The Feminist Theory, Prostitution, and Universal Access to Justice

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Table of Contents

Abstract
Introduction
A Review of Feminist Theory
Literature review
Advantages and Shortcomings of the Feminist Theory
Conclusion
References

Abstract

Prostitution is regarded as a crime in many countries around the world. It is especially considered to be a repulsive and deviant social act in many developing nations. However, civilization has led to the acceptance and legalization of this practice in a number of western nations. Different scholars have addressed the issue of prostitution from varying perspectives. A number of theories have been applied to achieve this objective. One of them is the feminist theory. In this paper, the author analyses the feminist model with respect to criminology and prostitution. In the essay, it is concluded that the theory is a key component of the reforms needed in the criminal justice system with respect to prostitution. In this regard, the issues discussed point to the fact that the theoretical framework has more benefits than limitations. The underlying principle in relation to the application of the model is to enhance universal access to justice.

Introduction

Prostitution is regarded as a criminal activity in various jurisdictions around the world. It is believed to be one of the most ancient trades in human society. However, in spite of its long history, it is considered to be against the social framework and cultural values of many communities. As a result, a number of laws have been put in place to regulate or ban the practice.

In this essay, the subject of prostitution is discussed in the context of the feminist theory of criminology. To this end, the various issues relating to the theory are outlined in the paper. According to Britton (2000), the feminist model is essential in understanding the criminal nature of women offenders in the world. In the analysis made in this paper, it is apparent that the criminal nature of prostitution is best understood by taking into consideration the various paradigms of the theory of feminism.

A Review of Feminist Theory

Feminism is part of the larger sphere of criminology, an academic field in social sciences. It mainly focuses on the victimization of women in the society. According to Daly (2008), the criminal justice system is characterized by a number of issues relating to the feminist theory. To this end, Daly (2008) makes reference to gender inequality. Other issues are delinquency and prostitution. The concepts are largely associated with the feminist theory. The long term objective of this theory is to ensure that gender equality is achieved. Given the critical role played by this model in modern criminal justice systems, it is important to examine some of the various categories associated with it.

One of them is the liberal feminism. According to Britton (2000), this type of freedom of thought was advanced by Freda Adler and Rita Simon. Liberal feminism is given a lot of recognition within the North American region. The proponents of this particular theory hold the view that women suffer intense discrimination in the society. Daly (2008) provides a similar perspective to support these suppositions. Daly (2008) argues that female discrimination in terms of sex and career goals place women at a disadvantage with men. Liberal feminists are of the opinion that women should be given the opportunity to participate in societal matters without any hindrances. Impeding their participation will deal a major blow to efforts aimed at eliminating gender based discrimination.

There is also another type of feminism with a strong inclination to the economy. Marxist feminism is derived from the understandings of the economic foundations of a society in relation to social and gender relations. Britton (2000) suggests that this particular theoretical framework is derived from the Marxism theory. Britton (2000) is of the opinion that the Marxist social model created some form of gender bias. Under the Marxist system, female members of the society are over-burdened with labor compared to their male counterparts.

The Marxist social theory created an environment where the women are dominated by the males. In this regard, Marxist feminism concurs with the principles of the liberal feminism (Daly, 2008). Different social classes emerge from the ideals of the Marxist social theory. For instance, capitalist societies result in unequal gender interactions. Daly (2008) suggests that due to the unequal interactions, of a capitalist society, rape is common. The same contributes to other sexual violations.

Radical feminism, on its part, focuses on gender based abuse inflicted on women. However, Britton (2000) points out that this form of feminism provides criticism to the liberal type that has been advanced. Based on this theory, crime and other unfair social relations are brought about by the power and privilege bestowed on men. Daly (2000), on their part, points out that a number of social relations are based on patriarchy. The same explains the masculine control of labor and sexuality.

The various types of feminism discussed so far point to the male dominance in a society. The gender imbalances contribute towards crimes like prostitution. According to Britton (2000), male dominance of sexuality results in high cases of female prostitution. To this end, the feminist helps develop the criminal justice systems.

Literature review

There is a broad spectrum of literature touching on the feminist theory in relation to prostitution and the larger criminal justice system. In this regard, the various phenomena of the theory are discussed from previous studies. Also, the applications of the same, in criminology help to advance the notion that the feminist theory will shed light on gray areas in the criminal justice system (Wynter, 2006).

Empirical Phenomena

The primary aspect of the feminist theory is that it is a social movement. Wynter (2006) held this perspective from the understanding that social movements enable the criminal justice systems to evolve. Davis (as cited in Daly, 2008) argues that feminist theories are developed from research and extensive knowledge of the subject. The theory cuts across a wide array of subjects including art law and science. Advancement in areas like criminal justice has forced the subject to be an issue of discussion many pieces of literature (Hannah-Moffat, 2003).

As already mentioned in this paper, prostitution is an illegal activity in many legal systems. However, Wynter (2006) argues that prostitution is an avenue through which the male gender is empowered at the expense of women. The radical feminism challenges this perspective. Wynter (2006) points out the irony of feminists, based on the radical perspective. According to Wynter (2006), there are feminists who appear to be in support of sexual workers. However, such support is limited by the claims that sexual work is deplorable. Based on this argument, it would appear that radical feminists rely on morality to advance their ideas.

The ethical argument against prostitution has been the subject of debate between liberal and radical feminists. According to Daly (2008), the conflict results from failure to have a common ground on matters relating to ethics. Some of the contentious issues include morality, virtue and degradation. The politics behind the ethical debate apply to the criminal justice system (Mottier, 2004). In this regard, some of the elements of this theory become necessary to discuss.

Social life encompasses, among others, sex and gender issues. According to Gelsthorpe (as cited in Daly, 2008), feminism (with respect to criminology) must ensure that gender is the main principle of social life. Within a social life, power is an integral aspect. To this end, Daly (2008) suggests that the criminal justice systems must be cognizant of the fact that power is a key element in the social relationships.

Criminology requires the feminist theory to allow an insight of context regarding peoples behavior. In the cases where social change is necessary political commitment becomes vital (Daly, 2008). The feminist theory also calls for openness and creativity when it comes to the evaluation of knowledge. All these features are critical to criminology since they provide for an avenue to approach crimes that result from gender biasness (Hannah-Moffat, 2003).

The discussion about the elements of this theory points to instances of an overlap between feminist aspects and those of criminology. A study by Stubbs (as cited in Daly, 2008) points out that the feminist theory in criminology emerged as early as the 1960s. At the time, stakeholders on matters relating to gender related crime, found the subject interesting. To this end, research became necessary.

The chronology of the feminist theory in criminology begins with the intention to rope in the female folk into the society. Britton (2000) suggests that the same was brought about by the disparities in the treatment of girls and women in relation to crime and victimization. Discourse on matters relating to feminism were stemming from the absence of empirical information relating to female criminalization (Mottier, 2004). Consequently, the disparities between girls and women shifted to matters relating to race, class and various ethnic identities.

In the 1980s there was a major shift in which the feminist agenda took a racial dimension. In America and Europe, the women of color sought for a comprehensive analysis for racial interaction across the genders (Wynter, 2006). The criticism to the racial interactions was coupled by several epistemological questions regarding the real meaning of feminism. Feminists, from a criminology background, felt that it was time to re-evaluate the assumptions that define the concept.

Several feminist scholars have developed the perspective that there are three main epistemological orientations of the subject. According to Gelthsthorpe (as cited in Daly, 2008), a number of scholars suggest that feminist empiricism can either be viewed through realism or social construction perspectives. The second epistemological concept is the standpoint which refers to the standpoint of an argument and its place in criminology (Prins, 2006). Finally, Daly (2008) cites deconstruction as the breaking down of critical thinking concepts.

The epistemological orientations made it possible for gender to be observed from a unified point of view. For instance, Wynter (2006) argues that in the 1980s, issues affecting men and women could not be viewed from the same perspective. To this end, deconstruction is seen as a way through which the racial issues, with respect to feminism could be discussed. During this period, universalist claims became non-existent.

Application of the Feminist Theory

The theory of feminism finds acceptance in the criminal justice system. In this regard, reference is made to the application of the theory on matters touching on prostitution. According to Britton (2000), capitalism gives rise to instances where one gender is given power over the rest. In most cases, men commit offenses but hide behind the banner of their perceived gender superiority. The liberal feminism helps to demystify any gender imbalances.

The feminist theory is applicable in cases where the crime of prostitution requires a review. According to Britton (2000), women are the most affected party in this illegal trade. Women get arrested in swoops and are charged with solicitation and indecent exposure. An understanding of feminism implies that amendments to the law are necessary. The amendments should include incriminating both parties to the prostitution trade.

Proponents of prostitution argue that the trade should be legalized to ensure that there is equity in terms of labor. As mentioned earlier, the capitalist economic system creates labor inequalities based on gender (Daly 2008). In the framework of liberal feminism prostitution can be considered as a trade no lesser than any other. The situation is brought about by the absence of jobs in cases where women are intentionally left out. Liberal feminism calls for the inclusion of male prostitutes into the fray. The stereotype that prostitution is a female crime would subsequently disappear.

The theory of feminism can help address the moral dilemma of the subject. The same is seen in cases where the trade is legalized. The illegality of prostitution results from cases where the trade is carried out against certain ethical practices. According to Daly (2008), the ethical debate results in a review of various aspects of feminist etymology. As already mentioned, the epistemological orientations made it possible review of standpoints. Wynter (2006) argues that, in the observation of gender from a universal standpoint the progress to criminal justice in addressing victimization becomes impeded. To this end, deconstruction is seen as a way through which ethical issues, with respect to feminism and morality.

In general there is a greater benefit to the application of the feminist theory in criminology. The same will further the discourse on gender based victimization. Consequently, justice will be seen as being fair to everyone in the system (Daly, 2008). That notwithstanding, it is essential that the concept be further evaluated in terms of the pros and cons. In the subsequent section, a detailed analysis of the benefits and shortcomings of the theory are illustrates. The result will help develop the thesis statement for the essay.

Advantages and Shortcomings of the Feminist Theory

The applicability of any theory is largely dependent on its ability to realize the core objectives. In this regard, the ideal question to ask would be whether the theory can help address the gray areas with respect to prostitution or not. According to Britton (2000), the main shortcoming to the feminist theory in criminology relates to social and cultural spheres. The relationship between the people in the society takes centre stage.

The feminist theory of feminism is, indeed about the interrelationship among the people in a society. Britton (2000) argues that the theory should be about how individuals fit in a society and the perspective of the other members. Unfortunately, the empirical connotations of the subject do not agree with the perspective of an individuals fit. The empirical notions suggest that the theory is generalist.

The application of the feminist theory demands that stakeholders observe the general treatment of individuals in a society. According to Britton (2000), the character in reference should be the female folk. The theory does not give an in-depth analysis of how the females are the affected parties when it comes to the issues of prostitution. The theory does not mention the male parties who are also involved in prostitution. The same can be illustrated by the difference on the subject of morality between the Marxist and liberal feminist.

The shortcoming of this theory can also be reflected when it comes to issues relating to the cultural diversity of a society. As previously mentioned, there is a need for the deconstruction of the universal standpoint. According to Britton (2000), universal standpoints will always emerge in various societies. To this end, the theory might not match up to the infinite dynamism. An example is seen in the case of patriarchal societies. The problem here is that in many cultures and societies, the role of the male perceived as superior to that of the female folk. In a society like the kind mentioned it difficult to separate an individual from a place where they have always called home.

The advantages of this theory range from reforms to the criminal justice system to safeguarding minorities from victimization. The law is expected to ensure that all the people in a given jurisdiction access justice without bias. According to Wynter (2006), girls and women have been subject to victimization due to institutionalized forms of bias. When the criminal justice system creates the impression that women contribute towards prostitution, the same can be seen as bias. Fortunately, the feminist theory helps to deconstruct the gray areas in the law. Consequently, discrimination based on gender would cease to exist (Prins, 2006).

As previously mentioned, failure to respond to the plight of men and boys acts is one of the major limitations of the feminist theory. However, the idea that a law can be amended to accommodate equality, acts as a precedent for further amendments. To this end, the limitation is not strong enough to prevent a response to the question raised in this essay. The subsequent section concludes the discussions of this essay by providing a thesis statement.

Conclusion

The essay points out that, prostitution is a criminal activity in various jurisdictions. Criminology cites the feminist theory as one of the aspects of encouraging a discourse on the subject. The respective benefits of this theory imply that there is victimization when it comes to matters relating to prostitution as a crime. Britton (2000) argues that the theory of feminism is essential in understanding the criminal nature of women offenders. The discussions in this essay raise the question as to whether the feminist theory can help advance equitable justice.

To this end, the ideal thesis statement to the study would be that the feminist theory is a key component in the reforms of the criminal justice system with respect to prostitution. Britton (2000) sets the pace for further discourse on the subject of prostitution. Should the same be legalized? How can victimization be avoided in the prosecution of prostitution? The question prompts further research on the subject.

References

Britton, M. (2000). Feminism in criminology: Engendering the outlaw. Annals of the American Academy of Political and Social Science, 571, 57-76.

Daly, K. (2008). Feminist perspectives in criminology: A review with gen Y in mind. Web.

Hannah-Moffat, K. (2003). Getting women out: The limits of reintegration reform. Criminal Justice Matters, 53, 44-45.

Mottier, V. (2004). Pragmatism and feminist theory. European Journal of Social Theory, 7(3), 323-335.

Prins, B. (2006). Narrative accounts of origins: A blind spot in the intersectional approach?. European Journal of Womens Studies, 13(3), 277-290.

Wynter, V. (2006). Theyre not stupid girls. Griffith REVIEW, 13, 107-111.

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