The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
recklessly in the streets is a legal offence in a cabman; but to take
a fare within prescribed limits and to drive in the streets is no
moral offence at all. The same kind of argument holds true of all the
technical offences created by the Acts of Parliament above alluded to.
It is the exceeding of a certain limit (thereby causing inconvenience
to society) which constitutes the legal offence under these economic
regulations. But in the Contagious Diseases Acts the case is wholly
different. Prostitution itself is morally criminal. The State—placing
the Contagious Diseases Acts on the category of merely economical
regulations—makes the crime dealt with under them to consist in acting
as a prostitute _when out of health_. It says to the trader in sin,
“You are guilty, unless you pursue this trade under certain conditions
prescribed by Act of Parliament,” thus plainly implying, “You are not
guilty so long as you ply your trade in compliance with the conditions
imposed by our Act,”—hence the fearfully immoral influence of such a
law upon the people at large! Whatever may be said, on the ground of
expediency, against certain recent Acts of Parliament, it can never be
said that their influence is _directly_ immoral, for the technical
definition by the State of the crime treated in these cases does not
involve the recognition of the lawful and innocent character of
actions in themselves vicious, condemned by God’s Word, and ruinous to
society; finally, it is clear that little or no injury to character is
incurred by a false accusation under these economical Acts, whereas a
false accusation under the Contagious Diseases Acts is ruinous.
Footnote 42:
The practical working of this Act turns upon the voluntary submission.
The clauses which refer to this are as follows:—
Act 1866, clause 17.— “Any woman, in any place to which this Act
applies, may voluntarily, by a submission in writing, signed by her in
the presence of, and attested by, the superintendent of police,
subject herself to a periodical medical examination under this Act for
any period not exceeding one year.”
Public-domain text, read in full here on John Shaqi.
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