trafficking. Although

espoused as ‘best practice’ the legislation was later found to not only have failed in addressing

the mentioned issues, but studies demonstrated that the legislations only made the matter

worse, and created new problems within itself [ CITATION Coa09 \l 1033 ].

Within Australia laws vary from state to state. This is a reflection of the difficulty in

maneuvering through legislation, rather than individual states having varied sociological and

ethical ideals. Although feminism in its various guises is relatively visible both in Australia and

the US, [ CITATION Kim02 \l 1033 ], in spite of contra accounts (Mower, 2009) it has been unable

to transpose the publics opinion from sex work as victimless crime to industrialized work

capital. Attitudes that would ensure the sex work industry and sex workers have the same

rights to occupational health and safety standards, education, work place satisfaction, freedom

from discrimination and adequate and fair wages that others sectors of employment remain
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highly politicized and have been said to prevent more the immediate addressing of the human

rights and industrial workers rights that are lacking from sex work in Australia [ CITATION All90 \l

1033 \m Pin09].

The previous essay has looked at various feminist conjectures, with an emphasis on

comparisons between Liberal and Postmodern Feminist ideologies regarding sex work and

prostitution. The essay focused on the feminist perspective from the female workers viewpoint,

since it is difficult to source literature from a consumers view point (those paying for the sex

interaction experience), it is acknowledged that these voices are silent in this particular essay. It

would be complementary for there to be an exploration of consumers experiences from a

feminist perspective (or otherwise).

Regardless of the perspective many feminists take relating to sex work, it can be

determined from the literature analyzed for this report that all are concerned with the human

rights of sex workers, and also with workers rights being maintained through the

decriminalization of sex work trades.

Works Cited

(2009). Retrieved April 24, 2010, from Coalition against trafficking in women Australia (CATWA):
www.catwa.org.au

Allen, J. . (1990). Sex and Secrets: Crimes Involving Australian Women Since 1880. Melb:AU: Oxford
Press.
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Anderson, S.A. (2002). Prostitution and Sexual Autonomy: Making Sense of the Prohibition of
Prostitution. Ethics .

Bailey, A. & Cuomo, C.J. (eds). (2007). The Feminist Philosophy Reader. Boston: McGraw-Hill.

Benoit, C & Shaver, F.M. (2006). Critical Issues and New Directions in Sex Work Research. Gender & Law
, 43 (3).

Ditmore, M.H. (2006). Encyclopedia of Prostitution and Sex Work. Greenwood Publishing Group.

Hall, J.R. & Neitz, M.J. (1993). Culture:Sociological Perspectives. . Prentice Hall.

Harding, S. (2004). The Feminist Standpoint Theory Reader. NY:US: Routledge.

Human Rights Watch. (2004). The Phillippines: Unprotected Sex, Condoms, and the Human Right to
Health (Vol. 6). Human Rights Watch.

Jeffreys, S. (2009). The Idea of Prostitution. Spinifex Press.

Kimmel, M.S. (2002). Profeminists men's studies: A Research and policy agenda. In Clinical Research
Conferneces Synopsis. American Family Therapy Academy.

McLellan, B. (1999). The Prostitution of Psychotherapy: A Feminist Critique. Brittish Journal of Guidance
and Counselling .

Metz, E.M., Hinds, J.D., & Brucker, R.A. (2002). Attitudes Towards Prostitution Among Males: A
Consumers Report. Current Psychology: Development, Learning, Personality, Social Work. , 363-376.

Mower, D. (2009). Sex Differences in Moral Interests: The Role of Kinship and the Nature of Reciprocity.
Journal for the Theory of Social Behaviour. , 39 (1).

Nussbaum, M.C. (2004). Womens education: A global challenge. Signs: Journal of Women in Culture and
Society. , 2 (29), 325-355.

Parpart, J.L. . (2002). Lessons from the field: Rethinking Power, Gender and Post (Post?) Development
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Perkins, R. (Ed). (1999). Sex Work and Sex Workers in Australia. SYD:AU: University of NSW.

Pinto, S. S. (2009). No. 22 - Prostitution Laws in Australia (amendments). Australian Institute of

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Rekart, M.L. (2005). Sex-work harm reduction. The Lancet .

Sawer, M., Abjorensen, N. & Larkin, P. (2009). Australia: The State of Democracy. AU: Federation Press.

Sullivan,M.L. (2007). Making sex work: a failed experiment with legalised prostitution. Spinifex Press.

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Australian Institute of Criminology. www.aic.gov.au. Paper No.22. Pinto, S., Scandia, A. & Wilson, P.

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(Accessed 23/4/2010)

Coalition Against Trafficking in Women Australia. www.catwa.org.au/?q=node/37

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