While neither the client nor the prostitute is innocent, I do not call for the vilification or legal censure of those who bear an immediate and commensurate penalty for their mistakes. The relationship between prostitutes and their clients reflects a form of destructive interaction present in many other sexual and non-sexual human relationships. As an extreme example of this general form of injurious behavior, it highlights wrongful features of other sexual or labor relationships. Consequently, prostitution points to the need for amending a social vision that reduces morality to consent, contract, and fair market price and for revising human interactions that resemble
prostitution.21
Yolanda Estes
Mississippi State University

Notes
- 1. Common usage defines prostitution as selling oneself for sexual hire or an unworthy cause. According to this definition, many forms of prostitution are legal, condoned, or even encouraged. In order to narrow the scope of this critique, I focus on the most overt form of sexual prostitution: the explicit, verbally consensual, voluntary exchange of a sexual act involving direct physical contact for money. I consider only the sexual relations between female prostitutes and male clients. I address the experience of prostitution in contemporary western society rather than presenting “origin stories,” cross-cultural comparisons, socio-economic analyses, or theories of prostitution. I do not discuss the present legal status of prostitution, because I deny that the essential problematic aspect of prostitution depend on its illegality. I am well aware of the division among feminists on this issue and do not wish to deny that some harmful aspects of prostitution stem from its illegality. Strong argument could be offered in defense of decriminalizing prostitution, but this argument will not be offered within the context of this paper. On the origins of prostitution and the need for a theory of prostitution see, Alison M. Jaggar, “Prostitution,” in Philosophy of Sex, ed. Alan Soble (Totowa, NJ: Rowman and Littlefield, 1980), 348-368. For a comparison of prostitution in different societies see, Laurie Shrage, Moral Dilemmas of Feminism: Prostitution, Adultery, and Abortion (New York, NY: Routledge, 1994). For a discussion on the role of prostitution and marriage in patriarchal, capitalist society see, Carole Pateman, The Sexual Contract (Stanford: Stanford University Press, 1988). For a discussion of the need for prostitutes to assume a subject position in philosophical discourse on prostitution see, Shannon Bell, Reading, Writing, and Rewriting the Prostitute Body (Bloomington and Indianapolis: Indiana University Press, 1994).
- 2. I appeal to Kant’s “principle of humanity,” which states: “Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.” See, Immanuel Kant, Groundwork of the Metaphysic of Morals, trans. H.J. Paton (New York, NY: Harper and Row, 1964), 96.
In appealing to the principle of humanity, I assert that my argument presupposes basic Kantian principles, but I make no claims about Kant’s views of prostitution. Consequently this essay represents a “Kantian” reflection on prostitution rather than Kant’s reflections on prostitution. My argument depends on several features of Kant’s philosophy that tend to be minimized by contemporary critics. First, despite accusations to the contrary, Kant showed a remarkable understanding of our carnal, finite nature. Consequently, many of his claims about sexual relations are based on his cognizance that sexuality is inseparable from empirical subjectivity. Sexual relations involve the human subject in its entirety. Second, according to Kant’s interpretation of the Categorical Imperative, actions should not merely maintain humanity as an end in itself but should actively promote this end. Consequently, one has a meritorious duty to adopt the ends of others, with regard to their greater moral perfection, general human development, and their self-determined projects. For a discussion of this meritorious duty to others, see Ibid. 96-7.
- 3. This essay is based on an earlier essay, “The Myth of the Happy Hooker,” in Violence Against Women, edit. Stanley French, Laura Purdy, and Wanda Teays (Ithaca, NY: Cornell University Press, 1998). In the earlier essay, my co-writer, Clelia Smyth Anderson and I argued that prostitution is also inherently violent, but I think that the wrongful nature of prostitution can be established independent of that claim.
- 4. This concept of human subjectivity originates with Kant and exerts profound influence on the tradition of German Idealism and on Continental Philosophy in general. Fichte assumes Kant’s notion of an intelligible subject or “moral will” and argues that the intelligible I only appears in consciousness through the empirically determined, limited, embodied individual members of a social whole. According to both the Kantian and Fichtean theories of morality, human beings possess dignity because they are “ends in themselves,” i.e., willing beings capable of determining their own goals and projects. We show deference to the dignity of others by respecting their individual concerns, desires, and projects. The notion of “recognition” was introduced by Fichte through the doctrine of Aufforderung, the summons, but the reader is probably more familiar with the Hegelian and Sartrean concepts of recognition.
- 5. We might imagine a society in which a specifically sexual desire plays little or no role in intercourse, but in contemporary western society, sexual desire is a very relevant feature of sexual relations. To say, “I do not care if my sexual partner desires me,” is equivalent to saying “Her needs and wishes for pleasure, comfort, and contentment do not concern me.” How could one say this if one held one’s partner in high regard and possessed even a slight concern for her general well-being?
- 6. It should be self-explanatory that we violate a person’s freedom when we involve them in activities without their obvious agreement to engage in those activities. For this reason, consent is a necessary condition of sexual relations according to the implications of most moral theories. Nonetheless, to assume that consent is a sufficient condition for morally acceptable sexual relations seems a reckless moral attitude. People often consent to have sexual relations without desire. For instance, some people are afraid of hurting their potential partner’s feelings, of appearing “frigid," or of failing some imaginary obligation. Although I am inviting a good deal of criticism by saying so, I suspect the feelings of uneasiness, bad faith, and guilt aroused by such “altruistic” sexual acts probably indicates something problematic. Moreover, when one imagines the complex and often tragic consequences of even so-called “casual” sexual encounters, requiring no more than consent seems unconscionably lenient. Human beings suffer when they engage in undesired activities just as they suffer when our desires are unfulfilled. Sometimes, suffering is unavoidable or morally necessary, such as when our desires are unreasonable or morally objectionable, but inflicting unnecessary suffering on another or on oneself is morally questionable at best.
- 7. In this context, “concern” does not denote a type of emotional sympathy but simply a moral regard for others’ interests, which include their needs, desires, and projects as well as their psychological and moral well-being. This claim might seem paternalistic, but demonstrating concern for others’ interests and acting in a paternalistic manner are not the same. Most moral theories acknowledge that one should consider others’ interests as well as one’s own. It is paternalistic to force or coerce a person into promoting her own interests, but it is only morally proper to refrain from actions that undermine another person’s interests. With regard to the case at hand, it is paternalistic to force or coerce a prostitute to give up her trade on the grounds that doing so is in her best interest. On the other hand, it is not paternalistic to refrain from purchasing her services because it is not in her best interest even if she consents to sell her services.
- 8. Many sexual abusers attempt to justify their actions by claiming that their victims “really” wanted, needed, or enjoyed the sexual encounter. Some sexual abusers claim to feel genuine concern and affection for their victims. This does not show that desire or concern justify sexual abuse, but it reveals that even the sexual abuser recognizes the significance of concern and desire within sexual relations. People who have been disillusioned by their sexual partner’s lack of concern or desire often report feeling dirtied or violated. This does not show that mutual concern and desire provides sufficient basis for a sexual relationship, but it does reveal that these factors affect our interpretation of our sexual relationships.
- 9. This attitude makes blatant physical violence possible, because it cultivates an image of others that permits more obvious forms of assault, such as rape, battery, and murder. Assuming an attitude of callous insensitivity towards human beings and viewing them as if they were mere means makes it easier to treat them like things that one can buy, waste, or break.
- 10. A woman considers this way of earning a living for a variety of reasons. I can imagine some very practical considerations that might make prostitution appealing to some women. Women often experience difficulty earning a living wage and prostitution offers rather significant returns for the investment of time and money. Because many women are often family care-givers, they need flexible working schedules. Prostitution generally allows for a more flexible schedule than other jobs. Nonetheless, each particular act of prostitution occurs on condition that the prostitute receives money for the sexual services she provides. This exchange defines the sexual interaction as prostitution.
- 11. The myth of the sexual expertise does not wash when we remember that many clients will pay extra for a “new girl” or a supposed virgin. Furthermore, if experience were the relevant issue, it seems to be a fact of common knowledge that experienced lovers do not usually become so by playing hard to get. It is true that many prostitutes receive a type of “training” at the hands of pimps, proprietors of “escort” agencies, or “massage” parlors, but this type of “education” mainly focuses on etiquette, appearance, and overcoming aversions to particular sexual acts. This may indeed make a prostitute more successful, but it does not endow her with any special sexual skills. Furthermore, it does not distinguish prostitutes from other polite, attractive, uninhibited women. For an indication of the training through exposure to pornography, etc. that many prostitutes receive see, Evelina Giobbe, “Confronting the Liberal Lies about Prostitution,” in Living with Contradictions: Controversies in Feminist Social Ethics, ed. Alison M. Jaggar (Boulder: Westview Press, 1994), 125. See also, Sunny Carter, “A Most Useful Tool,” in Living with Contradictions: Controversies in Feminist Social Ethics, p. 114 for a discussion of the extent of unique skills and sexual education of one former prostitute: “I went shopping for what I imagined to be proper “hooker clothes”: a long, flowing dressing gown, garter belts and stockings, ridiculously high heels. I practiced walking the length of my apartment until I felt confident that I could wear the damn things without falling down. I felt I had to call attention to my only good feature---my legs. The rest of me was twenty pounds overweight, I had no waist at all, my breasts were big, but droopy. My face was passing, but nothing to write home about. Still, nobody had ever kicked me out of bed, so, as I waited for my very first client, a fellow named Harold, I walked back and forth to make sure I had the shoes down pat, smoked one cigarette after another and made several trips to the john to check my make-up and hair.”
- 12. It was recently suggested to me that a plausible and morally acceptable reason for having sexual relations with a prostitute would be that one’s “beloved” but infirm wife could not participate in conjugal relations. Presumably, seeking a prostitute would spare the “beloved” sexual advances that she could not reciprocate and emotional infidelity that an extramarital lover could present. While there are surely situations in which performing the sexual act might be painful, repugnant, or dangerous, one might ask oneself if a devoted spouse ought not concern himself with something other than his own sexual needs in such a case. One might ask as well, if the “beloved” wife ought to be overcome by gratitude for his “consideration.”
- 13. A recent talk-show interview with a man who claimed he was unable to find willing sexual partners sheds some light on this issue. After “confessing” to thousands of television viewers and the live audience that he was “forced” to pay for sex, the rather ordinary, but by no means physically repugnant individual revealed that his problem had developed during middle age. He was no longer able to attract the sort of woman who attracted him. Indeed, he said he was unwilling to have sex with a woman whose “sexual standards were low enough to be attracted to me.”
- 14. In this respect, the prostitute’s client differs from the pedophile, the zoophile, and the necrophile only in degree. The fact that he attempts to accomplish his end by means of a live, adult, homo sapien provides him with a socially acceptable varnish that belies his perverse avoidance of human contact.
- 15. A recent article in Playboy concurs with this analysis. In “The Rules of the Game,” Playboy, 42 (10), p. 52, October 1995, James R. Peterson cites Al Goldstein’s explanation of why men seek the services of prostitutes. “Of all the commentators, Screw publisher Al Goldstein was most honest, reporting a story about the night he spent $1000 on an escort. ‘It was splendid, rollicking sex. When it was over I felt like willing my body to science. And then she left. She left. As the supreme final act in our opera of fucking, her leaving was like a cherry on a sundae, a sumptuous dessert after a seven course meal, a plunge into cool water after running a marathon. That’s when I had my glistening realization. I realized I wasn’t paying this woman for sex. I was paying her for the luxury of her leaving after sex.’”
- 16. Every individual’s sexual “personality” is a unique, complex combination of physical and emotional needs and responses. The same basic sexual acts may arouse feelings or pleasure, discomfort, or repugnance depending on the particular context, the participant's bodily states, and the manner in which the acts are performed. The prostitute cannot yield to her particular sexual personality, because she must exhibit the personality that he desires. Mature sexual partners understand that sex is that it is an exploration in which one is permitted to fail. Prostitution forbids her this luxury. Moreover, even if she feels pleasure, she must express her pleasure in a manner that is pleasurable for him.
- 17. He wants to make of her “a thing on which another satisfies his appetite, just as he satisfies his hunger on a steak.” (Immanuel Kant, The Philosophy of Law, trans. W. Hastie, in Morality and Moral Controversies, ed. John Arthur, Englewood Cliffs, NJ: Prentice Hall, 1993, p. 254.)
- 18. See Carole Pateman, “What's Wrong with Prostitution,” in Living with Contradictions: Controversies in Feminist Social Ethics, ed. Alison M. Jaggar (Boulder: Westview Press, 1994), p. 131. Pateman points out that the complaints of most clients of prostitutes concern the prostitutes’ cold, disinterested, and mercenary attitudes. In other words, a pretty appearance, sexual expertise, and good manners are not the only issues. Men who seek prostitutes expect a degree of warmth and personal interest. They expect to be treated as something more than a party to a mercenary arrangement. To be sure, a restaurant patron expects a little more than tasty food, but if the food is good, the establishment is clean, and the service is polite and efficient, he would have no grounds to complain that the waiter was mechanical and impersonal or that the chef did not “really care.”
- 19. John Stuart Mill, “The Subjection of Women,” in Essays on Sex Equality, ed. A. S. Rossi (Chicago: University of Chicago Press, 1970), p. 141. Compare this passage to Immanuel Kant: “For love out of inclination cannot be commanded.” See Groundwork of the Metaphysic of Morals, trans. H.J. Paton (New York, NY: Harper and Row, 1964), p. 67.
- 20. Of course, we do not mean to suggest that slavery, prostitution, and marriage are identical. Generally speaking, women do not choose to be sold as slaves, but they do often choose to become wives or prostitutes. Nonetheless, the attitudes of some husbands and all clients towards wives and prostitutes resemble the attitudes of masters towards slaves in many respects. See also on the relations between contract laborers and employers versus slaves and masters, Immanuel Kant: “It may however appear that one man may bind himself to another by a contract of hire, to discharge a certain service that is permissible in its kind, but is left entirely undetermined as regards its measure or amount; and that as receiving wages or board or protection in return, he thus becomes only a servant subject to the will of a master (subditus) and not a slave (servus). But this is an illusion. . . . [T]his would imply that they had actually given themselves away to their masters as property; which, in the case of persons, is impossible. A person can, therefore, only contract to perform work that is defined both in quality and quantity, either as a day-labourer or as a domiciled subject.” The relationship between sexual partners is something quite different for Kant, sexual partners give themselves over wholly in an exchange of like for like, which is not at all the same as a contract of money for service. See Immanuel Kant, The Science of Right, trans. W. Hastie, in Great Books of the Western World, V. 42, (Chicago: IL, Encyclopaedia Britannica, Inc., 1952), p. 419-45.
- 21. I would like to thank the following people for valuable advice and support in preparing the final version of this essay: Michael Clifford, Melanie Eckford-Prosser Clifford, Michael Goodman, Clelia Smyth Anderson, and the anonymous reviewer of Essays in Philosophy.
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Copyright ã 2001, Humboldt State University