- Sep 2024
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library.scholarcy.com library.scholarcy.com
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eedback loops are established when knowledge of the harms suffered by prostituted people becomes known and inspires misogynistic attitudes and actions.
role of harms caused by prostitution to uphold & reinforce patriarchy - go beyond the individual
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risk of buying sex is an “erotic factor.”
against Peters supply and demand view
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library.scholarcy.com library.scholarcy.com
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victim trajectory that eschews her agency and more complex accounts of her subjecthood
problem with percieving women as victims - from which paternalistic laws have to protect
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unquestioned racialised, class and gender assumptions about the status of all women
homogenisation of women - does peter do this in idenitifying harns/seeikng how law redcues thse harms?
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ncrease in an expanding, yet little regulated, sex market accessed via the internet, pornographic magazines and informal networks.
Peter does not mention this - how these laws that reducve psrositution - the regimes he thinks are justified can cause these effects
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harm stems from/is intrinsic to the commodification of sex per se, as abolitionists attest, or if harm is a result of/the consequence of selling sex in the context of poverty, sexism, racism and statelessness without recourse to state protections.
this is the crux of the diss question basically -
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classic displacement
something Peter does not really mention - just says well the fact it would still happen does not mean we shouldnt criminalise it - yes but what about the way in which it would happen - ie criminalisaton etc transforms the way prostitution is performed etc - this effect of displacement
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academic.oup.com academic.oup.com
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Why should this kind of forced labor be treated as torture if forced labor in general is not?
not necessarily a good point - we still regard other forms of forced labour as slavery - still a horrific experience exploitation is still exploitation regardless of the type of work - the key here is that the power leads to other forms of abuse not necessarily that the labour itself is worse
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so will reduce these harms.
will it reduce these harms though or just exacerbate them for a reduced number of existing prostitutes?
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emotional pretense
how is this different from other forms of emotional labour/ - eg like daycare worker
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egulation in some form
containment/control - what type of regulation?
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library.scholarcy.com library.scholarcy.com
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even when the aim is legitimate,
even if these harms are found to exist and warrant avoiding - the law is not necessarily justified by reducing these harms -d epends on the type of law - its symmetry etc
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epeat offender and that she is the merchant or dealer b
goes to the point of well what laws are the ones that justify the restrictions on prostitution? - whether or not the restrictions are justified depends in part on the nature of the restrictoin
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Is it pursuing a legitimate aim? (vi) Is the measure proportionate to that aim?
could use this as a definiton of 'justify' -
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Is it pursuing a legitimate aim? (vi) Is the measure proportionate to that aim?
these last 2 quesgtions of the 'test' is what the diss is asking - is the restrictions on prostitution pursuing a legitimate aim (reducing the pscyhological/social harms) - is the measure proportionate to that aim? maybe answer the question using the last 2 branches of this analysis - in the clearer structure'/breakdown we will be given
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literature on prostitution is divided between those who see it as sex work and those who see it as an inherently violent and exploitative practice
this is the limitation - is there a third lense missing here?
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- Jan 2024
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academic.oup.com academic.oup.com
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settlor.
settlor - A (creator of the trust)
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- Apr 2023
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library.scholarcy.com library.scholarcy.com
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have been held in previous decisions of the courts to give rise to a duty of care,"
But what about the Hill case being use to deny DOC by trial judge in Robinson?
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