ABSTRACT

The history of prostitution in modernity is the history of the unintended consequences of government. This chapter outlines the historical and social context of prostitution and discusses the reasons for governing prostitution and to outline the options available to government. It focuses on why legal reform of prostitution tends to define and target problem populations and perpetuate dichotomous assumptions about men and women and the public and the private. In modern western nations, the criminalisation of prostitution is the dominant form of governmental intervention. Criminalising prostitution is justified on a variety of grounds. At its most extreme the purpose of criminalisation is to eradicate the industry. Traditionally the justification for legal prohibitions against prostitution, most specifically soliciting, has been in terms of public order. Prostitution, along with many other so-called victimless crimes has long been regarded as an activity that encourages police corruption.