18 Matching Annotations
  1. Sep 2024
    1. 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

    2. risk of buying sex is an “erotic factor.”

      against Peters supply and demand view

    1. 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

    2. 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?

    3. 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

    4. 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 -

    5. 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

    1. 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

    2. so will reduce these harms.

      will it reduce these harms though or just exacerbate them for a reduced number of existing prostitutes?

    3. emotional pretense

      how is this different from other forms of emotional labour/ - eg like daycare worker

    4. egulation in some form

      containment/control - what type of regulation?

    1. 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

    2. 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

    3. Is it pursuing a legitimate aim? (vi) Is the measure proportionate to that aim?

      could use this as a definiton of 'justify' -

    4. 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

    5. 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?

  2. Jan 2024
  3. Apr 2023
    1. 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?