The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
single persons, and that male persons have no part whatever in the
offence.
The attempt to define a prostitute is as difficult as it is, in the long
gradation of character among men, from the most virtuous to the most
vicious, to fix on that point at which a man may be stamped as an
immoral character. Nevertheless, if the purification of society were the
object of these laws, instead of the protection of one sex against the
other, it would be possible, for legal purposes, to define prostitution,
although the definition might be arbitrary. But for the purposes of this
law, which does not aim at the purification of society, but only at the
protection of one sex against the other, it is absolutely necessary that
definitions should be avoided, and that the wholesale treatment of the
weaker sex should be carried on in a maze of indefiniteness and
arbitrary selection.
But without inquiry further into the causes which operate to bring about
this result, it is evident that in the absence of any unanimity of
opinion in the public mind as to what constitutes a prostitute, and in
presence of the difficulty of drawing the line which public opinion
admits, these Acts were bound to supply the definition. In the long line
of women, extending from the most virtuous to the most vicious, there
are two points at which the Acts might, if they pleased, have defined
prostitution. Yet they adopt neither of these definitions. In the first
place, they might have said that every woman is to be called a
prostitute under these Acts who voluntarily and by some avowed method
assumes the name; or secondly, that every woman who is found
associating, under any circumstances, with a man, and who cannot produce
a certificate of her marriage with him, is to be called a prostitute
under the Acts.
Public opinion would not sanction the latter definition.
They did not adopt the former definition because it would not have been
sufficiently inclusive for the purposes of the Act.
What they have really done is to leave the word undefined, and
professing to adopt something like the former definition, thus soothing
the alarms of justly-minded persons, they practically adopt the latter
definition, with such arbitrary omissions as shall, in various places
and at various times, seem good to the policeman of the district and the
justice of peace of the district.[67]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account