The constitution violated : $b An essay — John Shaqi
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
In the expectation of having this proved to us in numerous pamphlets to
the absolute satisfaction of the writers of the same, I cannot avoid
this opportunity of investigating a little more closely the so-called
moral arguments brought forward in favour of the Acts. In doing so I do
not for a moment intend to return to that unprofitable dispute which
they prolong regarding certain reclamations which they claim of a
percentage of their patients in hospital. But I would call attention to
the following fact, that our opponents always, and up to the present
moment, in speaking of the “moral view,” include in that expression only
that wretchedly limited portion of the question which relates to the
annual exodus from this degrading trade of a certain number of public
women, an exodus which they who are acquainted with the circumstances of
the lives of such women before the Acts ever came into existence, know
to have been always going on to a very much greater extent than the
upholders of these Acts take cognisance of. Whereas this has, without
exception, been the limit of our opponents’ view of the extent of the
moral question involved, our view of that question has extended far
beyond the moral influence of this legislation on the immediate victims
of it, and has embraced its influence on the country at large, and that
not only considered in its character as a direct encouragement to
license, through the protection offered, but also in its character as a
warping and blinding influence on the judgments and consciences of men
of all classes who may themselves not be guilty of any personal
impurity. It is a most inadequate and narrow view of the morality of
which we speak as undermined by the Acts, which is exclusively confined
to sexual morality. Injustice is immoral; oppression is immoral; the
sacrifice of the interests of the weaker to the stronger is immoral; and
all these immoralities embodied in these iniquitous Acts, and
continually contemplated, as they must be, by all that portion of the
nation who have no direct connection with the working of them, are a
demoralizing influence of the most deadly character.
I cannot too much insist upon the weight which we who oppose these Acts
attach to the statement which we have so frequently made, that they are
calculated to transfer the essential element of guilt from the vice to
the infringement of this law. Under the action of this law we maintain
that gradually society at large comes to regard as evil and good, not
vice and virtue absolutely, but, vice not regulated by this law, and
vice regulated by this law. Men’s talk, inferences, actions come to be
all based upon a false distinction, the distinction between regulated
and unregulated vice, and the true distinction between vice and virtue
is lost sight of.
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